Exam Instructions for the Spring,
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);
(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.