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Articles 1 - 8 of 8
Full-Text Articles in Law
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
Eliza Mik
The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …
Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons
Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons
Daniel Lyons
No abstract provided.
Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons
Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons
Daniel Lyons
No abstract provided.
Civil Rights In The Information Age, Danielle Citron
Civil Rights In The Information Age, Danielle Citron
Danielle Keats Citron
[This book focuses] "on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options." (copied from the book's description on the publisher's website)
Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons
Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons
Daniel Lyons
“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …
Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons
Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons
Daniel Lyons
Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend …
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Susan Freiwald
In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …