Settlement of the New World called for a fundamental re-examination of the nature of sovereignty and statehood. Reconciling the paradoxical notion that the state is somehow both an agent of the people, and a sovereign possessing final and unappealable power, was a central pre-occupation of...

The distinction between anonymous and pseudonymous communications is a subtle one, depending both on message context, traceability, and the state of both the law and the relevant technology regarding identification. They serve very different purposes within the matrix of social communication....

How should the views of individual judges on an appellate panel be combined to reach a decision in any particular case. Oddly enough, there has been comparatively little attention paid to this very fundamental question, notwithstanding the fact that there are (at least) two very different...

Who will make and enforce the rules of 'cyberspace'? In this paper, I look at the question by positing various 'controllers,' or points from which rules can issue, ranging from the technical protocols defining the inter-network at one end of the spectrum to Congressional statutes on the other....

What is the source of those law(s) that will govern our interactions in cyberspace? What body of rules will participants in cyberspace transactions consult to determine their substantive obligations and who is to make those rules? This paper sketches out two alternative models for the way in...

When is the developer or distributor of a copying technology legally responsible for the copyright infringements committed by users of that technology? Over the past twenty years or so, development and deployment of digital copying technologies (personal computers, CD and DVD burners, iPods and...

Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries. While these electronic communications play havoc with geographic boundaries, a new...