Law Commons^™

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.

Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow

Law Faculty Scholarship

Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam.

Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares

Duke Law & Technology Review

E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11.

Public Access To Legal Resources On The Internet, Alice M. Mccanless

The Southeastern Librarian

In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.

Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.

Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch

Duke Law & Technology Review

The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems.

21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Ibpp Editor

International Bulletin of Political Psychology

This article comments on public discourse transmitted through Western-financed mass media that attempts to demonize variants of Islam--e.g., that of the Taliban.

The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares

Duke Law & Technology Review

On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes.

The Role Of The Internet In Chinese Foreign And Domestic Affairs, Jean Bowman Leedy

Graduate Program in International Studies Theses & Dissertations

Problem: Rapid dissemination of Internet technology and the free access to information it affords poses a threat to non-democratic states that rely on control of information to maintain power and stability. This is of substantial concern to the Communist regime in The People's Republic of China due to the fact that its repressed population constitutes the fastest growing body of Internet users in the world.

Methods: This paper examines the potential impact of the Internet on Chinese foreign and domestic policy through interpretation of existing literature as it applies to the Internet, interviews with experts studying the emergence of China's …

Magic Treaties: Public Discourse On Ballistic Missile Defense, Ibpp Editor

International Bulletin of Political Psychology

This article explores public discourse on the fate of the 1972 Anti-Ballistic Missile (ABM) Treaty in the context of developing ballistic missile defenses.

Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares

Duke Law & Technology Review

There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it.

Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part I, Ibpp Editor

International Bulletin of Political Psychology

This article comes in two parts - the article and the notes.

Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.

Part II: Notes and bibliography for Part …

Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part Ii, Ibpp Editor

International Bulletin of Political Psychology

This article comes in two parts - the article and the notes.

Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.

Part II: Notes and bibliography for Part …

The Politics Of Changing Sexual Orientation, Ibpp Editor

International Bulletin of Political Psychology

This article identifies cognitions of value that permeate political discourse on the scientific validity of intentionally changing sexual orientation via clinical methods.

Profiling Racial Profiles: Challenges From Political Discourse, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems in evaluating the validity and appropriateness of racial profiles based on reactance with political discourse on such profiles.

The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.

Donna M. Hughes

The trafficking in women and children for sexual exploitation is a global human rights crisis being

perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance

for the sexual exploitation and sexual abuse of women and children.

New communications and information technologies have created a global revolution in

communications, access to information, and media delivery. There are a lot of positive aspects to the

global revolution, but there are also some very negative ones. This report describes the most negative

ones—how communications and information technologies are used to facilitate the trafficking of

women and children for sexual …

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.

Trends. The Psycho-Politics Of Foot In Mouth On Foot In Mouth: Pigs, Sheep, Cows, Politicians On The Animal Farm, Ibpp Editor

International Bulletin of Political Psychology

This article discusses agricultural policy in the United Kingdom regarding foot and mouth disease of cloven-hoofed animals.

Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk

Duke Law & Technology Review

When digital television technology first hit the scene it garnered great excitement, with its promise of movie theater picture and sound on a fraction of the bandwidth of analog. A plan was implemented to transition from the current analog broadcasting system to a digital system effective December 23, 2006. As we reach the half point of this plan, the furor begins to die as the realities of the difficult change sink in.

The Breast Implant Controversy: A Prism For Reform, Benson Yang

RISK: Health, Safety & Environment (1990-2002)

The author argues that regulatory blunders and the litigation explosion pertaining to breast implants highlight defects in U.S. administrative and tort law systems.

An Interview With Michael Froomkin, Kathleen E. Fuller

Duke Law & Technology Review

A. Michael Froomkin is an Administrative Law and Internet Law scholar from the University of Miami School of Law and a vigorous critic of the Internet Corporation for Assigned Names and Numbers (ICANN). He is the author of a controversial new law review article, Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 DUKE L.J. 17 (Oct. 2000), available at http://www.law.duke.edu/journals/dlj/. In his new article, Professor Froomkin argues that ICANN's relationship with the Department of Commerce is illegal. We interviewed Professor Froomkin via e-mail about his new article and about other recent ICANN-related events, …

Icann: The Debate Over Governing The Internet, Kathleen E. Fuller

Duke Law & Technology Review

Since its creation, the Internet Corporation for Assigned Names and Numbers (ICANN) has been the subject of criticism and controversy. ICANN is a private non-profit corporation that operates under contract with the US Department of Commerce. It was created at the request of the government for the purpose of privatizing the Domain Name System (DNS), the addressing system on which the Internet depends. The creation of ICANN in 1998--what some have called cyberspace's own "constitutional moment" -- represented a substantial shift in power to control the Internet from government to private industry. Today, ICANN is facing a virtual revolt. Domain …

Absolutely Prefabulous, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …

The Image Of Paul Robeson:Role Model For The Student And Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Troxel And The Rhetoric Of Associational Respect, David J. Herring

Articles

A recent decision by the United States Supreme Court has brought into sharp focus important questions about the nature and extent of parents' prerogatives to dictate how their children are raised. In the case of Troxel v. Granville, the Court addressed a Washington third-party visitation statute that permitted "any person" to petition for visitation with a child. Under the statute, a petitioner had to allege that visitation would serve the child's best interest. A judge hearing such a petition could order visitation whenever he or she found that such visitation may serve the child's best interest.

The United States …

Copyright, World Music And Indigenous Rights, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

From Napster To Nurture: The Impact Of The Digital Economy On Music Cultures, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Money For Nothing: Behind The Business Of Pop Music, Kembrew Mcleod

Kembrew McLeod

Money for Nothing: Behind the Business of Pop Music. Producer and Director. (49 minutes) Northampton, MA: Media Education Foundation.

Acetone, Kembrew Mcleod

Kembrew McLeod

No abstract provided.