This paper offers a general exploration of the federalist legal toolbox, as currently and potentially applicable to the Web. The paper begins with overviews of the nature of the Web, international law, the federalist system, and non-governmental sources of regulation. Against this backdrop, the paper examines the recent U.S. Supreme Court ruling on the constitutionality of the Child Pornography Prevention Act (CPPA), an act that demonstrates both successes and failures in applying federal law to the Web. Finally, the paper offers suggestions regarding which source of law—international, federal, state, or non-governmental—is best suited to addressing particular legal issues regarding the Web.
University of New Mexico School of Law
Lane, Thomas A.. "Of Hammers and Saws: The Toolbox of Federalism and Sources of Law for the Web." (2003). http://digitalrepository.unm.edu/law_studentscholarship/35