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Articles 1 - 9 of 9
Full-Text Articles in Law
From Alpha To Omegle: A.M. V. Omegle And The Shift Towards Product Liability For Harm Incurred Online, Preston Buchanan
From Alpha To Omegle: A.M. V. Omegle And The Shift Towards Product Liability For Harm Incurred Online, Preston Buchanan
University of Miami Business Law Review
But for the Internet, many of our interactions with others would be impossible. From socializing to shopping, and, increasingly, working and attending class, the Internet greatly facilitates the ease of our daily lives. However, we frequently neglect to consider that our conduits to the Internet have the potential to lead to harm and injury. When the Internet was in its infancy, and primarily was a repository of information, Congress recognized the threat of continual lawsuits against online entities stemming from the content created by their users. The Communications Decency Act of 1996 arose to mitigate the seemingly Herculean task for …
Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky
Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky
University of Miami Business Law Review
For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably …
Piercing The Shield Of U.C.C. Article 4a: Estate Of Levin V. Wells Fargo Bank’S, Implications For Terrorism Victims’ Attachment Of Blocked Electronic Wire Transfers Originating From State Sponsors Of Terrorism, Olivia Lu
University of Miami Business Law Review
This Piece examines how ambiguity in the property interests that would be subject to attachment under section 201 of the Terrorism Risk Insurance Act (“TRIA”) and section 1610(g) of the Foreign Sovereign Immunities Act (“FSIA”) has affected efforts by victims of terrorism to fulfill their monetary judgments, especially in light of courts’ use of Article 4A of the Uniform Commercial Code to fill the definitional gap. This Piece focuses on a recent D.C. Circuit decision, Estate of Levin v. Wells Fargo Bank, N.A., analyzing its implications for terrorism victims holding monetary judgments to attach blocked electronic funds transfers (“EFTs”) originating …
Making Small Claims Work For Copyright Law: Why The Decisions Of An Unprecedented Judicial Authority Should Hold Precedential Weight, Emma C. Johnson
Making Small Claims Work For Copyright Law: Why The Decisions Of An Unprecedented Judicial Authority Should Hold Precedential Weight, Emma C. Johnson
University of Miami Business Law Review
Individual creators increasingly struggle to protect their copyrights, especially in the digital age. It is already often difficult for many creators to make a living, and more often than not, they cannot afford to pay thousands in court and legal fees to bring a copyright infringement claim. With the passing of the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”) in December of 2020, Congress and the United States Copyright Office formed a federal small claims court for creators in such positions to be able to enforce their copyrights.
The CASE Act seeks to give small copyright …
The Increased Use And Permanency Of Technology: How Those Changes Impact Attorneys’ Professional Responsibility And Ethical Obligations To Clients And Recommendations For Improvement, Scott B. Piekarsky
University of Miami Business Law Review
No abstract provided.
Analysis Of Section 230 Under A Theory Of Premises Liability: A Focus On Herrick V.Grindr And Daniel V. Armslist, Kassandra C. Cabrera
Analysis Of Section 230 Under A Theory Of Premises Liability: A Focus On Herrick V.Grindr And Daniel V. Armslist, Kassandra C. Cabrera
University of Miami Business Law Review
Section 230 of the Communications Decency Act (“CDA”) has been held to give online service providers acting as interactive computer services sweeping immunity for content posted on their platforms. The intention behind the creation of Section 230 was not to immunize online service providers from all liability. Rather, Section 230 was enacted to protect online intermediaries acting as “Good Samaritans” – those who made “good faith” efforts to restrict unlawful or harmful content, but due to the breadth of the internet and advancements in technology over or under-filtered content on their platforms. This note outlines an approach for courts to …
Legislating Our Reasonable Expectations: Making The Case For A Statutory Framework To Protect Workplace Privacy In The Age Of Social Media, David Miller
University of Miami Business Law Review
No abstract provided.
The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel
The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel
University of Miami Business Law Review
No abstract provided.
The Cyberpiracy Prevention Act: Reconciling Real Space Sectoral And Geographical Distinctions In The Use Of Internet Domain Names Under The Lanham Act, Stuart A. Weinstein
The Cyberpiracy Prevention Act: Reconciling Real Space Sectoral And Geographical Distinctions In The Use Of Internet Domain Names Under The Lanham Act, Stuart A. Weinstein
University of Miami Business Law Review
No abstract provided.