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This Page contains, or has links to, several of Professor Ray's publications. Feel free to browse them and, if you wish, to print or download them. Check back often for new publications that may be of interest to you. Monthly Columns For a couple of years I was the author of the "Recent Decisions of Interest" column that appeared in The E-Commerce Law Journal. Alas, the Journal went the route of so many things e-commerce (in other words, it is no more), but some of the columns I wrote appear below. If At First You Do Succeed: Copyright and the World Wide Web A brief synopsis of the Napster and Reimerdes cases. Napster, of course, is the case that brought an end to free music file sharing (some might call it stealing) on the Internet. Reimerdes involved the posting of DVD decryption code on the Internet, a practice that the video industry sought to enjoin. If At First You Don't Succeed: Congress and Pornography on the Internet As successful as the music and movie industries have been at protecting copyrighted information in the age of the Internet, Congress has been equally unsuccessful in writing "Internet decency" statutes to protect youngsters from Internet porn. This column chronicles the fates of the Communications Decency Act and the Child Online Protection Act. Both were intended to curb Internet or Web-based pornography; both met unfriendly receptions in the courts. Contracts by Mouseclick: Are "Clickwrap" Agreements Enforceable? By now, most everyone has bought, downloaded, or registered something via the Internet. As part of the process you probably had to agree to certain terms and conditions by clicking a button that said "I Accept" or "I Agree". Yes, these are contracts. And yes, courts will enforce them just as they will any other contracts. The DMCA is federal legislation designed to protect copyrighted materials that are stored or transmitted in electronic form. The Act grants a limited "safe-harbor" to Internet service providers who do not have notice that materials they post or link to are copyrighted. This column summarizes a case that construed the DMCA's notice provision and concluded that "substantial notice" by a copyright owner to an ISP can defeat the safe harbor protection. Government Web Sites and the First Amendment Is a government-owned Web site a public forum like the town square or the courthouse steps, where all must be allowed to speak freely? Or can the governing entity limit linking privileges to its site? Commerce Clause Challenges to Laws Regulating Internet Retailing It was only a matter of time before e-commerce issues came face-to-face with the Commerce Clause. In this column, two cases presenting Commerce Clause challenges to state regulatory schemes are reviewed. In the first, an out-of-state tobacco retailer successfully challenged a New York law regulating tobacco sales. In the second, Ford Motor Company unsuccessfully challenged a Texas law that prohibited auto manufacturers from also being auto dealers. The cases highlight very different approaches to Commerce Clause jurisprudence. Anti-Spamming Law Does Not Violate Dormant Commerce Clause A mass e-mailer sought to have a Washington-state "anti-spamming" statute declared unconstitutional under the Commerce Clause. The Washington Supreme Court upheld the statute. No Copyright Privilege for Publisher Licensing Freelance Articles to Electronic Database This column reviews the Supreme Court's 2001 New York Times v. Tasini decision. Publishers claimed that they enjoyed a privilege under the Copyright Act to license freelance articles to various electronic databases and publishers. Justice Ginsberg, writing for the majority, disagreed. The decision appears to be a significant win for freelancers, but appearances can be deceiving. The City of Tampa invoked a zoning ordinance to shut down the operations of an adult-oriented Web site that originated from a private residence. The Eleventh Circuit ruled that the zoning ordinance was inapplicable. Articles Regulating Legal Assistant Practice: A Proposal That Offers Something for Everyone This article proposes a legal assistant registration model that incorporates existing attorney supervision and responsibility mechanisms. Registered legal assistants would be granted a limited exemption from unauthorized practice of law rules. The article explores the most significant policy interests involved and concludes that the proposal has something to offer all concerned. Marketing Legal Assistants as a Cost-Efficient Alternative to Associates Everyone knows that legal assistants cost less than associates. But law firms make more money from their associates than they do from legal assistants. Or so they think. This article, based upon a booklet I wrote, explains that legal assistants are actually more cost efficient than associates. To put it in financial language, a law firm can generate a higher return on its legal assistant investment than it can on its associate investment. Booklets and Books Getting Into (and Succeeding In) Law School: An Undergraduate Guide (2001) This popular book tells you what most law schools really look at when deciding who gets in and who doesn't. Unless you're looking at a "top tier" law school, in most instances it comes down to a simple mathematical equation. The book also contains handy appendices with information about the LSAT and the LSDAS, law school Web sites, and other reference materials. Updated information is available from my EMU Homepage. Finding Balance: Utilizing Legal Assistants to Maximize Your Firm's Efficiency and Profitability (.exe format) (zipped) (.pdf format) This booklet contains a brief overview of legal assistants, what they can do, and how they are educated. It describes a model that can be used to compare the cost-efficiency of associates and legal assistants. It also includes legal assistant utilization guidelines and a sample litigation legal assistant utilization model. ©2002, 2001 Daniel R. Ray, J.D. |
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