Carpe demonstratores: towards a bright-line rule governing seizure in excessive force claims brought by demonstrators

Article Abstract:

Victims of excessive force by the police who can assert their rights under the search and seizure clause of the Constitution's 4th Amendment can subject the police to a review of reasonableness. However, most demonstrators in this situation may only assert due process rights against excessive police force, which makes the standard of legality less stringent. In order to be more effectively protected, demonstrators should be able to respond to excessive force with 4th Amendment suits.

Searches and seizures, Demonstrations, Violence (Law), Force (Law)

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Goldwasser, the Telecom Act, and reflections on antitrust remedies

Article Abstract:

In the case of Goldwasser v. Ameritech, the US Court of Appeals for the 7th Circuit declared that plaintiffs should not be able to sue telecommunications companies for violating antitrust laws when the companies actually violated the Telecommuncations Act of 1996, unless a true violation of the antitrust laws has taken place. Despite this ruling, courts still must assess the validity of antitrust actions brought before them as a result of violations of the Telecom Act.

COMMUNICATION, Communications, Broadcasting and Telecommunications, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Antitrust Law, Telecommunications services industry, Telecommunications industry, Remedies, Antitrust issue

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The Internet, innovation, and intellectual property policy

Article Abstract:

Intellectual property law and policy should support the presence of competition in the manufacture and marketing of Internet applications and standards. When one company's product becomes dominant in a certain niche, intellectual property policy should respond by loosing protection so as to restore the competitive balance. This can be done by cooperation between government and standard-setting bodies and by new conceptions of fair use.

Patents & copyrights, Information Systems & Theory, Competition (Economics), Economic aspects, Internet, Information technology, Intellectual property, Fair use (Copyright), Fair use (Copyright law)

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