Law Commons^™

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.

Henry H. Perritt, Jr.

Gender Biases In Cyberspace: A Two-Stage Model For A Feminist Way Forward, Shlomit Yanisky-Ravid, Amy Mittelman

Shlomit Yanisky-Ravid Professor of Law

Increasingly, there has been a focus on creating democratic standards and procedures in order to best facilitate open exchange of information and communication online—a goal that fits neatly within the feminist aim to democratize content creation and community. Collaborative websites, such as blogs, social networks, and, as focused on in this Article, Wikipedia, represent both a Cyberspace community entirely outside the strictures of the traditional (intellectual) proprietary paradigm and one that professes to truly embody the philosophy of a completely open, free, and democratic resource for all. In theory, collaborative websites are the solution that social activists, Intellectual Property opponents …

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …

Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, J. Armand Musey Cfa, Aalok Mehta

J. Armand Musey, CFA

In this paper, we present evidence of persistent errors in projections of wireless demand and examine the implications for wireless policy and investment. Mobile demand projections are relied upon in academic and government research and used for critically important telecommunications policy decisions, both domestically and internationally. The Federal Communications Commission, for example, used such projections to estimate a 275 MHz spectrum shortage by 2014 and featured such estimates in the U.S. National Broadband Plan as evidence for allocating additional spectrum for cellular services. The International Telecommunications Union Radiocommunication Sector endorsed in 2006 an estimate of a 1,280- to 1,720-MHz spectrum …

One Hundred Twenty Years Of U.S. Privacy Law Scholarship: A Latent Semantic Analysis, Robert Sprague, Kevin Grauberger, Nicole Barberis

Robert Sprague

This paper reports results from a research project aimed at identifying fundamental privacy law principles derived from the writings of legal scholars and commentators using probabilistic topic modeling, which is comprised of a suite of algorithms that attempt to discover hidden thematic structures in large archives of documents. Topic modeling algorithms are statistical methods that analyze the words of texts to discover topics (themes) contained within, how those topics are connected to each other, and how they change over time. A latent Dirichlet allocation process, which identifies sets of terms that more tightly co-occur, is incorporated into the topic modeling …

New Technology, New Information Privacy: Social-Value-Oriented Information Privacy Theory, Chen-Hung Chang

Chen-Hung Chang

Today’s innovative technologies offer remarkable advantages in our daily lives, but they also give rise to concerns that these technological advancements will adversely impact individuals’ privacy. The traditional notions of information privacy were based on personal control over data about oneself, an antiqued notion in a time where pervasive surveillance has rendered it nearly impossible for individuals to protect information privacy on their own. Key privacy concerns arise because it is nearly impossible to be left out of the intertwined digital and Internet world. Those who choose not to use the Internet, smartphones, tablet computers, electronic mail and online social …

Right-Sizing Spectrum Auction Licenses: The Case For Smaller Geographic License Areas In The Tv Broadcast Incentive Auction, William H. Lehr Phd, J. Armand Musey Cfa

J. Armand Musey, CFA

The wireless sector is a key contributor to economic activity and growth. Over the next several years, wireless service providers are expected to invest $25 to $53 billion upgrading and expanding their networks to deploy 4G mobile broadband across the nation. All told, wireless broadband investment and the services and innovation supported by such investment are expected to add between $259 and $355 billion to US GDP each year through 2017. The Federal Communications Commission ("Commission" or "FCC") is currently designing the largest ever auction of terrestrial wireless spectrum, currently planned for late 2014 (the "Incentive Auction"). The purpose is …

Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone

Michele R. Pistone

1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …

Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter

Megan M Carpenter

This project is an empirical analysis of trademarks that have received rejections based on the judgment that they are “scandalous." It is the first of its kind. The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act generally, this piece is the first scholarly project that engages an empirical analysis of 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. We study which marks are being rejected, what evidence is …

The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Richard Warner, Robert H. Sloan

Richard Warner

We focus on privacy in public. The notion dates back over a century, at least to the work of the German sociologist, Georg Simmel. Simmel observed that people voluntarily limit their knowledge of each other as they interact in a wide variety of social and commercial roles, thereby making certain information private relative to the interaction even if it is otherwise publicly available. Current governmental surveillance in the US (and elsewhere) reduces privacy in public. But to what extent?

The question matters because adequate self-realization requires adequate privacy in public. That in turn depends on informational norms, social norms that …

The Harmonization Of Browsewrap Agreements Abroad And The Protection Of American Consumers, Tinsley A. Ashley

Tinsley A Ashley

No abstract provided.

Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague

Robert Sprague

Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.