Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (21)
- Schulich School of Law, Dalhousie University (11)
- University of Maryland Francis King Carey School of Law (9)
- Maurer School of Law: Indiana University (8)
- University of Michigan Law School (8)
-
- Pepperdine University (7)
- University of Richmond (6)
- Northwestern Pritzker School of Law (3)
- Brigham Young University Law School (2)
- Loyola University Chicago, School of Law (2)
- Seattle University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Universitas Indonesia (2)
- University of Florida Levin College of Law (2)
- University of the Pacific (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- New York Law School (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Miami Law School (1)
- University of Oklahoma College of Law (1)
- University of San Diego (1)
- University of Washington School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Internet (11)
- Privacy (6)
- Facebook (5)
- European Union (4)
- Google (4)
-
- Information (4)
- Copyright law (3)
- Cyberlaw (3)
- Twitter (3)
- Websites (3)
- ART (2)
- All Other Telecommunications (2)
- Antitrust (2)
- Assisted Reproductive Technology (2)
- California (2)
- Censorship (2)
- Cloud computing (2)
- Commercialization (2)
- Computers (2)
- Contracts (2)
- Cybersecurity (2)
- Cyberspace (2)
- Data privacy (2)
- Digital Millennium Copyright Act (2)
- EEOC (2)
- ESI (2)
- EU (2)
- Equal Employment Opportunity Commission (2)
- European Commission (2)
- Evidence (2)
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (14)
- Canadian Journal of Law and Technology (11)
- Indiana Law Journal (5)
- Maryland Law Review (5)
- Richmond Journal of Law & Technology (5)
-
- UIC Review of Intellectual Property Law (5)
- Journal of Business & Technology Law (4)
- Journal of the National Association of Administrative Law Judiciary (4)
- Michigan Telecommunications & Technology Law Review (4)
- Northwestern Journal of Technology and Intellectual Property (3)
- Pepperdine Law Review (3)
- Brigham Young University Education and Law Journal (2)
- Florida Law Review (2)
- IP Theory (2)
- Indonesia Law Review (2)
- McGeorge Law Review (2)
- Michigan Law Review (2)
- Public Interest Law Reporter (2)
- Touro Law Review (2)
- UIC Law Review (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- American University Business Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Michigan Journal of International Law (1)
- Michigan Law Review First Impressions (1)
- NYLS Law Review (1)
- Oklahoma Law Review (1)
- Pace Intellectual Property, Sports & Entertainment Law Forum (1)
- Richmond Journal of Global Law & Business (1)
Articles 1 - 30 of 99
Full-Text Articles in Law
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg
Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg
Michigan Telecommunications & Technology Law Review
Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist.
Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain
Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain
Michigan Telecommunications & Technology Law Review
Recent innovations in mobile wireless technology have instigated a debate between two camps of legal scholars about federal administration of the electromagnetic spectrum. The first camp argues that the Federal Communications Commission (“FCC”) should define spectrum use rights more clearly and give spectrum licensees broad property rights in frequencies. The second camp argues that, rather than award exclusive licenses to the highest bidder, the FCC ought to open much, if not most, of the spectrum to unlicensed use by smartphones and tablets equipped with the newest spectrum administration technology. First, this Article shows that both of these camps comprise a …
Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin
Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin
Seattle Journal for Social Justice
No abstract provided.
Misplaced Misrepresentations: Why Misrepresentation-Of-Age Statutes Must Be Reinterpreted As They Apply To Children’S Online Contracts, Michelle A. Sargent
Misplaced Misrepresentations: Why Misrepresentation-Of-Age Statutes Must Be Reinterpreted As They Apply To Children’S Online Contracts, Michelle A. Sargent
Michigan Law Review
The information age revolutionized the relationship between individuals and the internet. Today, children are the targets of online advertisements that lure them into accepting terms of service, thus entering into online agreements. While children may feel comfortable navigating websites, they are psychologically predisposed to be unsophisticated and impulsive actors online. Children lack the digital literacy to understand the implications of accepting website terms of service. Meanwhile, several states have misrepresentation-of-age statutes that prevent children from using the infancy doctrine to disaffirm online contracts because, in accepting the terms of service, children often represent that they are old enough to enter …
Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow
Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow
Touro Law Review
No abstract provided.
Identity Theft On Social Networking Sites: Developing Issues Of Internet Impersonation, Maksim Reznik
Identity Theft On Social Networking Sites: Developing Issues Of Internet Impersonation, Maksim Reznik
Touro Law Review
This Comment focuses on the dangers of social media sites when a person gains access to another's online account through two different methods: (1) stealing the third party's password, or (2) creating a completely fake profile and subsequently impersonating that person.
Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins
Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins
Indiana Law Journal
Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …
Biometric Id Cybersurveillance, Margaret Hum
Biometric Id Cybersurveillance, Margaret Hum
Indiana Law Journal
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
Indiana Law Journal
No abstract provided.
Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver
Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver
University of Miami International and Comparative Law Review
No abstract provided.
Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira
Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
International Cryptography Regulation And The Global Information Economy, Nathan Saper
International Cryptography Regulation And The Global Information Economy, Nathan Saper
Northwestern Journal of Technology and Intellectual Property
With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.
This Note seeks to introduce the reader to the issue of international cryptography regulation …
The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang
The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang
Northwestern Journal of Technology and Intellectual Property
With the growing availability of Internet access across the globe, social media has transformed the traditional relationship between government authority and its citizens by providing the people with an innovative and powerful means to harmonize their efforts in expressing their political and social concerns. The importance of safeguarding Internet availability is more critical than ever before as access to the Internet is now the means by which the world communicates, stays informed, and engages in daily tasks. In the face of potential social unrest fueled by social media, the United States must take a preventative approach, one that matches our …
Do-Not-Track As Default, Joshua A.T. Fairfield
Do-Not-Track As Default, Joshua A.T. Fairfield
Northwestern Journal of Technology and Intellectual Property
Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between consumers and advertisers in the information market. Everything will depend on implementation. The most effective way to allow users to achieve their privacy preferences is to implement Do-Not-Track as a default feature.
The World Wide Web Consortium’s (W3C) standard setting body for Do-Not-Track has, however, endorsed a corrosive standard in its Tracking Preferences Expression (TPE) draft. This standard requires consumers to set their privacy preference by hand. This …
Are Cryptocurrencies Super Tax Havens?, Omri Marian
Are Cryptocurrencies Super Tax Havens?, Omri Marian
Michigan Law Review First Impressions
Virtual currencies are online payment systems that may function as real currencies but are not issued or backed by central governments. As demonstrated by recent events, virtual currencies present regulators with significant challenges. On May 23, 2013, the U.S. federal government brought an indictment against the operators of Liberty Reserve, a popular virtual currency, charging the operators with money laundering and operating an unlicensed money-transmitting business. The same month, the Government Accountability Office ("GAO") made public a report exploring the potential tax-compliance risks associated with virtual currencies and economies. Legislators have also taken particular interest in one type of virtual …
Hybrid Paradigm From European And America Concerning Privacy And Personal Data Protection In Indonesia, Edmon Makarim
Hybrid Paradigm From European And America Concerning Privacy And Personal Data Protection In Indonesia, Edmon Makarim
Indonesia Law Review
In the emerging era of information and technology, the importance of privacy and data protection is growing ever since. However, despite such common concern from the society, there is some confusion about the mechanisms of differentiation and scope of discussion about privacy with the protection of personal data and even impressed blended with issues of spamming issues. With comparison to Europe and the US legal perspectives, Therefore, this paper tries to discuss such problem in accordance to the perspective of laws to the communication itself.
Costing A Pretty Penny: Online Penny Auctions Revive The Pestilence Of Unregulated Lotteries, David R. Konkel
Costing A Pretty Penny: Online Penny Auctions Revive The Pestilence Of Unregulated Lotteries, David R. Konkel
Seattle University Law Review
Penny auctions, an online phenomenon imported from Europe, operate by the hundreds in the United States without meaningful oversight from consumer protection agencies. In a penny auction, consumers compete for items one penny at a time. To date, no significant inquiry, either academic or practical, into the legitimacy of the penny auction has occurred. Although marketed as auctions, online penny auctions may actually qualify as lotteries. Unlike the multifarious and confusing definitions of gambling, the long-accepted definition of a lottery consists of three elements: prize, consideration, and chance. If a penny auction satisfies this definition then, under well-established case law …
We And Cyberlaw: The Spatial Unity Of Constitutional Orders, Hans Lindahl
We And Cyberlaw: The Spatial Unity Of Constitutional Orders, Hans Lindahl
Indiana Journal of Global Legal Studies
This paper scrutinizes the fundamental assumption governing Gunther Teubner's theory of societal constitutionalism, namely that societal constitutions are ultimately about the regulation of inclusion and exclusion in global function systems. While endorsing the central role of inclusion/exclusion in constitutions, societal or otherwise, I argue that inclusion and exclusion are primordial categories of collective action, rather than functional categories. As a result, the self-closure which gives rise to a legal collective is spatial as much as it is temporal, and subjective no less than material. Inasmuch as legal orders must establish who ought to do what, where, and when, this entails, …
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
University of Arkansas at Little Rock Law Review
No abstract provided.
Patent-Backed Securization For Innovation And Economic Growth In The Life Sciences: A Proposal For Incremental Securities Law Reform, Grace Sweeney
Patent-Backed Securization For Innovation And Economic Growth In The Life Sciences: A Proposal For Incremental Securities Law Reform, Grace Sweeney
Canadian Journal of Law and Technology
In this section, the historical balance struck by securities law between conservatism and innovation was considered in the context of a shifting economic landscape.
In Section II, the life sciences sector will be chosen to illustrate the current barriers impeding capital flow to high-value enterprise, resulting in decreased innovation and economic growth. These include the existence of “ever greening”, non-practicing entities, patent thickets, and onerous transaction costs on upstream patent holders with limited competency.
In Section III, the tool of intangible asset finance will be introduced as a means of harnessing the value of intellectual property assets, and leveraging them …
Proof And Progress: Coping With The Law Of Evidence In A Technological Age, David M. Paciocco
Proof And Progress: Coping With The Law Of Evidence In A Technological Age, David M. Paciocco
Canadian Journal of Law and Technology
This article outlines those rules of evidence that are most likely to be called upon to fit new technologies. It identifies some of the challenges that are presented, and identifies modest techniques or suggestions for coping. Those suggestions include taking the kind of relaxed view as to when expert evidence is being offered illustrated by the Ontario Court of Appeal in R. v. Hamilton; taking a functional approach to judicial notice; ensuring that authentication and the “best evidence” rule for electronic records are not applied in a highly technical fashion; understanding the law of hearsay and remaining familiar with …
Social Media: The Law Simply Stated, Steve Coughlan, Robert J. Currie
Social Media: The Law Simply Stated, Steve Coughlan, Robert J. Currie
Canadian Journal of Law and Technology
It is a challenge to simply state the law about social media, because there is no such thing as “social media law.” Rather, the law bumps up against social media in many ways. In some cases, existing law can be seamlessly applied to new technologies and means of interaction. In other cases, entirely new paradigms will likely need to be adopted to handle new challenges. Many other cases will fall somewhere in between.
Our goal in this Law Simply Stated is to provide some background on the nature of social media themselves, and then to state the basic law in …
Implementing Technology In The Justice Sector: A Canadian Perspective, Jane Bailey, Jacquelyn Burkell
Implementing Technology In The Justice Sector: A Canadian Perspective, Jane Bailey, Jacquelyn Burkell
Canadian Journal of Law and Technology
Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from the perspective of individuals involved first-hand in the implementation …
Regulatory Issues Concerning New Media Alternatives To Television, Michael Rimock
Regulatory Issues Concerning New Media Alternatives To Television, Michael Rimock
Canadian Journal of Law and Technology
This article will begin by discussing the significance of over-the-top (OTT) video services in Canada and briefly outline the CRTC’s recent efforts and findings in relation to new media trends. It will then describe the problems with the current regulatory framework and some of the proposed solutions. While some have argued that regulating OTT services like Netflix would level the playing field, I will argue that encouraging competition and decreasing some of the onerous regulations that are currently imposed on Canadian broadcasters would be the best solution since it would benefit both consumers and Canadian corporations.
A Dual Track Approach To Challenging Chinese Censorship In The Wto: The (Future) Case Of Google And Facebook, Anonymous
Michigan Journal of International Law
As economic and trade policies continue to affect more facets of society, the World Trade Organization’s (WTO) impact on government policy and citizens’ lives has grown. Since its creation on January 1, 1995, the WTO has fostered trade liberalization negotiations and served as a forum where member countries can discuss economic concerns with one another. The WTO is perhaps best known for its dispute settlement mechanism. When countries cannot reach a mutual resolution to a conflict governed by a trade agreement, they can initiate formal legal proceedings against one another by asking for a panel to be appointed. The panel …
A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden
A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden
Pace Intellectual Property, Sports & Entertainment Law Forum
The legal status of gaming activities on First Nations land within Canada is complicated. The foci of this paper are two-fold. First, we trace the origin and expansion of First Nations gaming. Second, we analyze the potential of First Nations as hubs for the growing global e-gaming industry, with an emphasis on Internet poker and online sports wagering. We conclude by positing that the Canadian regulatory scheme presents an opportunity to First Nations in connection with e-gaming.
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
Journal of the National Association of Administrative Law Judiciary
The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.
It's A Series Of Tubes: Network Neutrality In The United States And How The Current Economic Environment Presents A Unique Opportunity To Invest In The Future Of The Internet , Andrew Seitz
Journal of the National Association of Administrative Law Judiciary
It is almost an accident that the Internet developed the way it did. In the late 1990's large internet service providers (ISPs), such as AOL, that had their own proprietary networks failed to fully realize that their business model was becoming obsolete, and instead the Internet developed into the open network that it is today. But is an open network the best model for the Internet? Could more of a free market deliver a better product to the consumer? Broadband providers such as AT&T and Verizon believe that in order to give their customers the best product, they should be …
The Expansion Of Trademark Rights In Europe, Irina Pak
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.