A Mother Goose Guide To Legal Writing, 2014 SelectedWorks
A Mother Goose Guide To Legal Writing, Jessica Ronay
An original substantive poem with footnotes and explanatory paragraphs that provides examples and explanations of legal writing rules, illustrates the nuances of legal writing, and untangles the challenging legal writing concepts for students, professors, scholars, and practitioners.
Drones, 2014 Chicago-Kent College of Law
Drones, Henry H. Perritt Jr., Eliot O. Sprague
Henry H. Perritt, Jr.
Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.
Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.
This article ...
New Models And Conflicts In The Interconnection And Delivery, 2014 SelectedWorks
New Models And Conflicts In The Interconnection And Delivery, Rob Frieden
As the Internet has evolved and diversified, interconnection terms and conditions have changed between Internet Service Providers (“ISPs”). These carriers experiment with alternatives to conventional models that classify interconnection as either peering or transiting. The former typically involves interconnection between high capacity carriers whose transoceanic traffic volumes generally match thereby eliminating the need for a transfer of funds. Historically smaller carriers have paid transit fees to larger Tier-1 ISPs for the opportunity to secure upstream links throughout the Internet cloud.
With the growing availability of bandwidth intensive, video content carried via the Internet, traffic volume disparities have increased between ISPs ...
Net Bias And The Treatment Of “Mission-Critical” Bits, 2014 SelectedWorks
Net Bias And The Treatment Of “Mission-Critical” Bits, Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any distribution format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a particular channel and in a single presentation format.
This paper assesses whether and how Internet Service Providers (“ISPs”) can ...
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, 2014 University of Miami
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Abstract: As technology undermines the economic model supporting traditional newspapers, power shifts from the watchdog press to those it watches. Worldwide calls for increased press “responsibility” are one result. Pending British press reform provides a troubling example with far-ranging implications for freedom of the press. Under the guise of modest press self-regulation, the U.K. is currently poised to upend 300 years of press freedom via the recently-approved Royal Charter for Self-Regulation of the Press. The Royal Charter was adopted in response to the moral panic engendered by Britain’s tabloid phone-hacking scandal. An example of 20th Century regulation ...
Bare Necessities: The Argument For A “Revenge Porn” Exception In Section 230 Immunity, Allison L. Tungate
Allison L Tungate
No abstract provided.
Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, 2014 SelectedWorks
Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman
Bill D. Herman
With the exponential increases in online information, internet search engines have helped fill a substantial and growing need for the capacity to sort through and manage data. News outlets in general and newspapers in particular are among the most socially important sources of online content being indexed, and these outlets are faring rather poorly in the internet economy. Both of these sectors are thus in a precarious, potentially conflicted relationship, with copyright law serving as the primary legal basis for mediating the relationship. A 2013 decision, Associated Press v. Meltwater, is one recent attempt to mediate this relationship. In it ...
The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, 2014 Seattle University School of Law
The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer
Seattle University Law Review
Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 ...
Federal And State Authority For Network Neutrality And Broadband Regulation, 2014 SelectedWorks
Federal And State Authority For Network Neutrality And Broadband Regulation, Tejas N. Narechania
Tejas N. Narechania
For the second time in less than four years, the D.C. Circuit has rebuffed the Federal Communications Commission’s attempt at imposing network neutrality rules on internet traffic. But in so doing, the D.C. Circuit affirmed the FCC’s theory of jurisdiction based on section 706 of the Telecommunications Act of 1996. This ruling has the significant effect of transforming a questionable source of authority into what may become the Commission’s most significant font of regulatory power.
Surprisingly, section 706 seems to give the Commission the power to implement a slightly revised set of network neutrality rules ...
Peering Into The Comcast-Netflix Deal, 2014 Boston College Law School
Peering Into The Comcast-Netflix Deal, Daniel A. Lyons
Boston College Law School Faculty Papers
No abstract provided.
Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, 2014 Boston College Law School
Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, Kathryn Manza
Boston College International and Comparative Law Review
Although American courts provide wide discretion for freedom of the press, the Convention for the Protection of Human Rights and Fundamental Freedoms ensures that the right to privacy enjoys equal footing with freedom of expression in Europe. When navigating the grey areas between these two frequently opposing rights, the European Court of Human Rights allows private information about a public figure to be published only to the extent the information contributes to the public interest. In Axel Springer AG v. Germany, the court missed a valuable opportunity to provide a clear standard for what the public interest encompasses. Although the ...
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
No abstract provided.
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark A. Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits – along ...
The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, 2014 Boston College Law School
The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, Evan O'Connor
Boston College Law Review
On May 17, 2013, the U.S. Court of Appeals for the First Circuit in United States v. Wurie held that the warrantless search of a cell phone was not justified by the search-incident-to-arrest exception to the Fourth Amendment and was thus an illegal search. In doing so, the court declined to agree with other federal appeals court solutions regarding this issue; most notably, the Fifth Circuit’s 2007 decision in United States v. Finley and the Seventh Circuit’s 2012 decision in United States v. Flores-Lopez. This Comment argues that the approaches taken by courts on both sides of ...
The Eye Of The Beholder: Participation And Impact In Telecommunications (De)Regulation, Dorit R. Reiss
Dorit R. Reiss
The California Public Utilities Commission addressed both pricing deregulation and universal service in telecommunications during the last decade. Both decisions had a similar cast of characters, and similarly elaborate processes. In relation to price deregulation, the utilities positions were accepted on every issue addressed; in relation to universal service, consumer organizations’ positions were accepted in about 60% of the issues. This article tells the story of how those decisions were made, and examines the reasons for the difference in impact. The article examines and reject an explanation of capture; accepts in part a focus on the influence of the commissioner ...
Response To Questions In The First White Paper, 'Modernizing The Communications Act', 2014 University of Pennsylvania Law School
Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo
The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?"
The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime ...
Abusing The Computer Fraud And Abuse Act: Why Broad Interpretations Of The Cfaa Fail, 2014 Hamline University's School of Law
Abusing The Computer Fraud And Abuse Act: Why Broad Interpretations Of The Cfaa Fail, Samantha Jensen
Hamline Law Review
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”
Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...
Emerging Technologies And Dwindling Speech, 2014 Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, 2014 Maurer School of Law: Indiana University
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Indiana Law Journal
No abstract provided.