The Internet epitomizes globalisation. There are not many international treaties on Internet issues so far. For the time being, governance of the Internet by law will thus basically have to be governance by national law. Most cyber scholars are therefore in the business of exploring alternative...

The Internet globalizes the world. National regulatory autonomy shrinks. Transferring data from one country to another is almost costless. Foreign content is just a click away. Why is it that states have been able to re-install co-existence in some policy areas, and not in others? In data...

The German constitution stands out for the exceptionally powerful position of the Constitutional Court. Any governmental intervention into freedom, and any unequal treatment, are constitutional issues. And any inhabitant can attack any administrative act, and any piece of legislation, in the...

Deserves property protection? Some feel it is up to the legislator to decide. Others feel that this is none of the law's business. Both extreme positions overstate their cases. Property is an institution. Like any institution, it must be useful for a socially defined purpose. And it must do a...

In some industries, monopoly is natural. One provider can serve the relevant demand cheaper than two or more firms. If the monopoly is not contestable, i.e. not controlled by a credible threat of entry, regulation is necessary. The essential facilities doctrine is one such regulatory tool. It...

Globalisation can mean one of four things: a considerable degree of regulatory competition; a geographically relevant market transgressing national and regional borders; the transfer of significant regulatory power to supranational entities; the public perception that nation states have lost a...

Opportunities and risks are twins. There are few to deny the opportunities of global networks in general and of the Internet in particular. But many fear for the concomitant risks, or what they perceive as a risk. Racists speech, pornography and personality profiling rank highest in public...

In the social sciences and in the law, currently governance is the dominant perspective. Institutions are interpreted as governance tools. This view is helpful, but overly narrow. This paper adds conflict, and conflict management, to the picture. It provides a systematic overview of conceptual...

The human mind is not a general problem solving machine. Instead of deliberately, consciously and serially processing the available information, men can rely on routines, rules, roles or affect for the purpose. They can bring in technology, experts or groups. For all of these reasons, men have a...

Legal research is a repeat offender - in the best sense of the term - when it comes to making use of empirical and experimental methods borrowed from other disciplines. We anticipate that the field's response to developments in eye-tracking research will be no different. Our aim is to aid legal...