Open Access. Powered by Scholars. Published by Universities.®

Communications Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,134 Full-Text Articles 2,512 Authors 1,048,308 Downloads 105 Institutions

All Articles in Communications Law

Faceted Search

3,134 full-text articles. Page 3 of 50.

The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders 2018 SJ Quinney College of Law, University of Utah

The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders

Utah Law Review

In a sense, war has not changed. The end results will always remain the same: death and destruction; even if that destruction is not fully tangible. The results may be instantaneous, or they may be delayed. It is only the means implemented to achieve these destructive ends that evolve. Cyberwarfare is a product of that evolution. Most importantly, we must always remain abreast of evolution and the changes in warfare in order to effectively and efficiently respond to new attacks, and to prevent them as well.

This Note sheds light on recent evolution in warfare. It enlightens the reader of ...


Unfaithful But Not Without Privacy Protections: The Seventh Circuit Addresses When Courts Should Consider An E-Mail Interception Unlawful In Epstein V. Epstein, Joseph Noreña 2018 Boston College Law School

Unfaithful But Not Without Privacy Protections: The Seventh Circuit Addresses When Courts Should Consider An E-Mail Interception Unlawful In Epstein V. Epstein, Joseph Noreña

Boston College Law Review

On December 14, 2016, the United States Court of Appeals for the Seventh Circuit, in Epstein v. Epstein, held that contemporaneousness is not a determinative factor at the pleadings stage of a claim for the unlawful interception of electronic communications under the Federal Wiretap Act (“FWA”). In so doing, the Seventh Circuit partly departed from the way in which other Federal Circuit Courts had previously considered the statutory language of the FWA, specifically the definitions of “electronic communication” and “intercept” under 18 U.S.C. § 2510(4), (12). This Comment argues that the Seventh Circuit’s holding that contemporaneousness is ...


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer 2018 Brandman University

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Privacy, Screened Out: Analyzing The Threat To Individual Privacy Rights And Fifth Amendment Protections In State V. Stahl, Jesse Coulon 2018 Boston College Law School

Privacy, Screened Out: Analyzing The Threat To Individual Privacy Rights And Fifth Amendment Protections In State V. Stahl, Jesse Coulon

Boston College Law Review

Courts across the United States have applied Fifth Amendment protections to passcodes, as long as those passcodes are not a foregone conclusion. In order for a court to determine that a passcode is a forgone conclusion, and thus not testimonial in nature, the prosecution must show that they knew the existence, possession, and authenticity of the evidence that would be discovered by the compelled passcode, before the passcode is compelled. The foregone conclusion doctrine was established, and had been used, to balance the need of law enforcement to gather incriminating evidence while still protecting defendants’ Fifth Amendment rights. In 2016 ...


Legal Limbo: The Fifth Circuit's Decision In Turner V. Driver Fails To Clarify The Contours Of The Public's First Amendment Right To Record The Police, Stephanie Johnson 2018 Boston College Law School

Legal Limbo: The Fifth Circuit's Decision In Turner V. Driver Fails To Clarify The Contours Of The Public's First Amendment Right To Record The Police, Stephanie Johnson

Boston College Law Review

On February 16, 2017, the U.S. Court of Appeals for the Fifth Circuit, in Turner v. Driver, held that the public has a First Amendment right to record the police that is subject only to reasonable time, place, and manner restrictions. Although Turner established that the public has a First Amendment right to film the police, the decision skirted the question of whether the particular conduct in Turner—video recording police activity and/or video recording the police station—was an activity protected by the First Amendment. This Comment argues that the Fifth Circuit erred in not clarifying the ...


Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan 2018 Roger Williams University School of Law

Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan

Life of the Law School (1993- )

No abstract provided.


Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George 2018 S.J. Quinney College of Law, University of Utah

Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George

Utah Law Faculty Scholarship

This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. This article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector companies ...


The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim 2018 Indiana University

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept ...


Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger 2018 Boston College Law School

Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger

Boston College Law Review

A growing number of private lawsuits allege that businesses are violating Title III of the Americans with Disabilities Act because their websites are inaccessible to disabled individuals. Courts remain divided, however, on the extent to which commercial websites are covered under Title III. Additionally, the Department of Justice has not promulgated commercial web accessibility regulations—adding further uncertainty to the private enforcement regime. This Note argues that Title III broadly covers commercial websites, but that private enforcement is not positioned to spur lasting, broad-based Title III compliance. It proposes that large-scale litigation, state attorney general action, and state laws should ...


If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch 2018 Boston College Law School

If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch

Boston College Law Review

In United States v. Dahda, the U.S. Court of Appeals for the Tenth Circuit held that, under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (“Title III”), the lower court properly denied Dahda’s motion to suppress evidence gathered by law enforcement using a mobile interception device—a device that wiretaps cell phones. A key part of the decision focused on the definition of mobile interception devices. The Tenth Circuit defined them as devices used to intercept communications that are movable. The Seventh Circuit, in contrast, has defined mobile interception devices as devices used ...


The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson 2018 National Center on Sexual Exploitation

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal on Sexual Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization ...


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Contents, 2018 The Catholic University of America, Columbus School of Law

Contents

Catholic University Journal of Law and Technology

No abstract provided.


Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan 2018 University of California, Hastings College of the Law

Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan

Hastings Communications and Entertainment Law Journal

This paper addresses the current federal laws that prohibits sports gambling. It argues that the introduction of a well-regulated and transparent gambling industry may serve greater protections than what is provided by the law. Politicians are sensibly acknowledging the realities of sports gambling and its benefits. The current political climate, under a Trump Presidency, is ideal for legalizing this form of gambling. Part I of this note will reflect on the most recent history of sports gambling laws. It will draw on New Jersey’s legal struggles, the sports evolution of Las Vegas, and the relevant Daily Fantasy Sports controversy ...


From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott 2018 University of California, Hastings College of the Law

From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott

Hastings Communications and Entertainment Law Journal

This Article was selected from Volume 13, Number 2 of the Hastings Communications and Entertainment Law Journal. In light of President Donald Trump’s threats to change the current libel law, this Article was selected to address topics including Jerry Falwell’s unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation for name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputation by raising suspicions that statements are based on facts that are merely stretched.


Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis 2018 University of California, Hastings College of the Law

Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis

Hastings Communications and Entertainment Law Journal

This paper seeks to establish that the United States has a quasi-obligation to enact comprehensive moral rights legislation to remain compliant with the minimum protection standards set forth by the Berne Convention of 1886. In order to alleviate the anticipated economic and societal concerns stemming from this idea, this paper presents musical compositions as the initial work of authorship to receive moral rights, gradually easing the United States’ transition into full compliance with the Berne Convention. Part I of this paper will cover a brief history of music law in the United States, focusing on how the exclusive rights granted ...


Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez 2018 Washington University in St. Louis

Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez

Washington University Global Studies Law Review

This note will examine the existing access to legal aid, employment, recourse, and education in various deaf cultures and societies. The goal is a comparative study into how the DHH communities are accepted, valued, and prioritized in different countries, and how that translates into legal infrastructure, in the form of governmentally-mandated statues, regulations, public accommodations, and legal education. This will consist of a brief history into the recognition, labeling, and acceptance of deaf citizens in ancient and modern cultures, the path to a society’s awareness and eventual recognition of deaf citizens, and how the various levels of awareness differ ...


We Want Wi-Fi: The Fcc’S Intervention In Municipal Broadband Networks, Catherine L. Schwarze 2018 J.D./LLM (2018) Washington University School of Law

We Want Wi-Fi: The Fcc’S Intervention In Municipal Broadband Networks, Catherine L. Schwarze

Washington University Journal of Law & Policy

This note examines a Sixth Circuit ruling against the Federal Communication Commission which found that North Carolina and Tennessee had the authority to limit expansion of municipal broadband services. Schwarze argues that Tennessee v. FCC greatly interferes with the mission of the FCC to spread communications access and proposes a solution by way of a partnership among state governments, municipalities, and private broadband companies to increase access to high-speed internet to areas that lack such services.


Protecting The Democratic Role Of The Press: A Legal Solution To Fake News, Andrea Butler 2018 Washington University in St. Louis

Protecting The Democratic Role Of The Press: A Legal Solution To Fake News, Andrea Butler

Washington University Law Review

It is difficult to discuss the 2016 presidential election without including the impact of fake news in the conversation, and most commentators deplore the effect of fake news’ proliferation across the internet on American politics and the public. These conversations have centered on the impact fake news had on the presidential election, as well as concerns that the general public is unable to identify fake news. There have even been more immediately dangerous consequences stemming from fake news, such as a gunman showing up to a D.C. pizzeria to liberate children he believed Hillary Clinton was holding hostage there ...


Native Advertising In Social Media: Is The Ftc’S “Reasonable Consumer” Reasonable?, Celine Shirooni 2018 J.D. (2018) Washington University School of Law

Native Advertising In Social Media: Is The Ftc’S “Reasonable Consumer” Reasonable?, Celine Shirooni

Washington University Journal of Law & Policy

This note explores native advertising – advertising that has a semblance of editorial content – on social media how the Federal Trade Commission has struggled to address concerns about the ethical implications of the practice. Shirooni argues that the “reasonable consumer” test used by the FTC to determine whether an advertisement is deceptive is both outdated and too broad in the context of social media and proposes a modification of the test to fit the expectations of the typical user of social media applications.


Digital Commons powered by bepress