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2,999 full-text articles. Page 47 of 47.

Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw 2010 University of California, Hastings College of the Law

Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw

Hastings Communications and Entertainment Law Journal

No abstract provided.


Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang 2010 University of California, Hastings College of the Law

Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang

Hastings Communications and Entertainment Law Journal

No abstract provided.


Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter 2010 University of California, Hastings College of the Law

Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Agony Of War And A World Without Law, Josh Zetlin 2010 University of California, Hastings College of the Law

The Agony Of War And A World Without Law, Josh Zetlin

Hastings Communications and Entertainment Law Journal

No abstract provided.


Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp 2010 University of California, Hastings College of the Law

Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp

Hastings Communications and Entertainment Law Journal

No abstract provided.


Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes 2010 University of California, Hastings College of the Law

Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes

Hastings Communications and Entertainment Law Journal

No abstract provided.


The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri Day 2010 University of California, Hastings College of the Law

The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri Day

Hastings Communications and Entertainment Law Journal

No abstract provided.


Citizens United And The Future Of Fcc Content Regulation, Elizabeth Elices 2010 University of California, Hastings College of the Law

Citizens United And The Future Of Fcc Content Regulation, Elizabeth Elices

Hastings Communications and Entertainment Law Journal

No abstract provided.


Regulating Relationships Between Competing Broadcasters, Christopher S. Reed 2010 University of California, Hastings College of the Law

Regulating Relationships Between Competing Broadcasters, Christopher S. Reed

Hastings Communications and Entertainment Law Journal

No abstract provided.


Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo 2010 University of Pennsylvania Law School

Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo

Faculty Scholarship

The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering, multihoming, secondary peering, server farms, and content delivery networks, have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Moreover, network providers have begun to employ an increasingly varied array of business arrangements. Some of these innovations are responses to the growing importance of peer-to-peer technologies. Others ...


Lessons From The Financial Crisis, Maurice Stucke 2009 University of Tennessee

Lessons From The Financial Crisis, Maurice Stucke

Maurice E Stucke

What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?

In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses the issue of systemic risk posed by mergers generally and those in the financial services industries specifically. The federal government heard concerns in the 1990s about mega-mergers in the financial industry. The Department of Justice, for example, heard concerns that the Citibank-Travelers merger would create an institution too ...


When A Monopolist Deceives, Maurice Stucke 2009 University of Tennessee

When A Monopolist Deceives, Maurice Stucke

Maurice E Stucke

This essay uses one context - a monopolist’s deceptive advertising or product disparagement - to illustrate how competition authorities and courts should evaluate a monopolist’s deception under the federal antitrust laws. Competition authorities should target a monopolist’s anticompetitive deception, which courts should treat as a prima facie violation of the Sherman Act without requiring a full-blown rule of reason analysis or an arbitrary, multi-factor standard.


Antitrust 2025, Maurice Stucke 2009 University of Tennessee

Antitrust 2025, Maurice Stucke

Maurice E Stucke

Antitrust policy in the United States has roughly twenty to thirty year cycles. So if past cycles are reliable indicators of future ones, we are at (or approaching) a new antitrust policy cycle, with 2025 being the approximate midpoint.

Any new policy cycle will be defined by three fundamental questions: a. What is competition? b. What are the goals of competition law? c. What should be the legal standards to promote these goals?

Rather than predict the state of antitrust policy in 2025 (such as more or less cartel enforcement), this Essay maps two scenarios based on these three fundamental ...


The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland 2009 Marquette University

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

Erik Ugland

No abstract provided.


The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons 2009 Boston College Law School

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.


Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders 2009 Northwestern University

Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders

Amy Kristin Sanders

The traditional public-figure doctrine must be adapted to the new faces of online media and the ever-changing conversation outlets available to news consumers on the Internet. After reviewing the traditional tests for plaintiff status determinations in defamation cases, this article establishes a legal standard that American courts should use to determine plaintiff status in cases involving bloggers who sue for defamation. It establishes the proper level of notoriety bloggers must attain before they are considered limited-purpose public figures. Using specific examples from relevant jurisprudence involving both traditional media defamation cases and online defamation cases, this article outlines a three-part test ...


Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe 2009 Marquette University

Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe

Erik Ugland

One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that ...


Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm 2009 New York Law School

Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm

James Grimmelmann

In The Future of the Internet--And How to Stop It, Jonathan Zittrain argues that the Internet has succeeded because it is uniquely "generative": individuals can use it in ways its creators never imagined. This Book Review uses the Apple II and the iPhone--the hero and the villain of the story as Zittrain tells it--to show both the strengths and the weaknesses of his argument. Descriptively and normatively, Zittrain has nailed it. Generativity elegantly combines prior theories into a succinct explanation of the technical characteristics that make the Internet what it is, and the book offers a strong argument that preserving ...


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