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All posts in GENERAL LAW

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E E-BOOKS E-books are books in electronic form: large text files, sometimes with included images, that can be read on computers, dedicated e-book readers, or mobile devices. Because e-books are original works fixed in a tangible medium of expression, they are subject to copyright protection; because they are digitally recorded . . . Read more

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B BACKUP COPIES It is not clear whether consumers of a copyrighted work have the right to make at least one backup or archival copy of the work, so that they will still have access to the work if the original is damaged or destroyed. One view is that such . . . Read more

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C CABLE Broadband Internet access can be provided to homes and businesses over special lines dedicated to the purpose, or more cheaply over existing telephone or cable television lines, or wirelessly via cell phone or satellite networks. For home users, the cost of a dedicated broadband line other than a . . . Read more

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G GAMBLING Among the most popular and controversial Internet businesses is gambling. Gambling is illegal or restricted in most of the United States, but there is little to stop individual users from sitting at home and gambling. In 2009, the value of the Internet gambling industry was estimated at $25.8 . . . Read more

First Amendment: Freedom of Religion

Chapter 15 First Amendment: Freedom of Religion Many provisions of the Bill of Rights respond to colonial experience with abuses of power under British authority. Attention to religious freedom reflects an appreciation of the historical reality that colonization in large part was driven by persons seeking to escape religious persecution. . . . Read more

Fourteenth Amendment: Right of Privacy/Liberty Interests

Chapter 22 Fourteenth Amendment: Right of Privacy/Liberty Interests Judicial supremacy in interpreting the Constitution was established two centuries ago in the benchmark case of Marbury v. Madison (1803). Although the Court had power to review the output of the political branches, it did not define boundaries on what limits the . . . Read more

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Chapter 15 First Amendment: Freedom of Religion Many provisions of the Bill of Rights respond to colonial experience with abuses of power under British authority. Attention to religious freedom reflects an appreciation of the historical reality that colonization in large part was driven by persons seeking to escape religious persecution. . . . Read more

First Amendment: Freedom of the Press

Chapter 14 First Amendment: Freedom of the Press Freedom of the press in the United States emerged against a centuries-old backdrop of official suppression. Introduction of the printing press in the fifteenth century presented a threat to established political and religious orders accustomed to controlling the stream of information. Responding . . . Read more

Fourth Amendment: Search and Seizure

Chapter 17 Fourth Amendment: Search and Seizure The Fourth Amendment, like many other provisions of the Bill of Rights, emerged in response to colonial experiences with the abusive police practices. Under English rule, the King’s agents were empowered to search dwellings and other places on the basis of mere suspicion . . . Read more