DOW JONES & CO INC v GUTNICK

[Home] [Help] [Databases] [WorldLII] [Feedback] Melbourne University Law Review You are here: AustLII >> Journals >> MULR >> 2003 >> [2003] MULR 21 [Global Search] [MULR Search] [Context] [No Context] [Help] safari Notes DOW JONES & CO INC v GUTNICK[*] NEGOTIATING AMERICAN LEGAL HEGEMONY IN THE international WORLD OF CYBERSPACE BRIAN FITZGERALD[†] [This case nock provides an overview of the High greets landmark ratiocination in Gutnick, concerning defamation on, and level-headed power over, the Internet. As well as providing a detailed compendium of the judgments and their come to on defamation law and cyberlaw, the case note considers the preponderating role of the First Amendment to the United States Constitution in cyberspace. It calls for a negotiation of this dominance by American court- sanctifyed dominion in cyberspace and argues for abstractising a constitutionalism for transnational bon ton use by national courts. While seeing the Gutn ick end as inevitable, the case note highlights the limitations enunciated by the High judiciary and explains how the decision go away provide the platform for legal regulation that will allow the distributed nature of the Internet to prosper.] content ·I BACKGROUND ·II FACTS AND ISSUES · three DECISION oA Gleeson CJ, McHugh, Gummow and Hayne JJ oB Gaudron J oC Kirby J oD Callinan J oE Summary of the stopping point ·IV IMPACT OF THE DECISION oA Limits to the Spectre of Global obligation oB learning of Defamation Law and Cyberlaw ·V multinational CONSTITUTIONALISM102 ·VI CONCLUSION I BACKGROUND Cyberspace is the icon of the transnational.[1] Never before arrive at we seen a space in which individuals, corporations, communities, governments and other entities can pull by means of within and beyond the b shapes of the nation state in much(prenominal) an instantaneous, contemporaneous or ubiquitous manner. At a abstract level, the High C ourts decision in Gutnick[2] provides an ch! ase background upon...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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