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Articles 1 - 30 of 77
Full-Text Articles in Internet Law
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Reports and Resources
No abstract provided.
State Broadband Profile - Ohio (Feb. 2022), New York Law School
State Broadband Profile - Ohio (Feb. 2022), New York Law School
Reports and Resources
No abstract provided.
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
Articles & Chapters
The United States Supreme Court has continued a speech-protective trend dating back to the 1960s, safeguarding even the most controversial speech from government regulation, including speech that critics of this trend label with the stigmatizing terms "hate speech," "disinformation," "misinformation," "extremist speech," and "terrorist speech." In contrast, as dominant online platforms have become increasingly important forums for both individual self-expression and democratic discourse, the platforms have been issuing and enforcing increasing restrictions on their users' speech pursuant to each platform's content moderation policies. These restrictions often suppress speech that the U.S. Constitution bars government from suppressing. As private sector entities, …
Counterbalancing Teen Reliance On Social Media News: The Importance Of Using Street Law Methodology To Teach About Current Events, Amy Wallace
Articles & Chapters
Globally, civic engagement of young people lags behind the general population. There is some evidence that young people are becoming more interested and engaged in world events. The pandemic and social justice movements addressing the environment, racial injustice, women’s issues, and LGBTQ rights have especially mobilized young people.
Social media has been key to the success of many grassroots movements (#MeToo, Black Lives Matter, and Greta Thunberg). Increasingly young people are also using social media as a source of news. Teachers and professionals who work with young people have noticed a dramatic surge in awareness and interest in current events. …
Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione
Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione
NYLS Law Review
No abstract provided.
Hargis V. Bevin, Gabriella Castellano
Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane
Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane
NYLS Law Review
No abstract provided.
Cullinane V. Uber Technologies, Inc., Carly Schreiber
Cullinane V. Uber Technologies, Inc., Carly Schreiber
NYLS Law Review
No abstract provided.
A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace
A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace
Articles & Chapters
It was a confluence of unrelated events at New York Law School in the spring of 2009 that led to the founding of the Charter High School for Law and Social Justice (CHSLSJ) in the Bronx, New York. Dedicated law school faculty members were crucial to the school’s launch and the law school, its law students and faculty continue to nurture this unique and reciprocal relationship. Professor Richard Marsico was the unstoppable force behind the founding of the charter school and its close connection to New York Law School (NYLS). This article details the origins of CHSLSJ, the current relationship …
Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace
Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace
Articles & Chapters
The Street Law program at New York Law School (NYLS) is a faculty taught, credit-bearing course that trains law students to teach interactive lessons covering practical legal topics at The Charter High School for Law & Social Justice (CHSLSJ), in the Bronx, New York.
On March 3, 2020, NYLS moved online due to the rapid rise of COVID cases in New York City. Like many clinical and experiential programs, we weighed options that would provide both valuable experiences for our high school and law students while keeping everyone safe.
On Sunday March 15, 2020, the New York City public schools …
The Life Of The Law Cannot Be Coded, Rebecca Roiphe
The Life Of The Law Cannot Be Coded, Rebecca Roiphe
Other Publications
No abstract provided.
Consumer Protection In The Age Of Connected Everything, Terrell Mcsweeny
Consumer Protection In The Age Of Connected Everything, Terrell Mcsweeny
NYLS Law Review
No abstract provided.
Bekele V. Lyft, Inc., Anne Maly
The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch
The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch
NYLS Law Review
No abstract provided.
United States V. Ammons, Rebecca Ruffer
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Articles & Chapters
Internet of Things (“IOT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates and calories burned. This Article explores the connection between the types of data generated by the IOT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric …
Paying For Privacy And The Personal Data Economy, Stacy-Ann Elvy
Paying For Privacy And The Personal Data Economy, Stacy-Ann Elvy
Articles & Chapters
Growing demands for privacy and increases in the quantity and variety of consumer data have engendered various business offerings to allow companies, and in some instances consumers, to capitalize on these developments. One such example is the emerging “personal data economy” (PDE) in which companies, such as Datacoup, purchase data directly from individuals. At the opposite end of the spectrum, the “pay-for-privacy” (PFP) model requires consumers to pay an additional fee to prevent their data from being collected and mined for advertising purposes. This Article conducts a simultaneous in-depth exploration of the impact of burgeoning PDE and PFP models. It …
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Articles & Chapters
This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a preinternet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. If it existed then, it should adapt to today’s realities. Second, I argue that a campus presence requirement for regulating any kind of off-campus …
Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy
Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy
Articles & Chapters
The Internet of Things (IOT) has been described by the American Bar Association as "one of the fastest emerging," potentially most "transformative and disruptive technological developments" in recent years. Thesecurity risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2's applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC's stated goals of …
Administering Patent Litigation, Jacob S. Sherkow
Administering Patent Litigation, Jacob S. Sherkow
Articles & Chapters
Recent patent litigation reform efforts have focused on every branch of government — Congress, the President, and the federal courts — save the fourth: administrative agencies. Agencies, however, possess a variety of functions in patent litigation: they serve as “gatekeepers” to litigation in federal court; they provide scientific and technical expertise to patent disputes; they review patent litigation to fulfill their own mandates; and they serve, in several instances, as entirely alternative fora to federal litigation. Understanding administrative agencies’ functions in managing or directing, i.e., “administrating,” patent litigation sheds both descriptive and normative insight on several aspects of patent reform. …
Privacy As Trust: Sharing Personal Information In A Networked World, Ari Ezra Waldman
Privacy As Trust: Sharing Personal Information In A Networked World, Ari Ezra Waldman
Articles & Chapters
This Article is the first in a series on the legal and sociological aspects of privacy, arguing that private contexts are defined by relationships of trust among individuals. The argument reorients privacy scholarship from an individual right to social relationships of disclosure. This has implications for a wide variety of vexing problems of modern privacy law, from limited disclosures to “revenge porn.”
The common everyday understanding is that privacy is about choice, autonomy, and individual freedom. It encompasses the individual’s right to determine what he will keep hidden and what, how, and when he will disclose to the public. Privacy …
The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12
The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12
NYLS Law Review
No abstract provided.
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
Articles & Chapters
Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …
Hostile Educational Environments, Ari Ezra Waldman
Hostile Educational Environments, Ari Ezra Waldman
Articles & Chapters
This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on the nature of the offending behavior. For students who are punished for a single incident – what I will call cyberattacking – a Tinker analysis makes sense. But, given that Tinker’s “substantial disruption” standard originated in the context of student protests and that targeted identity-based harassment can create substantial disruptions …
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill
NYLS Law Review
No abstract provided.
Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus
Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus
NYLS Law Review
No abstract provided.
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Articles & Chapters
This Article begins a theoretical and empirical discussion on bullying and cyberharassment of all students, but particularly gay and lesbian youth. Despite the recent spate of bullying-related suicides, I argue that antibullying proposals that include harsh criminal punishments for egregious cases of bullying and cyberbullying in schools lack validity as a matter of legal theory and practice. In fact, it is what makes criminalization so initially attractive — that is, the public’s emotional and retributive need for punishments equal to bullying tragedies — that ultimately leaves the proposal devoid of reason. Criminalization proposals only satisfy retributive aims and are unlikely …
D Is For Digitize: An Introduction, James Grimmelmann
D Is For Digitize: An Introduction, James Grimmelmann
NYLS Law Review
No abstract provided.
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
NYLS Law Review
No abstract provided.