Cyberstalking, And The Internet Landscape We Have Constructed, 2009 Harvard Law School
Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer
Merritt Rachel Baer
Criminalizing behavior online will necessarily test Constititional rights in novel ways; cyberstalking, as a crime of accumulated words, challenges the First Amendment overtly. This article shows the disconnect between the rationale for criminalizing cyberstalking, and the application and enforcement of statutes addressing stalking online. The multidimensional harms in cyberstalking force us to transcend kinetic-world frameworks and recognize that the Internet is not merely a new medium for speech but a space in which actions occur. Because patterns of victiminization create dynamics of domination, cyberstalking’s impact inserts itself into and molds the Internet landscape. This article argues for a consistent ...
Prosser's Privacy Law: A Mixed Legacy, 2009 Washington University in St Louis
Prosser's Privacy Law: A Mixed Legacy, Neil Richards, Daniel Solove
Neil M Richards
This article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort ...
Islamic Financial System Rescue To The Global Financial Crisis A Study On The Origin Of Subprime Mortgage Crisis And Rescue Offered By Islamic Financial System, Shafaq Khan
The severity of the Subprime mortgage crisis has traumatised the foundations of the conventional financial system and has led to the search for cure of losses suffered and reforms against such crisis in future. During this crisis we have witnessed the impacts of irregularities done and insufficient monitoring of the complex financial products in the financial market. Standard regulations in the loan industry under conventional financial system proved to be insufficient to tackle the crisis. During the Subprime mortgage crisis, when the hot real estate markets were converting into foreclosure capitals, Islamic financial market was impervious from its impacts. This ...
Tribal Land Laws In Andhra Pradesh, 2009 NALSAR University of Law
Tribal Land Laws In Andhra Pradesh, Hari Priya
No abstract provided.
Comparative Advertising And The Tort Of Generic Disparagement, 2009 Selected Works
Comparative Advertising And The Tort Of Generic Disparagement, Arpan Banerjee
Discusses precedents on trademark dilution and tortious disparagement (malicious falsehood) in India and the UK, with respect to comparative advertising disputes. Discusses the creation of a tort of "generic disparagement" by Indian courts
Political Censorship And Indian Cinematographic Laws: A Functionalist Liberal Analysis, Arpan Banerjee
Discusses the censorship of political films in colonial and contemporary India. Examines the Cinematograph Act 1952.
Judicial Safeguards Against “Trial By Media”: Should Blasi’S "Checking Value” Theory Apply In India?, Arpan Banerjee
Discusses the "trial by media" phenomenon India. Examines case law on pre-trial publicity and contempt of court.
Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, 2009 Northwestern University
Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders
Amy Kristin Sanders
Noncitizens And Citizens United, 2009 Harvard Law School
Noncitizens And Citizens United, James Ianelli
No abstract provided.
Section 4 Of The Hindu Succession Act Of 1956, 2009 NALSAR University of Law
Section 4 Of The Hindu Succession Act Of 1956, Hari Priya
A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, 2009 Harvard Law School
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson
Gregory M Dickinson
Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors of offensive content. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct.
This analysis, which examines the text and history of Section 230 in light of two strains of pre-Internet vicarious liability defamation doctrine, concludes that the immunity provision of Section 230, though ...
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, 2009 New York Law School
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm
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 ...