Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
Bare Necessities: The Argument For A “Revenge Porn” Exception In Section 230 Immunity, Allison L. Tungate
Bare Necessities: The Argument For A “Revenge Porn” Exception In Section 230 Immunity, Allison L. Tungate
Allison L Tungate
No abstract provided.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
When Open Government And Academic Freedom Collide, Jonathan Peters
When Open Government And Academic Freedom Collide, Jonathan Peters
Jonathan Peters
Uneasy is the balance between open government and academic freedom. Scholars have argued that using public records laws to obtain their emails is a form of harassment and intimidation. Nonprofits and political parties have argued that the public has a right to know that scholars are following university rules and properly using public resources. Against that backdrop, we have explored whether public records laws apply to faculty members and whether an exemption in those laws for academic freedom would be conceptually sound and consistent with other exemptions for communications and work product.