Law Commons^™

The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley

Penn State Journal of Law & International Affairs

News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything from …

Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace

University of Richmond Law Review

No abstract provided.

Managing The Impact Of New Media On The Employment Relationship, Susan A. O'Sullivan-Gavin, John H. Shannon

The Journal of Business, Entrepreneurship & the Law

Attention to privacy issues in the workplace has increased over the past two decades as use of electronic mail and text messages has made these means of communication commonplace. Beyond text messages and emails, employees can access the internet at their place of employment at many different entry points. This access can be through company issued desktops or laptops, mobile phones, mobile internet devices (MIDs), Smartphone technology (photography; video and voice recording capabilities; file transfer and storage), off-site internet connections, Wi-Fi access or hot spots. Employees can access and/or post information on various sites including blogs, wikis, RSS feeds, instant …

Privacy For Social Networking, Connie Davis Powell

University of Arkansas at Little Rock Law Review

This article begins by considering the emergence of social networks as a major medium of communication and posits that the success of social networks is attributable to their users' willingness to share their information. Next, the article considers the expectation of privacy for users of social networks and whether such expectation is reasonable. In particular, the article discusses the privacy policies and legal terms governing the use of social networks, and tracks the evolution of such terms and policies as they slowly whittle away user control over time. The article then discusses public outcry regarding the disclosure of information contrary …

Regulating Student Cyberspeech, Barry P. Mcdonald

Missouri Law Review

Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …

Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer

Missouri Law Review

In this Article, we begin Part II by a brief exploration of the history of bullying in social science research. Part III is a description of the ways that social scientists have attempted to define bullying, and by extension, cyberbullying. We pay particular attention to understanding the roles that the intentionality of the bully, the repetition of the problematic behavior, and the power asymmetry of the bully-victim dyad play in distinguishing bullying from other negative behavior. In Part IV, we track the relationship between bullies and their social worlds, noting that some bullies are marginalized within a broader peer culture …

Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells

Missouri Law Review

Bullying and its effects concern many of us in the United States. As many as thirty percent of students in grades five through ten have experienced at least one bullying incident in a given year.] Studies further show that up to thirty-five percent of students have been the victims of cyberbullying - i.e., the use of online mediums to bully others. Most observers agree that this number is likely to rise. Such bullying physically and psychologically affects students. It can disrupt their education and cause depression, anxiety, self-harm, suicidal thoughts, and suicide attempts. After several highly publicized suicides, there appears …

How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia

Missouri Law Review

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …

Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage

Missouri Law Review

Cyberbullying has gained increasing attention over the past decade, in part driven by significant media coverage on this topic.' While media attention has increased, prevalence rates derived from national and local surveys indicate that cyberbullying is a less common experience among youth than traditional bullying. Nonetheless, a significant number of youth experience both cyberbullying and its deleterious effects, and additional research is needed to guide nascent prevention and intervention efforts. In particular, existing research does not clarify the extent to which cyberbullying overlaps with traditional bullying or other forms of victimization that children might encounter in their schools, homes, and …

The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal

Washington and Lee Law Review

No abstract provided.

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.

E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Tweet Me Fairly: Finding Attribution Rights Through Fair Use In The Twittersphere, Adam S. Nelson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Friending And Following: Applying The Rules Of Professional Conduct To Social Media, Andy Taylor

University of Arkansas at Little Rock Law Review

Despite the strong tradition in the law of not advertising for legal services, the Model Rules of Professional Conduct as well as the Arkansas Rules of Professional Conduct recognize that the interest in expanding public information about legal services trump that tradition. However, that is not the case in many states where, in some cases, lawyers have been advised to avoid certain types of interactive websites or risk what has been dubbed a "one-click ethics violation."

This article seeks to explain how attorneys can use social networking sites without violating any rules of professional conduct. Additionally, the article proposes a …

Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises, Peter Maggiore

Michigan Telecommunications & Technology Law Review

In a sense, social media has become the ideal manifestation of the "Marketplace of Ideas" (hereinafter "Marketplace") that Chief Justice Oliver Wendell Holmes articulated. The Marketplace concept will be discussed in greater detail below, but in brief, it is the theory that truth will surface over falsehoods when all opinions and ideas are freely expressed, because the value or worth of that opinion or idea will be determined on the market of public opinion. Part I of this Note will examine the Marketplace concept through the works of various legal and philosophical theorists. Chief among them is Frederick Schauer's work …

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Michigan Journal of Environmental & Administrative Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …

A Risk Not Worth The Reward: The Stored Communications Act And Employers’ Collection Of Employees’ And Job Applicants’ Social Networking Passwords, Nicholas D. Beadle

American University Business Law Review

No abstract provided.

Facebook And Myspace In The Courtroom: Authentication Of Social Networking Websites, Julia Mehlman

American University Criminal Law Brief

No abstract provided.

Remarks On The Arab Spring Symposium, Fall 2012 - Joost Hiltermann, Joost Hiltermann

University of Baltimore Journal of International Law

Joost Hiltermann discusses the socialogical implications of the Arab Spring, including its "grassroots" status and the use of social media.

Social Networking And Judicial Ethics., Craig Estlinbaum

St. Mary's Journal on Legal Malpractice & Ethics

Social network sites (SNSs) such as Facebook, Linkedln, and Twitter have become an increasingly ever-present feature in American life since first appearing in the late 1990s. SNSs now impact virtually all parts of daily life, and the judiciary is not immune to this effect. Recent statistics show that approximately 40% of judges nationwide utilize SNSs for personal, professional, and electoral purposes. Social media, like any public communication form, presents special ethical challenges for judges. In recent years, judicial ethics committees in various states have weighed in on these questions and have not shown any clear consensus. However, it is generally …

Social Networking And The Fourth Amendment: Location Tracking On Facebook, Twitter, And Foursquare, Lisa A. Schmidt

Cornell Journal of Law and Public Policy

No abstract provided.

Why Can't We Be Friends? The Banning Of Teacher-Student Communication Via Social Media And The Freedom Of Speech, Giulia M. Di Marzo

American University Law Review

No abstract provided.