Exam Instructions for the Spring, 2012 Exam

1.  The exam is an open book exam without restrictions. This means you can bring any written materials you wish to the exam whether prepared by you, me or anyone else. This can include commercially prepared materials. Written materials means printed or handwritten materials in hard copy rather than material you have access to that is stored on a laptop or available online.

2.  You MUST bring a copy of the required reading (the equivalent of a casebook) to the exam because I may refer to a case or statute by reference to the page where it appears in the required reading. I have done this on some past exams.

3. You are responsible for all of the assigned readings on the Course Syllabus as reflected in the Course Review (Parts One and Two).

4.  The statutes (and related policies in the case of the UDRP) that you are responsible for on the exam include:

(A) Relevant sections of the Lanham Act (pp. 128-133) including the Federal Trademark Dilution Act (current version) (pp. 129-131), and the Anticybersquatting Consumer Protection Act (ACPA) (pp. 131-133);

(B) Uniform Dispute Resolution Policy of ICANN (UDRP) (pp. 168a-168e); and

(C) Section 230 of the Communications Decency Act (pp. 289-291).

5. In addition to specific statutory sections, you are responsible for the general material we covered on statutory construction. In these cases, we were seeking to determine whether and to what extent a particular statute should be interpreted to apply to the internet.

6.  The major constitutional areas that we examined include the Dormant Commerce Clause, the Due Process Clause (the material on extraterritorial criminal jurisdiction and personal jurisdiction in civil cases), and the First Amendment.

7. In addition to the material on statutory and constitutional law, the assigned material also explored some areas of tort law as applied to the context of the internet.