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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

The paper examines the distinction between "stored communications" and the greater privacy protection given to communications in the process of transmission under U.S. federal law. The issue arises in the context of voice mail, text messages, and email. Statutes examined include the Stored Communications Act, the Electronic Communications Privacy Act ("ECPA"), the Wiretap Act, and the language amending the Wiretap Act to eliminate storage from the definition of wire communication in the USA Patriot Act. Case discussions examine the development of the concept of "stored" communications. The emphasis is on recent cases after the USA Patriot Act and a ...


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

This note analyzes Lewis Milestone's classic film A//.Quiet on the Western Front in order to illustrate the importance of law in society. Philosophers and legal theorists have pondered endlessly on the importance of law and the roles it serves. Building upon the concepts such as the "social contract," the creators of our legal system carved out particular areas of laws to satisfy specific societal wants and needs. Milestone's war epic reveals how war destroys these legal institutions. The chaos of war and unaccountability for immoral acts shatters the foundation of law, bringing great suffering to the characters ...


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

Romantic relationships among co-workers: should employers have the right to suppress such activity? Employers often view the widespread practice of dating among co-workers as highly problematic. In light of increased sexual harassment suits, many employers attempt to limit or eliminate intimate relationships among employees through the institution of "no-fraternization" policies. The strictest of these policies allow for legal termination of employees that violate the policy's terms, and can include total prohibition of intimate relationships among co-workers. Employees argue that such bans, which also affect employees' off-duty intimate association, should be held unconstitutionally invasive of employees' privacy rights or invalid ...


More Than A Minor Inconvenience: The Case For Heightened Protection For Children Appearing On Reality Television, Katherine Neifeld 2010 University of California, Hastings College of the Law

More Than A Minor Inconvenience: The Case For Heightened Protection For Children Appearing On Reality Television, Katherine Neifeld

Hastings Communications and Entertainment Law Journal

Reality television is a genre that is both innovative in its use of traditional theatrical convention to display true life and paradoxical in its often perplexing definition of what is real. For minor children, however, the effects of participation in reality television production are heightened due to the unique nature of the genre. While protections for traditional child performers exist, the risks the minor participant on reality television faces are unique. The minor on reality television lacks formal recognition as a working child actor by the entertainment industry. Additionally, instead of playing a fictional character, the minor portrays his true ...


Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz 2010 University of Nevada, Las Vegas

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Publications

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it ...


The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams 2010 John Marshall Law School

The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams

The John Marshall Law Review

No abstract provided.


In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead 2010 John Marshall Law School

In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead

The John Marshall Law Review

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 at Penn Law

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 ...


Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford 2010 University of Kentucky

Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford

Kentucky Law Journal

No abstract provided.


Plurality Of Political Opinion And The Concentration Of Media In The United States, William B. Fisch 2010 University of Missouri School of Law

Plurality Of Political Opinion And The Concentration Of Media In The United States, William B. Fisch

Faculty Publications

This paper reviews regulatory efforts of the U.S. federal govern- ment to promote viewpoint diversity in broadcast media (radio, television, cable, and satellite) in the face of increasing concentration of ownership of such media, and the impact on such efforts of the free- doms of speech and press embodied in the First Amendment to the federal constitution. With respect to this issue, the regulatory work has been done overwhelmingly by the Federal Communications Commis- sion, operating under an act of Congress which has been amended from time to time to push the FCC in particular directions. The anti- trust ...


The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi 2010 University of Miami School of Law

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi

Articles

No abstract provided.


A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi 2010 University of Miami School of Law

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Articles

No abstract provided.


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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