Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (5)
- Computer Law (3)
- Science and Technology Law (3)
- Internet Law (2)
- Administrative Law (1)
-
- Communications Law (1)
- Constitutional Law (1)
- Contracts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Education Law (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- International Law (1)
- Law and Gender (1)
- Law and Race (1)
- Legal Education (1)
- Privacy Law (1)
- Psychology (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication
Articles 1 - 11 of 11
Full-Text Articles in Law
How Supreme A Court?, Thomas E. Kadri
How Supreme A Court?, Thomas E. Kadri
Popular Media
Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?
How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri
How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri
Popular Media
The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.
The Law Of Advertising Outrage, Mark Bartholomew
The Law Of Advertising Outrage, Mark Bartholomew
Journal Articles
This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a consumer backlash. …
Let's Teach Our Students Legal Technology... But What Should We Include?, Randy J. Diamond, Darin Fox, Kenneth J. Hirsh, Heidi Frostestad Kuehl, Michael Robak
Let's Teach Our Students Legal Technology... But What Should We Include?, Randy J. Diamond, Darin Fox, Kenneth J. Hirsh, Heidi Frostestad Kuehl, Michael Robak
Faculty Publications
A "renaissance” is often described as a cultural rebirth, a movement ushering in a modern age and leaving behind the old ways of doing things. There is every indication that we are entering a technology-driven renaissance in the legal profession. Artificial intelligence (AI), “big data,” document automation, e-discovery tools, cloud-based case management systems, and communication and collaboration tools are just a few of the ways that technology is transforming the practice of law in the twenty-first century.
How Can Teens Be Reasonable? Reasonable Expectations Of Privacy In The Digital Age, Lori A. Hoetger
How Can Teens Be Reasonable? Reasonable Expectations Of Privacy In The Digital Age, Lori A. Hoetger
Department of Psychology: Dissertations, Theses, and Student Research
The Fourth Amendment only protects against government intrusions into spaces or information that receive a reasonable expectation of privacy—a subjective expectation of privacy that society is willing to recognize as reasonable (Katz v. United States, 1967). Judges are tasked with determining when a reasonable expectation of privacy exists. But as evidenced by justices’ confusion at oral arguments in recent Supreme Court cases, judges do not always fully grasp new technology. The current dissertation aims to guide courts attempting to navigate the new terrain of expectations of privacy in wired communications.
Scholars have expressed concern over the impact the ubiquity …
Speech V. Speakers, Thomas E. Kadri
Speech V. Speakers, Thomas E. Kadri
Popular Media
Twitter's new rules about extremist speech blur the lines between people and words.
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
When Whispers Enter The Cloud, Heidi H. Liu
When Whispers Enter The Cloud, Heidi H. Liu
All Faculty Scholarship
With increased awareness of workplace harassment in recent years, the idea of enhanced reporting around sexual misconduct has gained traction. As a result, several technologies – from smartphone apps to well-publicized services – have been introduced with the goals of preventing, enabling reports of, and even predicting sexual misconduct at work, school and in public. But to what extent are these technologies secure and accessible to survivors? This Note documents the existing resources and proposes a framework focusing on privacy and participation for evaluating these tools intended to benefit survivors.
Regulation By Database, Nathan Cortez
Regulation By Database, Nathan Cortez
Faculty Journal Articles and Book Chapters
The federal government currently publishes 195,245 searchable databases online, a number of which include information about private parties that is negative or unflattering in some way. Federal agencies increasingly publish adverse data not just to inform the public or promote transparency, but to pursue regulatory ends ⎯ to change the underlying behavior being reported. Such "regulation by database" has become a preferred method of regulation in recent years, despite scant attention from policymakers, courts, or scholars on its appropriate uses and safeguards.
This Article, then, evaluates the aspirations and burdens of regulation by database. Based on case studies of six …
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Faculty Publications
(Excerpt)
Student activism has been part of the fabric of American higher education since the eighteenth century. Indeed, some scholars have called it "as American as apple pie." From Harvard's "Great Butter Rebellion" in 1766 when students pushed for better food to the multicultural movement of today when students have demanded increased diversity in student, staff, faculty, and curriculum, students have long pressed to have their voices heard. Continuing in this tradition, we now live in an age of student activists who, by organizing through social media, are getting more people involved in political conversations and causes than would otherwise …
Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron
Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron
Faculty Scholarship
Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere.
These changes are less the result of voluntary market …