Law Commons^™

Loving: Who Can The Irs Regulate?, Robert D. Probasco

Robert Probasco

Resolving Public Records Disputes In Wisconsin: The Role Of The Attorney General's Office, Jonathan Anderson

Theses and Dissertations

This study investigates how the Wisconsin attorney general reviews and sometimes intervenes in access disputes over the state's public records law. The study posed three primary questions: How do the attorney general's administrative review mechanisms operate in practice? To what extent are the mechanisms effective at resolving disclosure disputes? And do the mechanisms help people unable to hire a lawyer to litigate? The study analyzed correspondence in 304 cases over six years to generate data on the quantity and nature of the attorney general's caseload in that time period. The study also interviewed 17 requesters to understand their disputes, their …

Native American Empowerment Through Digital Repatriation, Michelle L. Fitch

Electronic Theses and Dissertations

Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By …

Platform Selection And Strategic Alignment – Fall 2013 Symposium Presentation, Roger Skalbeck

Georgetown Law Faculty Publications and Other Works

Whether providing services or resources, every library is faced with questions of selecting the right resource for the right reason. You need a website, a process for updating content, a way to manage operations, and a system for responding to constant change. Increasingly, new service opportunities are found in cloud and virtual platforms. This presentation looks at opportunities in selecting the right tools for the right job. The presentation will explore some unique aspects of law libraries and legal subject content many libraries rely on, including the strategic value of content from law libraries in metropolitan areas.

Ehearsay, Jeffrey Bellin

Faculty Publications

No abstract provided.

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …

A Priliminary Critique Of Draft Media Laws With Special Reference To The Kica Bill 2013, Muiru Ngugi

Charles Muiru Ngugi

The Constitution of Kenya 2010 gives priority to the enactment of statutes relating to media law. These new laws are expected to be aligned to the very progressive provisions on free expression, media freedom as well as data protection and freedom of information. I have quickly perused through the recently published Kenya Information and Communications Authority (KICA) and Media Council of Kenya (MCK) Bills, and proffer my initial reaction.

Political Culture, Policy Liberalism, And The Strength Of Journalist's Privilege In The States, Casey James-Michael Carmody

Theses and Dissertations

This study examined the relationships between the strength of states' journalist's privileges and state characteristics. The state characteristics included political culture and policy liberalism. The study created an index to identify and score several important components of journalist's privilege in each state. The various components included the legal source of the privilege, when journalists could use the privilege, what types of information the privilege protected, and who could invoke the privilege. The study then used statistical tests to test the relationships between state characteristics and privilege strength. The results indicated that policy liberalism was a significant predictor of a state's …

The Taxation Of Cloud Computing And Digital Content, David Shakow

All Faculty Scholarship

“Cloud computing” raises important and difficult questions in state tax law, and for Federal taxes, particularly in the foreign tax area. As cloud computing solutions are adopted by businesses, items we view as tangible are transformed into digital products. In this article, I will describe the problems cloud computing poses for tax systems. I will show how current law is applied to cloud computing and will identify the difficulties current approaches face as they are applied to this developing technology.

My primary interest is how Federal tax law applies to cloud computing, particularly as the new technology affects international transactions. …

Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida

Publications and Research

On November 6, 2000, President Bill Clinton signed his final executive order on

Consultation and Coordination with Tribal Governments. It was his last attempt to establish meaningful consultation processes with American Indians in the development of federal environmental policies. Based on ongoing environmental issues between the two cultures and the rising concern for environmental justice, the United States government wanted to identify the necessary improvements in communication and coordination among tribal and federal environmental programs, specifically regarding issues of information exchange, and creating partnerships among stakeholders. An analysis of the executive order, and a case study of the U.S. …

The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D.

Michael I Niman Ph.D.

It reads like a political thriller. An NSA spook, Edward Snowden, meets his conscience, blows the whistle on a massive secret attack on the Fourth Amendment, and is pursued globally by an obsessed president. Spice things up with a bit of character development cross-pollinated with a history lesson. First there’s Darth President. His administration has earned the distinction of invoking the Espionage Act of 1917 (a constitutionally questionable World War One relic) more than all other presidents in the previous 96 years combined—by a factor of two. The Obama administration has charged eight people under the act. All previous administrations …

Fippa Requests : A How-To Workshop, Lisa Di Valentino

FIMS Presentations

Ontario's Freedom of Information and Protection of Privacy Act regulates information privacy and access to information in the public sector. It applies to information held by the provincial government and its agencies, including colleges and universities. Provincial institutions must delegate an officer to handle such requests, and deal directly with the individual who is seeking access. Appeals of the institution's decision are handled by the Ontario Information and Privacy Commissioner. This workshop will cover the process of filing a formal information request, tips for ensuring that you obtain relevant
records, and how to challenge an institution's decision to withhold information.

Elm In The Courtroom: Application To Trial Juries, Natalie Claire Hopkins

Communication Studies

No abstract provided.

Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn

Virginia Rowthorn

No abstract provided.

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

No abstract provided.

To Internet Or Not To Internet: Ethics Opinions On Internet Usage, Sharon Bradley

Continuing Legal Education Presentations

Considers the ethical implications of using email to communicate with clients, using cloud storage for legal files, and tracking people related to a case via the Internet . Highlights recent state bar ethics committee decisions.

Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino

FIMS Presentations

Access Copyright is a collective organization representing the
copyright interests of publishers and creators. The collective offers
copyright licences that allow certain limited uses of works in the
collective's repertoire. The use of collective licences as part of
copyright management policy was common in post-secondary education
administration until 2010, when many universities opted out of a
contractual relationship with Access Copyright.

The growing movement towards online open access publishing and
Creative Commons public licensing has made information more widely
available without requiring payment and with fewer restrictions on
use. The addition of education to the list of fair dealing purposes …

Jewerl Maxwell Announces Book Publication, Andrea Speros

News Releases

Jewerl Maxwell, Ph.D., associate dean of the center for lifelong learning and assistant professor of political science at Cedarville University, co-authored “Tough Times for the President: Political Adversity and the Sources of Executive Power” with professor, author and presidency scholar Ryan J. Barilleaux.

Online Copyright Protection And Innovation International Experiences And Implications To China, Dexin Tian, Chin-Chung Chao

Communication Faculty Publications

Purpose – This study aims to explore the policy-making mechanism of the Organisation for Economic Co-operation and Development (OECD) on innovation and the US practice in identifying policies on online copyright protection and innovation. The research findings provide valuable implications for emerging economies like China.

Design/methodology/approach – For data collection, this study adopted field observation of online interactions. Guided by the democratic paradigm of the civil society, state, and market and the theory of the government’s roles as a broker, advocator, and facilitator, thematic analysis was applied to analyze the 150 purposively selected comments of US internet stakeholders for emerging …

Marketing And Outreach In Law Libraries: A White Paper, All-Sis Task Force On Library Marketing And Outreach, Amanda Runyon, Carol A. Watson, L. Cindy Dabney, Liz Mccurry Johnson, Emily Lawson, Shira Megerman, Jamie Sommer, T. J. Striepe, Michele Thomas

Librarian Scholarship at Penn Law

In recent years, libraries have turned to marketing and outreach to better educate library users about services and resources while gaining an understanding of their needs. Marketing and outreach are relatively new concepts in academic law libraries, and librarians tasked with these functions have found resources and examples of this type of work to be lacking. Though focused on academic law libraries, the article identifies the challenges facing all law libraries, explains why libraries need marketing and outreach plans, and provides examples of marketing and outreach successes.

Tattoos & Ip Norms, Aaron K. Perzanowski

Aaron K. Perzanowski

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …

The Development Of The Rapport Scales For Investigative Interviews And Interrogations, Misty Christina Duke

Open Access Theses & Dissertations

The purpose of this study was to develop the Rapport Scales for Investigative Interviews and Interrogations (RS3i), a measure of rapport for use in the context of investigative interviews and interrogations. Eighty "source" participants were interviewed by 80 "interview" participants. Each source rated the interview using the Prototype RS3i-Source Version. Observer participants each viewed and rated two interviews. Exploratory analyses were done on 374 observer ratings of 20 interviews to explore the factor structure of the items and develop the final scales. The final version of the RS3i contained 32 items comprising 8 rapport scales and one Commitment to Communication …

Maintaining The Master International Frequency Register, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present paper is the written elaboration of a presentation held under the same title at the workshop “International Regulations of Space Communications” held in Luxembourg on 24 and 25 May 2012. Consequently, the topic of this paper, the maintenance of the Master International Frequency Register as a key tool for allowing satellite communications to be a viable international sector of space activities, is viewed through the looking glass of the session title, “WRC-12 from the Perspective of International Telecommunications Law.”

In other words, it does not purport to deal with the actual details of maintaining the Register …

The Internet, Anonymous, And Our Public Identities Recreating Democracy, Leslie Anne Hutchinson

Theses Digitization Project

This study discusses the pursuit of understanding how the discursive construction of the internet affects individuals, identities, and democracy. it also discusses the internet within theoretical positions on its history, the public sphere, and revolutionary politics. Western governments have created legislation regulating the internet for democratic purposes, and this study examines how different and often contrasting views of democracy have shaped the way those of us connected to the internet can speak about it. The Anonymous identity, articulates one such contrast. Anonymous constructs an alternative, Internet identity-one stemming from the identity of the hacker. Policies targeted at stopping hackers and …

Cheap, Easy, Or Connected: The Conditions For Creating Group Coordination, Mathew D. Mccubbins, Daniel Rodriguez, Nicholas Weller

Faculty Scholarship

In both legal and political settings there has been a push toward adopting institutions that encourage consensus. The key feature of these institutions is that they bring interested parties together to communicate with each other. Existing research about the success or failure of particular institutions is ambiguous. Therefore, we turn our attention to understanding the general conditions when consensus is achievable, and we test experimentally three crucial factors that affect a group's ability to achieve consensus: (1) the difficulty of the problem, (2) the costs of communication, and (3) the structure of communication. Using multiple experimental approaches, we find that …

Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford

Research outputs 2013

Every bullet that kills a journalist in a warzone adds passion and urgency to calls for “something” to be done to better protect frontline media workers. International humanitarian law (the body of law that includes the Geneva Conventions) offers some avenues for legal redress, but problems with compliance and policing have contributed to a sense of impunity among perpetrators of these crimes. Consequently, calls for additional laws have reemerged. This article analyzes the current legal protections, examines a proposed new international convention, and discusses obstacles to ending impunity. It also analyzes whether a new convention would be a useful addition …

“I Took Up The Case Of The Stranger”: Arguments From Faith, History And Law, David H. Michels, David Blaikie

Articles, Book Chapters, & Popular Press

It may seem surprising that faith groups would offer sanctuary to refused refugees, or material support to undocumented migrants. These acts of resistance and compassion require normally law-abiding moral people to make a conscious choice to defy government and perhaps, if necessary, even break the law. The success of sanctuary movements (defined broadly here) relies on broad public support both to attract willing collaborators, and to forestall government intervention. Previous studies have examined the discourse around sanctuary practice, and the ensuing public debates. This chapter adds to this body of work by offering an empirical study of how individuals and …

Four Candidates, Two-Horse Race?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor of Law and NMP Eugene Tan said that much is at stake for the four political parties contesting the Punggol East by-election. Regardless of how the parties seek to characterise the by-election, it will be fought on both local and national issues. Although it is a four-cornered contest, the race will effectively be a two-horse race between the Workers' Party (WP) and the incumbent People's Action Party (PAP). The by-election is also a way station for PAP and WP as they move towards the next General Election, which promises to be the real watershed election. Assistant Prof …

Is There A Role For Common Carriage In An Internet-Based World?, Christopher S. Yoo

All Faculty Scholarship

During the course of the network neutrality debate, advocates have proposed extending common carriage regulation to broadband Internet access services. Others have endorsed extending common carriage to a wide range of other Internet-based services, including search engines, cloud computing, Apple devices, online maps, and social networks. All too often, however, those who focus exclusively on the Internet era pay too little attention to the lessons of the legacy of regulated industries, which has long struggled to develop a coherent rationale for determining which industries should be subject to common carriage. Of the four rationales for determining the scope of common …

Changing Minds: The Work Of Mediators And Empirical Studies Of Persuasion, James H. Stark, Douglas N. Frenkel

All Faculty Scholarship

The use of mediation has grown exponentially in recent years in courts, agencies, and community settings. Yet the field of mediation still operates to a considerable extent on folklore and opinion, rather than reliable knowledge. Mediator attempts at persuasion are pervasive in a wide variety of mediation contexts, yet “persuasion” is, for some, a pejorative word and a contested norm in the field. Perhaps as a result, there has been little, if any, evidence-based writing about what kinds of persuasive appeals might be effective in mediation, how they might operate, and how they might be experienced by disputants. In an …