Place and cyberspace
The metaphor of cyberspace as a "place" is leading to the extension of property rights to the Internet, with negative consequences. The metaphor is a weak one, and should not necessarily govern the making of Internet law. Even if the metaphor is accepted, it need not result in the dividing of cyberspace into property interests.
Publication Name: California Law Review
Pause before you settle: ethics rules may not allow lawyers to forgo future suits
It is a violation of legal ethics for lawyers to agree, as part of a settlement, to retrict their practice on behalf of future clients. Technically, lawyers can agree not to "use" information disclosed in a suit in future suits. However, in effect this is often a violation of the of the rule against restricting future practice.
Publication Name: ABA Journal