In Volume 6, Issue 1 of the North Carolina Journal of Law and Technology, Kate Reder published an article on a related topic, entitled “Ashcroft v. ACLU: Should Congress Try, Try, and Try Again, or Does the International Problem of Regulating Internet Pornography Require an International Solution?” 6 N.C. J. L. & Tech. 139 (2004). …
This comment explores the ways in which the doctrines of preemption, and more recently, complete preemption are being applied to the Copyright Act. In deciding whether claims are preempted by the Copyright Act, courts apply the “Extra Element Test.” However, courts are increasingly applying this test by looking at the facts underlying the claim, rather …
The Metro-Goldwyn-Mayer Studios v. Grokster decision extended secondary liability for copyright infringement to companies who distribute software that enables its users to commit infringement. The theory of holding Internet-based companies liable for enabling users to violate laws can be applied outside the narrow context of copyright law. A host of websites allow users to scalp …
For Confrontation Clause purposes, child testimony by two-way closed circuit television is substantively different from one-way closed circuit television. Two-way closed circuit testimony is preferable because it more closely approximates face-to-face confrontation. The Supreme Court’s case-specific holding in Maryland v. Craig was directed at one-way closed circuit testimony. As such, the Eighth Circuit was mistaken …
This Recent Development proposes that California’s new precedent for deciding maternity disputes arising pursuant to gestational surrogacy arrangements weakens legal protections afforded to the following populations: women who choose to donate eggs without becoming mothers, women who serve as gestational surrogates to friends or family members, and women who accept egg donations without also accepting …
No abstract available.
Hong Kong is perhaps the “most wired” city in the world and has one of the best environments for e-commerce. Hong Kong’s e-signature law is a major contributing factor to this environment. The Electronic Transactions Ordinance Act of 2000 (“ETO”) allowed the utilization of only one form of electronic signature-digital. This ran contrary to the …