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DOW JONES & CO INC v GUTNICK Essay

  • Submitted by: ayu arshad
  • on February 18, 2009
  • Category: Social Issues
  • Length: 11,290 words

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Below is an essay on "DOW JONES & CO INC v GUTNICK" from Anti Essays, your source for research papers, essays, and term paper examples.

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Melbourne University Law Review
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Case Notes
  DOW JONES   & CO INC v GUTNICK[*]
NEGOTIATING ‘AMERICAN LEGAL HEGEMONY’ IN THE TRANSNATIONAL WORLD OF CYBERSPACE
BRIAN FITZGERALD[†]
[This case note provides an overview of the High Court’s landmark decision in Gutnick, concerning defamation on, and jurisdiction over, the Internet. As well as providing a detailed analysis of the judgments and their impact on defamation law and cyberlaw, the case note considers the dominant role of the First Amendment to the United States Constitution in cyberspace. It calls for a negotiation of this dominance by American legal principle in cyberspace and argues for conceptualising a constitutionalism for transnational society implemented by national courts. While seeing the Gutnick decision as inevitable, the case note highlights the limitations enunciated by the High Court and explains how the decision will provide the platform for legal regulation that will allow the distributed nature of the Internet to prosper.]

CONTENTS



· I BACKGROUND
· II FACTS AND ISSUES
· III DECISION
o A Gleeson CJ, McHugh, Gummow and Hayne JJ
o B Gaudron J
o C Kirby J
o D Callinan J
o E Summary of the Decision
· IV IMPACT OF THE DECISION
o A Limits to the ‘Spectre of “Global” Liability’
o B Development of Defamation Law and Cyberlaw
· V TRANSNATIONAL CONSTITUTIONALISM102
· VI CONCLUSION

I BACKGROUND
Cyberspace is the epitome of the ‘transnational’.[1] Never before have we seen a space in which individuals, corporations, communities, governments and other entities can exist within and beyond the borders of the nation state in such an instantaneous, contemporaneous or ubiquitous manner. At a conceptual level, the High Court’s decision in Gutnick[2] provides an interesting background upon...

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"DOW JONES & CO INC v GUTNICK". Anti Essays. 16 Jan. 2018

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DOW JONES & CO INC v GUTNICK. Anti Essays. Retrieved January 16, 2018, from the World Wide Web: http://www.antiessays.com/free-essays/Dow-Jones-Co-34726.html