H Brian Holland, of Barry University School of Law, has published an article entitled 'The Failure of the Rule of Law in Cyberspace? Reorienting the Normative Debate on Borders and Territorial Sovereignty' (2005) John Marshall Journal of Computer & Information Law [Forthcoming]:

The ultimate goal of this article is to suggest a different perspective on the issue of extraterritorial regulation in cyberspace. ... I begin ... by outlining the normative debate on the governance of cyberspace, borders and territorial sovereignty, focusing on the Johnson-Post-Goldsmith debate. I then seek to identify weaknesses in this approach. ... [T]he central question is whether the governance of cyberspace by traditional sovereign legal systems conforms to the rule of law. ... Is conformity to the rule of law a prerequisite of authority or simply one value among many, to be weighed against other values served by law and promoted, but without such exaggerated importance that it devalues other laudable social goals?

Originally by Legal Theory Blog, 4:28 PM

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