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| Preface | |
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| About the Author | |
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| Cyber Entrepreneurs, E-Commerce, and the Law | |
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| Overview of CyberLaw and E-Commerce Business Models | |
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| Fundamentals of the Internet | |
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| Background and Brief History of the Internet | |
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| Physical Structure | |
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| Domain Name System | |
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| Accessing the Internet | |
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| ISPs, IAPs, and OSPs | |
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| Connecting to the Internet | |
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| Bandwidth | |
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| Wireless Access | |
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| The Tech Boom and Entrepreneurism | |
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| Bricks-and-Mortar Shift to E-Commerce | |
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| Basic Cyber Entrepreneur and E-Commerce Business Models | |
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| Inherent Risks | |
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| Sources of Law Affecting Cyber Entrepreneurs and E-Commerce Firms | |
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| Statutory Law | |
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| Constitutional Law | |
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| Common Law | |
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| The Modern View | |
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| Global Perspectives in CyberLaw | |
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| Going Online: Formation Issues | |
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| Fundamentals of Selecting the Business Entity | |
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| Personal Liability | |
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| Organizational Expenses | |
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| Management and Control | |
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| Capital and Credit | |
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| Tax Treatment | |
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| Forms of Business Organizations | |
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| Sole Proprietorship | |
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| Partnerships | |
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| Corporations | |
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| Limited Liability Entities | |
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| Joint Ventures: Special Concerns of Cyber Entrepreneurs and E-Commerce Firms | |
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| Corporations as Joint Venture Entities | |
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| Partnerships as Joint Venture Entities | |
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| Limited Liability Companies as Joint Venture Entities | |
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| Contribution of Intellectual Property: Unique Issues for Cyber Entrepreneur Joint Ventures | |
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| Joint Ventures and Intellectual Property Licensing | |
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| Fiduciary Duties of Officers and Directors | |
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| Business Judgment Rule | |
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| Global Perspectives in Cyberlaw: Forms of International Business | |
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| Taxation of Products and Services | |
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| The States and Their Sales and Use Taxes | |
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| Taxation of Mail Order Vendors: A Guideline for Internet Transactions | |
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| Other Nexus Theories | |
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| Challenges in the Taxation of Internet Sales and E-Commerce | |
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| Physical Location | |
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| Regulating Parties and Goods | |
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| Commercial and Noncommercial Internet Transmissions | |
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| The Internet Tax Freedom Act | |
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| Special Taxation Issues Facing Cyber Entrepreneurs and E-Commerce Firms | |
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| Taxation of E-Commerce and Internet Sales | |
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| Internet Access Providers | |
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| Bricks and Clicks: E-Commerce Relationships | |
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| The States' Treatment of Transactions and Electronic Content | |
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| Sales and Use Tax Treatment of Computer Software | |
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| State Income and Franchise Taxes | |
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| Global Issues in Cyberlaw: International Taxation of E-Commerce | |
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| The European Union | |
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| OECD Report | |
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| Foreign Tax Incentives | |
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| Double-Taxation Remedies | |
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| Foreign Tax Credit and Tax Treaties | |
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| Intellectual Property Law | |
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| Patents: Legal Protection of Inventions and Processes | |
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| Viability of a Patent | |
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| Fundamentals of Patent Law | |
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| Novelty | |
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| Nonobviousness | |
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| Patentable Subject Matter | |
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| Modern Trends | |
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| The American Inventors Protection Act | |
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| Types of Patents | |
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| Business Method Patents | |
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| Design Patents | |
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| Plant Patents | |
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| From Idea to Patent | |
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| Party Qualified to File | |
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| The Patent Application and Examination Process | |
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| Patent Infringement | |
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| Literal Infringement | |
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| Equivalence | |
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| File Wrapper Estoppel | |
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| The Public Use Doctrine | |
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| Remedies and Damages | |
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| Actual Damages | |
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| Attorneys' Fees | |
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| Limitations | |
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| Notice | |
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| Infringement Defenses | |
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| Global Issues in CyberLaw: Intellectual Property | |
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| International Patent Law | |
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| Protection of Trade Secrets, Trademarks, and Trade Dress | |
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| Trade Secret Protection | |
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| Legal Protection of Trade Secrets | |
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| Misappropriation | |
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| Economic Espionage Act | |
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| Exclusive Rights | |
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| Trademarks, Service Marks, and Trade Dress | |
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| Business Value of Trademarks | |
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| Protection under the Law | |
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| Trademark Classification | |
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| Acquiring Rights | |
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| Applications and the Patent and Trademark Office | |
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| Preserving Trademark Protection | |
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| Violation of Trademarks | |
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| Trademark Infringement | |
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| Trademark Dilution | |
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| Infringement Defenses | |
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| Remedies | |
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| Trademarks in Cyberspace | |
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| Domain Names, Virtual Kidnapping, and Cybersquatting | |
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| Metatags | |
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| Framing | |
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| Global Perspectives in Cyberlaw | |
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| International Protection of Trademarks | |
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| The Trademark Law Treaty | |
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| Non-TLT Signatories | |
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| The European Union | |
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| Copyrights | |
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| Copyright Law | |
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| Originality and "Sweat of the Brow" | |
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| Evolution of U.S. Copyright Law | |
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| Audio Home Recording Act of 1992 | |
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| Digital Performance Right in Sound Recordings Act of 1995 | |
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| No Electronic Theft Act of 1997 | |
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| Digital Millennium Copyright Act of 1998 | |
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| Copyright Term Extension Act of 1998 and Length of Ownership | |
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| Copyrights and Computer Programs | |
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| Rights of Copyright Owners | |
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| Copyright Protection | |
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| Copyright Infringement | |
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| Direct | |
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| Indirect | |
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| RIAA's Plan B-A Scorched Earth Litigation Strategy at the Individual User Level | |
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| Vicarious Infringement | |
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| Remedies | |
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| Injunctive Relief | |
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| Damages | |
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| Attorney's Fees and Costs | |
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| Criminal Sanctions | |
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| Copyright Infringement Defenses | |
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| Fair Use | |
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| First Sale | |
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| Public Domain | |
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| Global Perspectives in Cyberlaw: The Berne Convention and U.S. Isolationalism | |
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| Legal Issues of Operation, Management, and Windup of E-Commerce Firms | |
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| Litigation and Alternative Methods of Dispute Resolution | |
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| Litigation | |
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| Phases of Litigation | |
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| Prelawsuit | |
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| Pleadings Phase | |
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| Discovery Phase | |
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| Pretrial | |
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| Trial | |
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| Posttrial Motions and Appeals | |
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| Collecting the Judgment | |
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| Alternate Dispute Resolution | |
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| Fundamentals | |
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| Methods of Alternate Dispute Resolution | |
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| Arbitration | |
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| Mediation and Med-Arb | |
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| Expert Evaluation | |
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| Online Dispute Resolution | |
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| Transactions and Relationships | |
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| Online Mediation | |
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| Online Arbitration | |
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| Global Perspectives in Cyberlaw: International Dispute Resolution | |
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| International Arbitration | |
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| International Mediation | |
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| Jurisdiction in and out of Cyberspace | |
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| Jurisdiction | |
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| Source of Law | |
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| Personal Jurisdiction | |
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| Subject Matter | |
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| Exclusive Jurisdiction and Concurrent Jurisdiction | |
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| Venue | |
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| Evolution of Cyber Jurisdiction and E-Commerce | |
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| Other Views: Narrowing Zippo | |
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| Global Perspectives in Cyberlaw: International Jurisdiction and the Internet | |
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| Directive on Electronic Commerce of the European Union | |
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| Contracts, Sales, and E-Commerce Transactions | |
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| Overview of Contract Law | |
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| Sources of Law | |
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| Statutory Sources of Law in the Tech Sector | |
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| Formation of a Contract | |
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| Agreement | |
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| Consideration | |
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| Capacity | |
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| Legality | |
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| Statute of Frauds | |
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| Parol Evidence and Common Law Contracts | |
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| Performance and Conditions | |
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| Breach and Remedies | |
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| Article 2--Contracts for the Sale and Lease of Goods | |
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| Merchants v. Non-Merchants | |
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| Article 2A--Leases | |
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| Forms of Leases | |
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| Offer | |
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| Open Terms | |
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| Acceptance | |
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| Consideration | |
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| Statute of Frauds | |
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| Parol Evidence and the U.C.C. | |
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| Electronic Contracts | |
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| UETA | |
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| UCITA | |
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| Torts, Cyber Torts, and Product Liability | |
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| Torts | |
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| Cyber Torts | |
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| Defamation | |
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| Defenses to Defamation | |
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| Liability of Publishers | |
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| Other Intentional Cyber Torts | |
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| Trespass | |
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| Negligence | |
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| Hypothetical Negligence Case | |
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| Defenses | |
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| Strict Liability for Products in the Technology Sector | |
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| Product Liability and Value-Added Resellers in the Tech Sector | |
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| Raising Capital and Regulation of Securities | |
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| Sources of Capital | |
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| Equity Instruments | |
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| Debt Instruments | |
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| Securities Law | |
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| Security Defined | |
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| Federal Securities Regulation | |
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| The Securities Act of 1933 | |
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| Exemptions from the '33 Act | |
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| The Securities Act of 1934 | |
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| Insider Trading | |
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| State Regulation of Securities: Blue Sky Laws | |
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| Abuses in Litigation: Amendments to the Securities Acts | |
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| Securities Litigation Uniform Standards Act of 1998 | |
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| Technology's Impact on Raising Capital | |
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| Marketing Securities over the Internet | |
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| New Securities and the Internet | |
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| Federal Regulation | |
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| State Regulation | |
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| Public Offerings of Securities on the Web | |
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| A Streaming Road Show | |
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| Online Offerings of Exempt Securities | |
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| Trading on the Secondary Market in Cyberspace | |
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| Antifraud Laws, Cyber Entrepreneurs, and E-Commerce | |
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| Antifraud and the Cyber Entrepreneur | |
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| Antitrust Law and Technology | |
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| Antitrust Statutes | |
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| The Sherman Act: Per Se Violations and the Rule of Reason | |
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| Horizontal Restraints among Competitors | |
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| Price Fixing | |
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| Allocation of Markets or Customers | |
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| Boycotts: Concerted Refusal to Deal | |
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| Trade Associations | |
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| Vertical Restraints | |
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| Monopolization | |
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| The Microsoft Case | |
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| Microsoft on Appeal | |
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| The Clayton Act | |
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| The Robinson-Patman Act | |
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| Bankruptcy, Dissolution, and Windup | |
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| Bankruptcy Law | |
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| Chapter 7: Liquidation | |
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| Steps in a Chapter 7 Proceeding | |
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| Chapter 11: Reorganization | |
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| Steps of a Chapter 11 Proceeding | |
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| Chapter 13: Consumer Adjustment Bankruptcy | |
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| Bankruptcy and E-Commerce | |
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| Dissolution and Windup | |
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| Dissolution as an Alternative to Bankruptcy | |
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| Dissolution of Partnerships | |
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| Dissolution of Corporations | |
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| Windup | |
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| Human Resources and Other Government Regulation | |
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| Hiring, Employee Supervision, and Termination | |
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| Overview of the Employment-At-Will Doctrine | |
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| Implied Employment Contracts | |
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| Public Policy Exception to the Employment-at-Will Doctrine | |
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| Whistle-Blower Protections | |
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| Employee Privacy Rights | |
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| Federal Solutions: Existing Legislation | |
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| The Electronic Communications Privacy Act of 1986 | |
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| Overview of ECPA Title II: Prohibition Against Accessing Stored Electronic Communications | |
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| Exceptions for the Interception of and Access to Electronic Communications | |
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| Disclosure under Title I and Title II | |
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| Damages under the ECPA | |
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| State Statutes | |
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| Employment Discrimination | |
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| Overview of Employment Discrimination Laws | |
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| Theories of Liability under Employment Discrimination Statutes | |
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| Harassment | |
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| Employer Liability for Harassment | |
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| Bona Fide Occupational Qualification (BFOQ) | |
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| Discrimination Concerns and Technology | |
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| E-Mail and Electronic Bulletin Boards | |
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| The Americans with Disabilities Act: Discrimination Against Online Consumers | |
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| Computer Crime, Internet Regulation, and Obscenity | |
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| Crackdowns in Cyberspace | |
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| Regulating E-Mail Solicitations: State Legislation and the CAN-SPAM Act of 2003 | |
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| Computer-Related Crime | |
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| Unauthorized Use | |
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| Denial of Service Attacks | |
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| Virtual Vandalism | |
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| Programs Intended to Cause Damage | |
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| Cyber Stalking | |
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| Computer Crime Statutes | |
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| Computer Fraud and Abuse Act of 1986 (18 U.S.C. [section] 1030) | |
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| Global Perspectives on Cyberlaw: The European Union's Cyber Cops | |
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| Civil Liability and Remedies | |
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| Obscenity | |
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| Overview of the Historical Background of Obscenity Regulation | |
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| Obscenity in Cyberspace | |
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| The Communications Decency Act | |
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| Congressional Response to Reno I: Child Online Protection Act of 1998 | |
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| State Attempts to Regulate Internet Obscenities | |
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| Amendments to the U.S. Constitution | |
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| Federal Trademark Dilution Act | |
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| Uniform Dispute Resolution Policy (UDRP) | |
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| Excerpt from the Digital Millennium Copyright Act (1998) | |
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| Glossary | |
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| Table of Cases | |
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| Index | |