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infolaw
This page highlights legal journals and newsletters that
cover the internet or the wider information economy. It
notes major databases of legislation and judicial decisions.
It also points to the home pages and blogs of academic
and commercial lawyers whose writing influences the shape
of the information economy.
this page
This page covers -
As
with other pages in the guide, the pointers are not comprehensive.
An introduction to notions of 'information law is provided
by John Cahir's 2002 paper
Understanding Information Laws: A Sociological Approach.
legal databases
For Australia a jump-off point is Austlii,
a national legal database covering legislation, court
and tribunal decisions and some journals. Oz
Netlaw, "the internet legal practice of the Communications
Law Centre", is of lesser value.
Austlii spawned -
the
British & Irish Legal Information Institute (Bailii)
site, which now covers all primary legal material from
Britain and Ireland that is freely available to the
public (eg UK statutes from 1988 to 2001)
the Hong Kong Legal Information Institute (HKLII)
site, with Judgments (approximately 10,000 in full text)
from the Court of Final Appeal, Court of Appeal, Court
of First Instance, District Court, Family Court and
Lands Tribunal; Practice Directions; current Ordinances;
Domain name arbitration decisions by the Hong Kong International
Arbitration Centre and the Hong Kong Treaties Index.
For the US the WashLaw
Web and FeedLaw
are of particular value.
In September 2002 the New Zealand government belatedly
launched a legislation site.
Australian journals
The Australian Internet Law Bulletin (ILB)
and Australian Intellectual Property Law Bulletin,
unfortunately only available in cellulose format, provide
concise coverage of local web-related and IP law. The
Privacy Law & Policy Reporter (PLPR)
is essential reading for those with an interest in Australian
privacy developments.
The Murdoch University Electronic Journal of Law
(E-Law)
has a wider coverage with a strong interest in online
issues and developments. It complements the Digital
Technology Law Journal (DTLJ)
at Murdoch, primarily concerned with intellectual property.
The Commonwealth Attorney-General's department has an
online intellectual property (e-News)
and less extensive ecommerce
newsletter.
Among offline journals are -
Melbourne
University Law Review (MULR)
Media & Arts Law Review (MALR)
includes articles on communications, convergence, intellectual
property and other internet law local coverage
Federal Law Review (FLR)
- "an outstanding chronicle of contemporary legal
controversies in Australia"
Melbourne Journal of International Law (MJIL)
Deakin Law Review (DLR)
and Griffith Law Review (GLR),
the latter boasting that it's "theoretical, inter-disciplinary,
socio-legal".
Newcastle Law Review (NLR)
from the University of Newcastle and the Flinders
Journal of Law Reform (FJLR)
- which has featured work by Drahos & Braithwaite
Journal of Information Law & Science (JILS)
from the University of Tasmania law school
Sydney Law Review (SLR),
University of NSW Law Journal (UNSWLJ)
and more provincial Adelaide Law Review (ALR)
Other recommendations about web-related law journals are
found in the Privacy, Censorship, Intellectual Property
and Economy guides
on this site.
overseas journals
Among the large number of overseas electronic journals
and newsletters dealing with the law of cyberspace several
stand out, such as the feisty, concise The Filter
from Harvard Law School and the more sedate Harvard
Journal of Law & Technology (JOLT).
The Harvard Journal of Convergence (HJC),
launched in February 2001, promises to be a major resource
for regulatory policy, economic and technological issues
regarding the contentious topic of convergence.
Offline, major general and specialist journals feature
coverage of interest to users of this site. Among
our favourites are the
Berkeley
Technology Law Journal (BTLJ)
Canadian Journal of Law & Technology (CJLT)
Cardozo Arts & Entertainment Law Journal
(AELJ)
Columbia Law Review (CLR)
Communications Law in Transition (CLT)
- a US-UK journal that ranges from technical articles
to incisive reviews and coverage of the information
economy
Computer Law & Security Report
Cyberspace Law Journal (CLJ)
- irregular US academic publication
Duke Journal of Comparative and International Law
(DJCIL)
Duke Law Journal (DLJ)
Electronic Communication Law Review (ECLR)-
formerly the EDI Law Review and with a strong
emphasis on electronic commerce
Electronic Journal of Intellectual Property Rights
(EJIPR)
- papers published by the Oxford Intellectual Property
Research Centre
Emory International Law Review (EILR)
- a US academic publication complementing the IJGLS
Federal Communications Law Journal (FCLJ)
Harvard Law Review (HLR)
- abstracts and selected articles are online
Indiana Journal of Global Legal Studies (IJGLS)
and the European Journal of International Law
(EJIL)
Intellectual Property & Technology Forum
(IPTF)
from Boston College of Law
International Journal of Law & Information Technology
International Journal of Communications Law &
Policy (IJCLP)
- based in Germany
International Review of Law, Computers & Technology
John Marshall Law School Review of Intellectual Property
Law (RIPL)
Journal of Information Law & Technology (JILT)
- a UK academic journal
Journal of Law & Economics (JLE)
from the University of Chicago - neo-monetarist but
intelligent
Michigan Telecommunications & Technology Law
Review (MTTLR)
New England Journal of International & Comparative
Law (NEJICL)
New York University Law Review (NYLR)
- of value for human rights and entertainment law
Osgoode Hall Law Journal (OHLJ)
- for a Canadian perspective
Princeton Law Journal (PLJ)
Richmond Journal of Law & Technology
(RJLT)
Stanford Technology Law Review (STLR)
Surveillance & Society (S&S)
Technology Law Journal (TLJ)
Telecommunications Policy
UCLA Journal of Law & Technology (JLT)
Vanderbilt Journal of Transnational Law (VJTL)
Villanova Sports & Entertainment Law Journal (VSELJ)
Washington Journal of Law & Policy (WJLP)
Web Journal of Current Legal Issues (WJCLI)
with a strong EU focus
newsletters and feeds
Michael Geist's Internet Law News (ILN)
is a snappy e-mail digest of internet law developments
from a Canadian perspective.
In the EU the Qlinks
service from EU ecommerce specialist Richard Swetenham
complements GigaLaw,
a US-based daily e-law service and the more restricted
Domain Name Law Reports (DNLR).
LLrx
is one of several US legal feed pages.
The mordant Jessica Litman, US copyright guru, has
a New Developments page
on her site.
Major US law firm Perkins Coie offers an interesting Internet
Case Digest (ICD)
on its site. Most major Australian and overseas law firms
feature some coverage of online developments in their
newsletters.
Greg Aharonian's
feisty email Internet Patent News Service covers
US patent law developments and shares the verve of Martin
Schwimmer's Trademark blog.
The Centre for Law in the Digital Economy at Monash University
publishes the monthly CLiDE
online digest of Australian and overseas internet law
developments.
The Internet Law Journal (TILJ)
is a non-academic news services.
homepages
Yochai
Benkler
(New York) is one of the more provocative theorists of
the 'network economy', with important papers regarding
telecommunications, standards and intellectual property.
An example is his 1998 Intellectual Property &
the Organisation of Information Production.
Dan Burk
(Minnesota) is responsible for one of the classic early
papers on trademarks, 'cybermarks' and the internet.
Canadian academic and Berkman Fellow Rosemary Coombe,
with a particular interest in Indigenous intellectual
property and questions about consumer interactions with
trademarks online
Intellectual property academic William Fisher
of the Berkman Centre for Internet & Society.
Michael Froomkin
(Miami) is one of the more prominent critics of ICANN,
playing a leading part in ICANNWatch. Apart from papers
about domain administration he was an early writer on
questions of anonymity, for example Flood Control on
the Information Ocean: Living With Anonymity, Digital
Cash & Distributed Databases.
Michael Geist
(Ottawa) has an influential daily newsletter, highlighted
above, and has written papers such as Is There A There
There? Towards Greater Certainty for Internet Jurisdiction.
Jane Ginsburg
(Columbia) has written extensively on intellectual property.
An example is her 1997 paper Copyright Without Borders?
Choice of Forum & Choice of Law for Copyright Infringement
in Cyberspace.
Jack
Goldsmith
(Chicago) is one of the more eloquent propnents of the
view that, legally speaking, it's just business as usual
in cyberspace. His 1998 Against Cyberanarchy article
is useful as a corrective to the overheated rhetoric of
Barlow and Gilmore.
Paul Goldstein
(Stanford) produced the succinct Copyright's Highway:
The Law & Lore of Copyright from Gutenberg to the Celestial
Jukebox and superb International Copyright: Principles,
Law & Practice. He's less prominent than Lessig but
increasingly persuasive.
L Trotter Hardy
(William & Mary) has written on jurisdictions, censorship
and e-commerce law.
Bernt Hugenholtz
(Uni of Amsterdam) is a luminary on the EC Legal Advsory
Board.
Peter
Jaszi
(American) co-edited The Construction of Authorship:
Textual Appropriation in Law and Literature.
Lawrence Lessig
(Stanford) is author of influential polemics Code &
Other Laws of Cyberspace and The Future of Ideas,
EFA supporter, one of the major US legal thinkers about
the regulation of cyberspace, content regulation and intellectual
property. In 1985 he smuggled a heart valve - hidden in
his trousers - into the USSR for a dissident. He's located
within the long US tradition of the jeremiad; in his case
warning against the evils of major publishers and other
copyright owners.
Jessica Litman
(Wayne State) is one of the more entertaining US polemicists,
noted for Digital Copyright and on 1996 paper Revising
Copyright Law For The Information Age arguing that
digital technology has made 'reproduction' untenable as
a basis for copyright law. Her site includes a valuable
'New Developments' page.
Eben Moglen,
Free Software Foundation and author of Anarchism Triumphant:
Free Software and the Death of Copyright, is clever,
unconvincing but entertaining.
Milton Mueller,
author of Ruling the Root and Dancing the Quango:
ICANN & the Privatization of International Governance,
is an influential writer about ICANN and the UDRP
Henry Perritt
(Chicago-Kent) is another academic who's dealt with jurisdictions,
intellectual property and content regulation.
David Post
(Temple) is another ICANN critic, noted for important
papers such as Law & Borders: The Rise of Law in Cyberspace,
Pooling Intellectual Capital: Thoughts on Anonymity,
Pseudonymity, & Limited Liability in Cyberspace
and Anarchy, State & the Internet: An Essay on Law-Making
in Cyberspace
Joel Reidenberg
(Fordham) has written about online content regulation,
jurisdictions and privacy, including Yahoo & Democracy
on the Internet and Lex Informatica: The Formulation
of Information Policy Rules through Technology
Sam Ricketson
(Monash) produced what for its time was the definitive
The Berne Convention for the Protection of Literary
& Artistic Works and has written major studies of
Australian intellectual property law.
Pamela Samuelson
(Berkeley) - sometimes dubbed the 'queen of copyright'
- is an EFA Director and author of works such as the 1991
Is Information Property? and The Copyright Grab.
Andrew Shapiro
(Yale) is best-known for The Control Revolution: How
the Internet is Putting Individuals in Charge & Changing
the World We Know but has written narrower papers
such as The 'Principles In Context' Approach To Internet
Policymaking.
Brad
Sherman (Griffith) co-edited Of Authors & Origins
and co-authored The Making of Modern Intellectual Property
Law.
Cass
Sunstein
(Chicago) is author of the pessimistic Republic.com
and several works on jurisprudence.
Peter Swire
(Ohio State) is a former US Chief Counselor for Privacy
and author of some of the more thoughtful US literature
about privacy in the digital environment.
Jonathan Weinberg
(Wayne State) - author of several important studies of
ICANN and internet governance such as An Analysis of
the DNSO's Names Council and the clever (although
unconvincing) Geeks & Greeks.
Jonathan Zittrain
(Harvard) works at the Berkman Center and has produced
incisive comment on censorship, economics and domain administration
such as Evaluating The Costs & Benefits of Taxing Internet
Commerce.
Philip Argy
is one of the commercial Great & Good - president
of the Australian Computer Society, WIPO and auDA panellist,
e-commerce law expert ...
Tim Denton's
site is worth visiting for the perspective on developments
in Canada (and the animals).
institutes
Australian and overseas institutes with a particular focus
on internet law include
Communications
Law Centre,
Sydney and Melbourne
Berkman Center
for Internet Law & Society, Harvard Law School
Center
for Internet & Society (CIS), Stanford Law School
UCLA Online Institute
for Cyberspace Law & Policy
Cyberspace
Law Institute (CLI) in the US
Center for
Law & Computers at Chicago-Kent College of Law
Particular initiatives and advocacy groups are highlighted
later in this guide's page
on infopolitics.
blogs
Blogging, discussed
in detail elsewhere on this site, has proved attractive
to many of the more influential writers about information
law. Blawgs include
Martin
Schwimmer's
perceptive Trademark
blog
Lessig
Blog by US guru Lawrence Lessig
Eugene Volokh
- US academic with a particular interest in free speech
beSpacific
- US law and technology issues
Donna Wentworth's Copyfight
blog at the Berkman Center
GrepLaw
- collective blog at the Berkman Center
LawMeme
- a collective blog at Yale
Nerdlaw.org
- a US blawg
The
Shout by Jennifer Granick at CIS
Weatherall's
Law from Kim Weatherall, University of Sydney
Instapundit
from Glenn Reynolds, University of Tennessee
David Sorkin's Law
blog
Sean Hocking's Australian Legal Eye blog
Australian parliaments
The sites of the Australian Parliaments - essential
for Bills, Hansards and committee reports that aren't
covered in Austlii - are as follows
Federal
NSW
Victoria
Tasmania
South
Australia
Western Australia
Northern
Territory
Queensland
ACT
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