Social and Behavioral Sciences Commons^™

§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery

Catholic University Journal of Law and Technology

Famously imputed into First Amendment jurisprudence by Justice Oliver Wendell Holmes, the Marketplace of Ideas is a foundational paradigm in free speech theory. However, current trends in social discourse suggest the Marketplace has crashed. Conspiracy theories illustrate this crash as a story of unintended consequences and, paradoxically, a consequence of judicial and legislative efforts to prevent it. Acknowledging the popularity and widespread use of the internet and social media, I explore solutions to rejuvenate the Marketplace of Ideas and better align its prominence in First Amendment doctrine with the reality of the current speech landscape.

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …

The Economics Of Information And The Meaning Of Speech, Charles W. Collier

Catholic University Law Review

In common usage the communication of information is not sharply distinguished from the use of language or speech to make factual or propositional statements. So it should come as no surprise that one of the main legal justifications for protecting speech--that it underwrites a “marketplace of ideas” and thereby contributes to the search for truth--has strong parallels in the economic theory of information. “Indeed,” as Kenneth Arrow writes, “the market system as a whole has frequently been considered as an organization for the allocation of resources; the typical argument for its superiority to authoritative central allocation has been the greater …

The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine

Catholic University Journal of Law and Technology

No abstract provided.

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao

Catholic University Journal of Law and Technology

The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.

This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …

À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando

Catholic University Journal of Law and Technology

Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.

This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

Towards A Governance Model Of Ungovernable Prisons: How Recognition Of Inmate Organizations, Dialogue, And Mutual Respect Can Transform Violent Prisons In Latin America, José Luis Pérez Guadalupe, James Cavallaro, Lucia Nuñovero

Catholic University Law Review

Study of informal organizations in prisons in Latin America focuses on the exercise of control over daily life inside detention centers, including the extreme example of ‘self-government’ of and by those incarcerated. In Latin America, self-government occurs in the dangerous context of severe overcrowding, limited resources and poor services, aggravated by high levels of violence and illicit markets within prisons. The combination is highly volatile and poses grave dangers to the lives and wellbeing of detainees, authorities and often the larger society beyond prisons. This article considers one pioneering effort to overcome the unfettered control of prison by detainees: the …

Judicial Independence And Accountability: Withstanding Political Stress, Leah Wortham

Scholarly Articles

For democracy and the rule of law to function and flourish, important actors in the justice system need sufficient independence from politicians in power to act under rule of law rather than political pressure. The court system must offer a place where government action can be reviewed, challenged, and, when necessary, limited to protect constitutional and legal bounds, safeguard internationally-recognized human rights, and prevent departures from a fair and impartial system of law enforcement and dispute resolution. Courts also should offer a place where government officials can be held accountable. People within and outside a country need faith that court …

Demokracja Elektorska I Populistyczna Z Perspektywy Wyboru D. Trumpa Na Presydenta Usa, Rett R. Ludwikowski

Scholarly Articles

The article aims to investigate the effectiveness of the American system of "electoral democracy". Considering this problem from a comparative perspective, the author notes that the American system of "electoral college" has not become a universally accepted standard for countries with a federal system or states with ethnically strong regional centers. In essence, each presidential election in the United States which ended in the victory of one candidate in the general, popular election and the other in the Electoral College, resulted in inter-party conflicts, mass demonstrations of dissatisfaction of citizens disappointed by the US electoral system and even in the …

How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs

Catholic University Journal of Law and Technology

This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.

Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland

Catholic University Journal of Law and Technology

No abstract provided.

American Presidentialism In The Light Of Barack Obama’S Immigration Reform, Rett R. Ludwikowski, Anna Ludwikowski

Scholarly Articles

The main purpose of this article is to bring the reader into an atmosphere of intensity created by the political disputes about the need of immigration reform in the United States. It is unquestionable that problems of the immigrants, who for decades were crossing illegally American borders, contribute to internal political turbulence in this country. This article proceeds on the assumption, that the immigration related problems created a social melting pot which became one of the most serious challenges for the American policymakers. The confrontation of the President with Congress was inevitable. On the one hand, Obama’s administration started to …

Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

The Dual Degree: A Requirement In Search Of A Justification, Stephen E. Young

Scholarly Articles

No abstract provided.

Looking Beyond The Stacks: The Law Library As Place, Stephen E. Young

Scholarly Articles

No abstract provided.

Variables In Health Care Policy Making: Resolving A Quandary, George P. Smith Ii

Scholarly Articles

Contemporary debate in health care resource management is tied to a central moral issue: how to achieve the optimum level of reasonable or appropriate treatment based on the medical condition of each patient. Failure to tackle and resolve this issue in a confident and forthright manner ensures that the present approach to health care decision-making will continue in a state of indecisiveness if not, indeed, lethargy. Undergirding this moral issue is the foundational economic dilemma of controlling costs while limiting access to health care resources. Crafting a just solution to an equitable distribution of finite health care resources is, indeed, …

John Rawls’S Proffer To Believers: A Bargain Called, ‘The Idea Of Public Reason’, William J. Wagner

Scholarly Articles

No abstract provided.

Student Services In The 21st Century: Evolution And Innovation In Discovering Student Needs, Teaching Information Literacy, And Designing Library 2.0-Based Services, Frances M. Brillantine, Kumar Jayasuriya

Scholarly Articles

The authors discuss the changing library needs of law students as computers, technology, and legal publishing evolve. In order to track the evolving needs of students, the authors discuss ways that librarians can survey students and explain how focus groups and usability tests can provide further insights regarding students’ research skills and information needs. The article examines the literature regarding information literacy and suggests minimum standards for legal information literacy upon graduation, and the authors suggest new services that law librarians could create for law students. Next the authors examine the recent literature about Library 2.0 services, and offer suggestions …

Law Library Design Bookshelf-An Annotated Bibliography, Stephen G. Margeton

Scholarly Articles

Professor Margeton provides an annotated list of selected materials related to library design. The list is arranged by topic and includes books, book chapters, reports, and articles.

The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Paraprofessionals: Surpassing The Grade, Stephen G. Margeton

Scholarly Articles

No abstract provided.

Alma Mater Mentoring: Library Science Alumni Promote School And Profession, Stephen G. Margeton, Pamela Dragovich

Scholarly Articles

No abstract provided.

Of Legislative Histories And Librarians, Stephen G. Margeton

Scholarly Articles

Professor Margeton outlines the history of federal legislative history research, tracing the achievements of Washington, D.C., area law librarians and the Law Librarians' Society of the District of Columbia in compiling legislative histories, creating cooperative programs, and improving access to congressional materials.

State-Sponsored Domestic Terrorism: The Case Of Poland, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Soviet Constitutional Changes Of The Glasnost Era: A Historical Perspective, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Glasnost As A Conservative Revolution, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Scholarly Articles

This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.

Socialist Legal Theory In The Post-Pashukanis Era, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.