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2010

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Articles 1 - 30 of 304

Full-Text Articles in Law

Iranian Islamic Banking, Ehsan Zarrokh Oct 2012

Iranian Islamic Banking, Ehsan Zarrokh

Ehsan zarrokh

Islamic finance is an old concept but a very young discipline in the academic sense. It lacks the required extent and level of theories and models needed for expansion and implementation of the framework provided by Islam. In these circumstances, unawareness and confusion exist as to the form of the Islamic financial system and instruments. The main difference between the present economic system and the Islamic economic system is that the later is based on keeping in view certain social objectives for the benefit of human beings and society. Islam, through its various principles, guides human life and ensures free ...


Top 3 New Media Legal Battles Of 2010, Jonathan Peters Dec 2010

Top 3 New Media Legal Battles Of 2010, Jonathan Peters

Jonathan Peters

No abstract provided.


Tying, Bundling, And Loyalty/Requirement Rebates, Nicholas Economides Dec 2010

Tying, Bundling, And Loyalty/Requirement Rebates, Nicholas Economides

Nicholas Economides

I discuss the impact of tying, bundling, and loyalty/requirement rebates on consumer surplus in the affected markets. I show that the Chicago School Theory of a single monopoly surplus that justifies tying, bundling, and loyalty/requirement rebates on the basis of efficiency typically fails. Thus, tying, bundling, and loyalty/requirement rebates can be used to extract consumer surplus and enhance profit of firms with market power. I discuss the various setups when this occurs.


Providing Legal Information And Advice To Older People: As Much A Question Of Accessibility As Affordability, Subhajit Basu, Joe Duffy Dec 2010

Providing Legal Information And Advice To Older People: As Much A Question Of Accessibility As Affordability, Subhajit Basu, Joe Duffy

Subhajit Basu

No continent has as high a proportion of older people as Europe. [3] In this paper, we report the findings of an empirical project examining the legal advice needs of older people. An important element of the project also sought information about the capacity of the internet for meeting the legal advice needs of older people. Overall our findings broadly indicate considerable failings in legal information provision for older people from more traditional advice sources. Whilst we have uncovered some examples of individualised good practice,our research in the main revealed an alarming sense of fear, mistrust, uncertainty and ambivalence ...


Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery Dec 2010

Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since online gaming began in 1995, the industry has been unsettled. Despite online gaming being viewed as illegal by the United States government, revenues generated from players in the U.S. grew consistently and rapidly from 1995 to 2006. U.S. lawmakers believed they clarified the legality issue by passing the Unlawful Internet Gambling Enforcement Act in 2006 (UIGEA); however, this legislation did little to discourage people in the U.S. from engaging in online gambling. U.S. lawmakers have long debated prohibition vs. regulation of the industry. Given the apparent ineffectiveness of online gaming prohibition via UIGEA, lawmakers favoring ...


The Changing Patterns Of Internet Usage, Christopher S. Yoo Dec 2010

The Changing Patterns Of Internet Usage, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding Dec 2010

Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding

Federal Communications Law Journal

A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line ...


Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell Dec 2010

Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell

Federal Communications Law Journal

In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications ...


Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda Dec 2010

Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda

Federal Communications Law Journal

Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.


The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey Dec 2010

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee Dec 2010

The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Future Of Digital Communications Research And Policy, Scott Wallsten Dec 2010

The Future Of Digital Communications Research And Policy, Scott Wallsten

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield Dec 2010

The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Nondiscrimination Norms In Cyberspace, Daniel Lyons Nov 2010

Nondiscrimination Norms In Cyberspace, Daniel Lyons

Daniel Lyons

Conducted faculty brown bag discussion on work-in-progress regarding nondiscrimination norms in telecommunications law.


User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg Nov 2010

User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg

Columbia Public Law & Legal Theory Working Papers

This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor ...


Digital Discrimination, Danielle Citron Nov 2010

Digital Discrimination, Danielle Citron

Danielle Keats Citron

Social network sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women and minorities. The attacks include rape threats, privacy invasions, defamation, and technological attacks that silence victims. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Although social and legal norms have dampened offline discrimination, the internet’s Wild West culture and architecture invites bigots to move their hatred to cyberspace. The Internet facilitates anonymity, loosening social norms that constrain noxious behavior. It brings people ...


For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons Nov 2010

For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons

Daniel Lyons

No abstract provided.


The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan Nov 2010

The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan

Duke Law & Technology Review

Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become ...


Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García Nov 2010

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades de los ...


Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu Oct 2010

Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu

Subhajit Basu

LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.


Michigan Official's Hate Speech Protected By First Amendment, Jonathan Peters Oct 2010

Michigan Official's Hate Speech Protected By First Amendment, Jonathan Peters

Jonathan Peters

No abstract provided.


Making Virtual Copyright Work, Matthew R. Farley Oct 2010

Making Virtual Copyright Work, Matthew R. Farley

Law Student Publications

This Article proposes measures that attempt to strike the balance between creation and access. The virtual-world community is not likely to persevere with the little copyright protection it currently enjoys. Creativity will dwindle and the rich, energetic settings that make virtual worlds so attractive to businesses and entertainers will follow suit. At the same time, because much of the creativity in virtual worlds is derivative in nature, virtual creators are also unlikely to benefit from strong copyright protections. Therefore, current interpretation of copyright law must be revisited and revised before applying it to virtual worlds. Part I details virtual worlds ...


Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter Oct 2010

Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter

Nevada Law Journal

No abstract provided.


Panelist, Natural Law And Property Rights, Daniel Lyons Sep 2010

Panelist, Natural Law And Property Rights, Daniel Lyons

Daniel Lyons

No abstract provided.


The Puzzle Of Brandeis, Privacy, And Speech, Neil Richards Sep 2010

The Puzzle Of Brandeis, Privacy, And Speech, Neil Richards

Neil M Richards

Most courts and scholarship assume that privacy and free speech are always in conflict, even though each of these traditions can be traced back to writings by Louis D. Brandeis – his 1890 Harvard Law Review article “The Right to Privacy” and his 1927 concurrence in Whitney v. California. How can modern notions of privacy and speech be so fundamentally opposed if Brandeis played a major role in crafting both? And how, if at all, did Brandeis recognize or address these tensions? These questions have been neglected by scholars of First Amendment law, privacy, and Brandeis. In this paper, I argue ...


A Failure Of Uniform Laws?, Michael Risch Sep 2010

A Failure Of Uniform Laws?, Michael Risch

Michael Risch

The Uniform Trade Secrets Act, adopted in forty-six states over 30 years, illustrates an important purpose of uniform laws: allowing states to adopt sister-state statutory interpretation when they enact the uniform statute. The case law of each UTSA state should theoretically apply in every other state adopting it, which provides an important benefit for small states that do not have enough litigation activity to generate their own substantial trade secret case law. This essay tests this purpose. It examines one small state’s opinions to see how much uniformity the UTSA provides. The results are somewhat surprising: the test state ...


Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq. Sep 2010

Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.


Book Bans Are About Policing Ideas, Jonathan Peters Sep 2010

Book Bans Are About Policing Ideas, Jonathan Peters

Jonathan Peters

No abstract provided.


Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer Sep 2010

Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer

Duke Law & Technology Review

Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider a public educator’s use of a social networking website for disciplinary or employment decisions. Insisting that the law conform to twenty-first century social norms, this iBrief argues that the law should protect teachers’ speech on popular social networking websites like Facebook and MySpace.


Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman Sep 2010

Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman

Legislation and Policy Brief

In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin ...