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Articles 1 - 6 of 6
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#I U: Considering The Context Of Online Threats, Lyrissa Lidsky
#I U: Considering The Context Of Online Threats, Lyrissa Lidsky
Faculty Publications
The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architecturalf eatures ofplatforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. This …
There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz
There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz
Faculty Publications
Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What …
Incendiary Speech And Social Media, Lyrissa Lidsky
Incendiary Speech And Social Media, Lyrissa Lidsky
Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri
Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri
Faculty Publications
The Fair Housing Act makes it illegal to publish discriminatory housing advertisements. This has long been applied to newspapers, which have effectively screened all discriminatory housing ads from sight. However, in 1996 Congress created a loophole when it immunized website operators from liability for the content posted to their sites by third parties. Without publisher liability, websites have no incentive to screen out discriminatory housing ads. The result is that such ads are proliferating in cyberspace.While this situation is problematic from a fair housing standpoint, it presents a valuable opportunity. For the first time in a generation discriminatory housing advertisements …
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky
Faculty Publications
This Article examines the evolution of the law governing libel suits against anonymous “John Doe” defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire and other non-factual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article further demonstrates that state common law exceptions to the employment-at-will doctrine are not providing significant redress to employees fired or otherwise disciplined for blogging.