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notes to chapter fifteen

9. See Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality (New York:
Basic Books, 1983).
10. See Charles M. Tiebout, A Pure Theory of Local Expenditures, Journal of Political
Economy 64 (1956): 416; see also Clayton P. Gillette, Local Government Law: Cases and Materials
(Boston: Little, Brown, 1994), 382; Vicki Been, Exit as a Constraint on Land Use Exactions:
Rethinking the Unconstitutional Conditions Doctrine, Columbia Law Review 91 (1991): 473,
51428.
11. See David G. Post, Governing Cyberspace, Wayne Law Review 43 (1996): 155;
David Post, The New Electronic Federalism, American Lawyer (October 1996): 93; David G.
Post, The Unsettled Paradox: The Internet, the State, and the Consent of the Governed,
Indiana Journal of Global Legal Studies 5 (1998): 521, 539; David R. Johnson and Kevin A.
Marks, Mapping Electronic Data Communications onto Existing Legal Metaphors: Should
We Let Our Conscience (and Our Contracts) Be Our Guide?, Villanova Law Review 38
(1993): 487; Johnson and Post, Law and Borders; David G. Post, Anarchy, State, and the
Internet: An Essay on Law-Making in Cyberspace, Journal of Online Law (1995): article 3,
available at link #100.
12. See Phillip E. Areeda et al., Antitrust Law, vol. 2A (Boston: Little, Brown, 1995), 8587.
13. See Post, Anarchy, State, and the Internet, 2930.
14. In the time since Code v1, this point has become much more questionable. The ability
of people playing games to effectively move from one game to another has increased. Here
again, real space and cyberspace are becoming more alike.
15. F. Gregory Lastowka and Dan Hunter, The Laws of Virtual Worlds, California Law
Review 92 (2004): 1, 73.
16. Or at least three of the four regions in the early United States shared this history; see
Fischer, Albions Seed, 82728.
17. Article V of the Constitution states (obscurely no doubt) that provided that no
Amendment which may be made prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article.
These clauses state: (1) The Migration or Importation of such Persons as any of the States
now existing shall think proper to admit, shall not be prohibited by the Congress prior to the
Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such
Importation, not exceeding ten Dollars for each Person; and (4) No Capitation, or other
direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before
directed to be taken.
18. See John F. Kennedy, Profiles in Courage (New York: Harper, 1956), ch. 3.

CHAPTER FIFTEEN

1. The story of the suit is told in Yahoo! Inc. v. La Ligue Contre le Racisme, 433 F.3d 1199
(9th Cir. 2006). See also Jack Goldsmith and Timothy Wu, Who Controls the Internet: Illusions
of a Borderless World; Michael Geist, Is There a There There? Towards Greater Certainty for
Internet Jurisdiction, 16 Berkeley Technology Law Journal 1345 (2001). For criticism of the conflict (and its significance) see Marc H. Greenberg, A Return to Lilliput: The LICRA v. Yahoo!
Case and the Regulation of Online Content in the World Market, Berkeley Technology Law
Journal 18 (2003): 1191.
2. Yahoo! Inc. v. La Ligue Contre le Racisme, 433 F.3d 1199, 1202 (9th Cir. 2006).
3. Ibid., 1223.
4. See France Bans Internet Nazi Auctions, BBC NEWS, May 23, 2000, available at
link #101.