Law Commons^™

Unmasking The Teen Cyberbully: A First Amendment-Compliant Approach To Protecting Child Victims Of Anonymous, School-Related Internet Harassment, Benjamin A. Holden

Akron Law Review

In proposing a new rule under the First Amendment to adjudicate anonymous Cyberbullying cases, this Article first reviews and summarizes the First Amendment precedents governing regulation of speech by minors and student speech in the school environment. Second, it reviews and discusses the prevalence of minors’ online harassment or Cyberbullying, including pre-litigation disputes reported in the press. Third, it reviews and summarizes the First Amendment precedents governing the “unmasking” of anonymous speakers. Finally, the Cyberbully Unmasking Test is proposed and applied.

The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo

Fordham Intellectual Property, Media and Entertainment Law Journal

Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use …

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Nevada Law Journal

No abstract provided.

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno

Naomi Harlin Goodno

There have been all too many recent cases where children are taking their lives because of cyberbullying. Schools, courts, and legislatures are struggling with how to deal with such tragedies. Imagine two public school students, Joe and Jane. Joe punches Jane during class. The school is certainly within its legal rights to discipline Joe. Assume, instead, Joe punches Jane while both are walking home from school. The school cannot discipline Joe because the act took place off-campus. Now, assume instead, that Joe, while at home and using his own laptop, creates a website about Jane stating that he wished she …

Are Florida's Bullying Laws Overreaching?, Steven Zakharyayev Esq.

Steven Zakharyayev Esq.

In light of several highly publicized suicides caused by bullying, state legislatures have been pressured to enact tougher bullying laws to quell this pervasive problem. Remedies to this problem, however, are designed with the intent of regulating student expression, which can lead to vague and overbroad laws. Moreover, it is common amongst legislatures to enact laws that stretch the bounds of constitutionality when protecting children is the motivation. Part one of this paper will discuss the scope of permissible regulations schools may impose on student expression. Part two will discuss schools’ affirmative duty as federal recipients to ensure no student …

Shame, Paul Campos

Publications

Here are some observations drawn from nearly seventeen years spent as a legal academic, using a particular device: the depiction of several fictional yet all-too-familiar legal academic characters. With one exception these characters are imaginary - yet their name is legion. The characters are The Drone, The Bully, The Hack, and The Fraud.

What can be done about them - or about us? Answering this question at all satisfactorily requires confronting more than the personal flaws of particular individuals: it necessitates grappling with the structural failures of the contemporary law school. It's true that some of what is wrong with …

Education Policies Prohibiting Bullying: Amend Policies Prohibiting Bullying Behavior; Make Changes Relating To Local School Board Policies Regarding Bullying In Student Codes Of Conduct; Change The Definition Of Bullying Behavior; Provide That Policies Relating To Bullying Behavior Apply To Students In Kindergarten Through Grade 12; Require Training On Bullying Behavior For Certain School System Personnel; Provide That Local School Systems Provide Information To The Department Of Education On The Number And Disposition Of Bullying Incidents Reported; Repeal Conflicting Laws, And For Other Purposes, Rachel E. Conrad

Georgia State University Law Review

Policies Prohibiting Bullying: Amend Policies prohibiting Bullying Behavior; Make Changes Relating to Local School Board Policies Regarding Bullying in Student Codes of Conduct; Change the Definition of Bullying Behavior; Provide that Policies Relating to Bullying Behavior Apply to Students in Kindergarten Through Grade 12; Require Training on Bullying Behavior for Certain School System Personnel; Provide that Local School Systems Provide Information to the Department of Education on the Number and Disposition of Bullying Incidents Reported; Repeal Conflicting Laws, and for Other Purposes

Bullying In Schools: The Disconnect Between Empirical Research And Constitutional, Statutory, And Tort Duties To Supervise, Daniel B. Weddle

Faculty Works

Nearly two decades of educational research has repeatedly demonstrated that one of the most damaging and pervasive problems in our schools today is bullying. That research has shown that bullying leaves its victims with serious and often life-long emotional problems. It has revealed that bullies are substantially more likely than their peers to commit felonies later in their lives. It has even demonstrated that witnesses to the bullying are often affected in serious, lasting ways. Most importantly, it has proven that school officials can dramatically reduce the prevalence of bullying if they implement proven bullying prevention strategies. Nevertheless, in most …