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What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo 2021 University of Pennsylvania Carey Law School

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

Faculty Scholarship at Penn Law

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated ...


Deep Fakes: The Algorithms That Create And Detect Them And The National Security Risks They Pose, Nick Dunard 2021 James Madison University

Deep Fakes: The Algorithms That Create And Detect Them And The National Security Risks They Pose, Nick Dunard

James Madison Undergraduate Research Journal (JMURJ)

The dissemination of deep fakes for nefarious purposes poses significant national security risks to the United States, requiring an urgent development of technologies to detect their use and strategies to mitigate their effects. Deep fakes are images and videos created by or with the assistance of AI algorithms in which a person’s likeness, actions, or words have been replaced by someone else’s to deceive an audience. Often created with the help of generative adversarial networks, deep fakes can be used to blackmail, harass, exploit, and intimidate individuals and businesses; in large-scale disinformation campaigns, they can incite political tensions ...


Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo 2021 University of San Diego

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address ...


Shenanigans (Internet Takedown Edition), Eugene Volokh 2021 UCLA School of Law

Shenanigans (Internet Takedown Edition), Eugene Volokh

Utah Law Review

Protecting one’s own reputation and livelihood—whether protecting it against lies, against opinions, or against the truth—is likely high on many people’s willing-to-lie-for lists. Making money is, too. Yet though I don’t think of myself as naïve on this score, the sheer magnitude and brazenness of these schemes surprised me. My sense is that it surprised many of my colleagues. Perhaps it surprised you. And this reminder of just how common fraud can be might help keep us alert to shenanigans in many other fields as well— and might help us design systems that deal better ...


Application Of The Due Diligence Principle To Cyber Operations, Tomohiro Mikanagi 2021 U.S. Naval War College

Application Of The Due Diligence Principle To Cyber Operations, Tomohiro Mikanagi

International Law Studies

The discreet use of proxies by States renders it difficult to prove attribution to States under the existing rules of attribution. On the other hand, the due diligence principle, if applicable, does not require attribution but can lead to the invocation of State responsibility for cyber operations emanating from the territory of other States. In the Corfu Channel judgment the ICJ recognized “every State’s obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States,” and UN Member States agreed that existing international law applies to cyber operations. However, the UN ...


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller 2021 University of California, Hastings College of the Law

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

Hastings Communications and Entertainment Law Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually ...


Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin 2021 University of California, Hastings College of the Law

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

Hastings Communications and Entertainment Law Journal

No abstract provided.


A “Journey” Through Band Agreements, Jordan M. Whitford 2021 University of California, Hastings College of the Law

A “Journey” Through Band Agreements, Jordan M. Whitford

Hastings Communications and Entertainment Law Journal

No abstract provided.


Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman 2021 Technology, Law & Security Program

Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman

Joint PIJIP/TLS Research Paper Series

No abstract provided.


How Should We Regulate The Internet? A Proposal, Natalie Petruzelli 2021 St. John Fisher College

How Should We Regulate The Internet? A Proposal, Natalie Petruzelli

The Review: A Journal of Undergraduate Student Research

With the invention of the internet providing newfangled methods of spreading information around the world, misinformation has also found home in these pathways, disrupting the general public’s ability to discern fact from fiction and creating divides in society. Regulation must be enacted to stop the effects of misinformation, but the efforts of technology companies and the general public have been insufficient thus far. Regulatory control of the internet and its content should be the responsibility of the government, based on their constitutional right to intervene under certain circumstances and the fact that previous efforts by other parties to mitigate ...


Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver 2021 University of Mississippi

Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver

Honors Theses

From the onset of the republic, the liberty to speak freely and debate openly has stood guard and helped preserve all other American rights. While this concept has endured, the means by which it exists in society has changed immensely. As the public forum has evolved to fit the modern needs of the citizenry, political discourse has become less a defense against tyranny and more a chaotic space of conflicting opinions.

In the United States, privately-owned social media companies have grown at an unprecedented rate, yet lawmakers have been slow to exercise any authority to regulate these corporations. For public ...


Fake News (& Deep Fakes) And Democratic Discourse, Russell L. Weaver 2021 University of Florida Levin College of Law

Fake News (& Deep Fakes) And Democratic Discourse, Russell L. Weaver

Journal of Technology Law & Policy

This Article explores the problems related to fake news, bots and deep fakes. In addition to discussing the problems that they pose for public debate, it examines whether society has effective ways to deal with these problems.


Fcc Process Reforms Protect The Rule Of Law, Daniel A. Lyons 2021 Boston College Law School

Fcc Process Reforms Protect The Rule Of Law, Daniel A. Lyons

Boston College Law School Faculty Papers

On the eve of independence, John Adams famously argued that ours should be “a government of laws and not of men.” This warning should echo even more loudly through our current era, when the administrative state has eroded many of the structural safeguards designed to protect the rule of law. Strict judicial enforcement of the separation of powers and nondelegation has yielded to our faith in expert agencies to make important governance decisions. This tradeoff may be, in the Supreme Court’s words, a necessary concession to an “increasingly complex society.” But it highlights the importance of internal safeguards designed ...


The Constitutional Political Decentralization In The United Arab Emirates, Dr. Dawoud Abdulrazzak Ebaz Associate Professor. Public Law. Faculty of Sharia law-UAE 2021 United Arab Emirates University

The Constitutional Political Decentralization In The United Arab Emirates, Dr. Dawoud Abdulrazzak Ebaz Associate Professor. Public Law. Faculty Of Sharia Law-Uae

Journal Sharia and Law

This research aims to discuss the constitutional political decentralization as a method of constitutional organization in allocating jurisdictions between the Federation and its member States, and its indications. The research consits of three parts

I: Political decentralization comes with the federation.

2: The concept and identification of political decentralization.

3: Methods and indications of constitutional political decentralization in the United Arab Emirates.


The Control On In-Legislative Actions In Jordanian And Spanish Constitutions- الرقابة على الأعمال غير التشريعيـــة في النظامـيــــــن الدستورين الأردني والأسباني, Eid Ah. Alhosban 2021 Alalbayt University

The Control On In-Legislative Actions In Jordanian And Spanish Constitutions- الرقابة على الأعمال غير التشريعيـــة في النظامـيــــــن الدستورين الأردني والأسباني, Eid Ah. Alhosban

Journal Sharia and Law

The subject of Parliament actions needs more interest by Researchers, particularly those in-legislative ones, which mostly touch the individuals’ rights and freedom. In legislative actions -particularly the Parliament control, we see that efforts are paid to know whether such actions are constitutional or not, without any interest in the other section of these actions, i.e. the in-legislative ones.

Accordingly, this article gives models of some developed practices in the field of controlling in-legislative parliament actions, in order that we can benefit from them to urge legislators to develop our Jordanian law in this field


The Domain Names In The Global Informatics Net (Internet) The Concept And The Legal System, Dr.adnan sarhan 2021 Professor of Civil Law, Assistant Director for Branch Affairs, Former Dean of the Faculty of Law - University of Sharjah

The Domain Names In The Global Informatics Net (Internet) The Concept And The Legal System, Dr.Adnan Sarhan

Journal Sharia and Law

The foundation and the companies found a gap in the global informatic net that they can see all the world and frontage which demonstrate and sell the commodities and productions for the others .

Any computer , which has a connection with the net , must distinguish by digital address called (IP).It is a seariace of numbers written in four column suppurated by three dots like (169.18.15.06) ., Because of the difficulties to save and remember like this digital amount longing in feasible of using the internet and makes it more easy and accepted , Special tool created which is working ...


Reply ‘Stop’ To Cancel: Whether Receiving One Unwanted Marketing Text Message Confers Standing In Federal Court, Curtis R. Crooke 2021 Boston College Law School

Reply ‘Stop’ To Cancel: Whether Receiving One Unwanted Marketing Text Message Confers Standing In Federal Court, Curtis R. Crooke

Boston College Law Review

On August 28, 2019, the United States Court of Appeals for the Eleventh Circuit, in Salcedo v. Hanna, created a split regarding whether the receipt of a text message in violation of the Telephone Consumer Protection Act of 1991 (TCPA) confers standing to sue. The TCPA contains prohibitions on the use of telephonic equipment for telemarketing purposes, which the Federal Communications Commission (FCC) has interpreted to include text messaging. The Act also provides a private right of action for citizens to sue for violations if they have standing, meaning, in part, that they have suffered an injury. In Salcedo, the ...


How Far Are Fundamental, Basic Rights Morally Explicit In Constitutional Laws? (A Judicial, Constitutional Comparative Study), Eid Ah. Alhosban 2021 Alalbayt University

How Far Are Fundamental, Basic Rights Morally Explicit In Constitutional Laws? (A Judicial, Constitutional Comparative Study), Eid Ah. Alhosban

Journal Sharia and Law

The importance of the complimentary role of constitutionaljurisdiction in comparative constitutionalregimes is inherent in Basic, fundamental Rights and Public Freedoms and Liberties legislation. The acknowledgement of these rights morally is ambiguous in contemporary constitutionallaws.

This study deals with how far the aforementioned rights are morally explicit in constitutional laws.


A (Solicited) Call For Clarity: The Definition Of Automatic Telephone Dialing System After Gadelhak, Scott J. Sheltra 2021 Boston College Law School

A (Solicited) Call For Clarity: The Definition Of Automatic Telephone Dialing System After Gadelhak, Scott J. Sheltra

Boston College Law Review

In 2020, in Gadelhak v. AT&T Services, the United States Court of Appeals for the Seventh Circuit upheld the Northern District of Illinois’s ruling that a tool that sends text message surveys to consumers was not an automatic telephone dialing system under the Telephone Consumer Protection Act of 1991. The Seventh Circuit reached this decision by rendering a different interpretation for the statutory definition of an automatic dialer than the district court. Gadelhak widened an already substantial circuit court split regarding what technologies the Act covers. This Comment evaluates the strengths and shortcomings of the Seventh Circuit’s ...


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