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Full-Text Articles in Law
The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko
The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko
Cleveland State Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to eliminate discrimination against individuals with disabilities. Over time, as society has become more reliant on the internet, the issue of whether the ADA’s scope extends beyond physical places to online technology has emerged. A circuit split developed on this issue, and courts have discussed three interpretations of the ADA’s scope: (1) the ADA applies to physical places only; (2) the ADA applies to a website or mobile app that has a sufficient nexus to a physical place; or (3) the ADA broadly applies beyond physical places to online technology. …
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Cleveland State Law Review
Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by …
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Cleveland State Law Review
This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a …
The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic
The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic
Cleveland State Law Review
This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions …
Propertization, Contract, Competition, And Communication: Law's Struggle To Adapt To The Transformative Powers Of The Internet, David Barnhizer
Propertization, Contract, Competition, And Communication: Law's Struggle To Adapt To The Transformative Powers Of The Internet, David Barnhizer
Cleveland State Law Review
This Symposium focuses in part on the ideas of Margaret Jane Radin as a point of departure for the various contributions. A key part of the analysis includes the process she calls propertization in the context of intellectual property rules and the Internet. The approach taken in this introductory essay is twofold. The first part presents some key points raised by the Symposium contributors. Of course, that overview is necessarily incomplete, because the contributions represent a rich group of analyses about vital concerns relating to how our legal system should respond to the challenge of the Internet and information systems …
A Comment On Information Propertization And Its Legal Milieu, Margaret Jane Radin
A Comment On Information Propertization And Its Legal Milieu, Margaret Jane Radin
Cleveland State Law Review
My main purpose in this essay is to urge that policy arguments about property in the digital environment take explicit cognizance of other policy considerations that tend to bound propertization: contractual ordering, competition, and freedom of expression. These policy considerations form the legal milieu in which propertization is situated.
Rankings, Reductionism, And Responsibility , Frank Pasquale
Rankings, Reductionism, And Responsibility , Frank Pasquale
Cleveland State Law Review
After discussing how search engines operate in Part I below, and setting forth a normative basis for regulation of their results in Part II, this piece proposes (in Part III) some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted high-ranking results relating to them, or exclusion from a page they claim it is their “due” to appear on. In the first case (deemed “inclusion harm”), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, …
The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal
The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal
Cleveland State Law Review
This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Cleveland State Law Review
Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Cleveland State Law Review
There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …