Cyberspace Law: Cases and Materials, Edition 4

Wolters Kluwer Law & Business
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Written by the Director for the newly created Center for Cyberspace Law & Policy at Case Western Reserve University, the Fourth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law, and is the only one that presents it as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. Of note is the casebook?s organization, which allows instructors to adapt the materials to their approaches.ÿ

Features:

The Supreme Court?s recent decisions in J. McIntyre v Nicastro (jurisdiction), Brown v Entertainment Merchants (video games), ABC v Aereo (copyright), Bilski v Kappos (business method patents), and Riley v California (Smart phone privacy) Lower court cases including: Authors Guild v Google (Google books fair use), Lenz v Universal Music (DMCA notice), Fraley v Facebook (Misappropriation), and Verizon v FCC (net neutrality) Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge
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Additional Information

Publisher
Wolters Kluwer Law & Business
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Published on
Sep 27, 2016
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Pages
840
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ISBN
9781454880004
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Language
English
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Genres
Law / Computer & Internet
Law / Legal Education
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Content Protection
This content is DRM protected.
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Available on Android devices
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Professors Fischl and Paul explain law school exams in ways no one
has before, all with an eye toward improving the reader’s performance.
The book begins by describing the difference between educational
cultures that praise students for “right answers,” and the law school
culture that rewards nuanced analysis of ambiguous situations in which
more than one approach may be correct. Enormous care is devoted to
explaining precisely how and why legal analysis frequently produces such
perplexing situations.


But the authors don’t stop with mere description. Instead, Getting to Maybe
teaches how to excel on law school exams by showing the reader how
legal analysis can be brought to bear on examination problems. The book
contains hints on studying and preparation that go well beyond
conventional advice. The authors also illustrate how to argue both sides
of a legal issue without appearing wishy-washy or indecisive. Above
all, the book explains why exam questions may generate feelings of
uncertainty or doubt about correct legal outcomes and how the student
can turn these feelings to his or her advantage.


In sum, although the authors believe that no exam guide can
substitute for a firm grasp of substantive material, readers who devote
the necessary time to learning the law will find this book an invaluable
guide to translating learning into better exam performance.


“This book should revolutionize the ordeal of studying for
law school exams… Its clear, insightful, fun to read, and right on the
money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School  “Finally
a study aid that takes legal theory seriously… Students who master
these lessons will surely write better exams. More importantly, they
will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If
you can't spot a 'fork in the law' or a 'fork in the facts' in an exam
hypothetical, get this book. If you don’t know how to play 'Czar of the
Universe' on law school exams (or why), get this book. And if you do
want to learn how to think like a lawyer—a good one—get this book. It's,
quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)

Attend a Getting to Maybe seminar! Click here for more information.

One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987.

Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law.

Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are.

In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.

Early adopters of Cyberspace Law: Cases and Materials were particularly pleased by how flexible, coherent, and practical the book is. Now strengthened and scrupulously updated for its Third Edition, this engaging casebook can help your students understand one of the most dynamic areas of law.

Written and structured for maximum effectiveness, the book:
- Can be used successfully in both introductory and advanced courses;
- Uses practical, classroom-tested "real world" problems to help students apply existing rules to cyberspace law;
- Features a flexible, logical organization that allows instructors to emphasize selected perspectives;
- Is designed for currency, with materials organized around competing approaches and theories for any given issue, rather than current leading cases;
- Presents current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge -- the only casebook to address both areas. Offers a balanced presentation of competing approaches and theories for each issue;
- Provides a sophisticated analysis of cutting-edge legal issues through an excellent selection of cases;
- Remains up-to-date with postings of new cases and important developments on the author website.

Look for these important changes in the Third Edition:
- New co-author Jacqueline Lipton, who brings significant teaching and writing experience in the areas of international and comparative law;
- New and updated cases, including: Grokster, ACLU v. Ashcroft, U.S. v. American Library Association, Chamberlain v. Skylink, Lexmark v. Static Control Components, U.S. v. Elcomsoft, 321 Studios v. MGM Studios, Kremen v. Cohen, Blizzard v. Bnet In re Verizon, Bosley v. Kremer, and People for the Ethical Treatment of Animals v. Doughney;
- Treatment of important developments, such as political cybersquatting legislation enacted in some states (for example, California's Political Cyberfraud Abatement Act) and changes to privacy laws enacted following the Patriot Act;
- Greatly expanded international coverage, including new international cases: Sony v. Stevens, Telstra v. Desktop, Gutnick v. Dow Jones;
- Recent Canadian cases on Internet defamation issues;
- Decisions from the European Court of Justice interpreting the database directive in 2004, including the appeal in British Horseracing Board v. William Hill;
- Various developments between French and Californian courts in Yahoo litigation regarding Nazi memorabilia as well as domestic legislation implemented by all E.U. member states which complies with the requirements of the Copyright Directives;
- New section on the failed effort at private self-governance sponsored by ICANN and the scholarship surrounding that effort;
- Jurisdictional materials in the chapter on Regulating Cyberspace are consolidated for easier teaching and learning;
- Updated problems and notes.

When you consider casebooks for your next course, be sure to examine Cyberspace Law: Cases and Materials, Third Edition, the cohesive, realistic, and accessible alternative.

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