1/15/04
IT 808: Cyberspace Law
The John Marshall Law School
Professor David E. Sorkin
Spring 2004
SYLLABUS
Overview
This seminar addresses the wide range of legal problems related to the Internet. Seminar participants are expected to read the assigned materials before each class, participate actively in class, prepare and deliver an in-class presentation, and write a thesis paper of publishable quality. The course meets on Monday evenings from 6:00 to 9:00 pm, on the dates set forth in the schedule below.
The web site for the seminar is located at www.informationtechnologylaw.com.
Instructor
David E. Sorkin, Associate Professor of Law
Office: 321 South Plymouth Court (CBA Building), room 1607
Telephone: (312) 987-2387
E-mail: david@sork.com (please put "cyberlaw" at the beginning of the subject line)
Office hours: Thursdays 12:00-2:00 pm, and by appointment
Textbook
Patricia L. Bellia, Paul Schiff Berman & David G. Post, Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (West Group 2003) (ISBN 0-314-14412-9).
(Note: The 2003 Supplement to the casebook is available on the seminar web site.)
Course requirements and grading
Regular attendance at and active participation in seminar meetings is required. Since the course is being taught in an interactive seminar format, notes and videotapes are not an adequate substitute for in-person attendance and participation. Students who miss more than two sessions will not be eligible to receive credit for the course. Class participation will constitute 10% of the final course grade.
In-class presentations: Each student will be assigned to discuss a particular case or development during the course. This presentation should explain the significance of the case or development, offer additional information beyond that covered in the assigned readings, and include a critical assessment or substantive recommendations rather than merely descriptive information. The time allocated for these presentations will vary, but likely will be approximately 30 minutes. Students may submit one or more proposed topics for these presentations on or before the second class meeting (February 2). Students will be notified of their assigned topics and presentation dates before the third class meeting (February 9). The grade on the in-class presentation will constitute 20% of the final course grade.
Thesis papers: Each student must write a thesis paper of a style and quality suitable for publication. The length should fall in the range of 2,000 to 4,000 words, not including citations. Students may select a topic of their choice (within the scope of the course), subject to approval by the instructor. The proposed topic and thesis statement should be submitted on or before March 15. The topic for the thesis paper cannot be substantially the same as the topic of the student's in-class presentation.
Thesis papers will be evaluated on three factors: originality and difficulty of the problem; depth and clarity of analysis; and persuasiveness of argument. Proper use of authority is required; citations should be in standard form, and should appear in footnotes, as is customary in academic law reviews. Reference to materials beyond the assigned readings may be required, depending upon the topic, although exhaustiveness of research is not a primary basis on which the papers will be evaluated.
The paper is due at the beginning of class on Monday, April 19. Late papers will be accepted subject to the following grade deductions:
Submitted by 12:00 noon on Thursday, April 22: no late penalty
Up to one week late (April 26, 12:00 pm): deduction of one full letter grade
Up to two weeks late (May 3, 12:00 pm): deduction of two full letter grades
Papers will not be accepted after 12:00 noon on Monday, May 3.
The thesis paper will constitute 70% of the final course grade.
| Semester schedule | ||
| January 26 | Introduction. Read pages 1-21 in the casebook. | |
| February 2 | |
Trespass to chattels. Casebook pp. 22-24, 33-38; supplement pp. 1-18. Consumer confusion and online trademarks. Casebook pp. 40-57. Domain names and search tools. Casebook pp. 312-332. |
| February 9 | Jurisdiction. Casebook pp. 63-64, 83-155. | |
| February 16 | Enforcement and internationalization. Casebook pp. 155-206. | |
| February 23 | Copyright protection. Casebook pp. 269-311. Private regulatory entities. Casebook pp. 356-388. | |
| March 15 | Filtering speech. Casebook pp. 388-390, 408-440, 444-446;
supp. pp. 24-36. | |
| March 22 | Liability of service providers. Casebook pp. 495-548. Anonymity. Casebook pp. 549-564. | |
| March 29 | Access to data. Casebook p. 600; supp. pp. 57-68; casebook pp. 610-622. Online contracts. Casebook pp. 622-623, 632-645. | |
| April 12 April 19 |
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Continue discussion of above topics, recent developments, and thesis papers. |
| April 26 | |
Reserved for possible make-up class. |