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3,055 full-text articles. Page 6 of 48.

Table Of Contents, 2017 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs 2017 The Catholic University of America, Columbus School of Law

How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs

Catholic University Journal of Law and Technology

This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.


Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton 2017 Laton & Strain LLC

Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton

Catholic University Journal of Law and Technology

This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing ...


Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano 2017 Williams Mullen

Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano

Catholic University Journal of Law and Technology

No abstract provided.


Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland 2017 U.S. Department of Homeland Security

Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland

Catholic University Journal of Law and Technology

No abstract provided.


Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin 2017 Catholic University of America (Student)

Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin

Catholic University Journal of Law and Technology

No abstract provided.


Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones 2017 Catholic University of America (Student)

Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones

Catholic University Journal of Law and Technology

No abstract provided.


Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti 2017 Holland & Knight LLP

Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti

Catholic University Journal of Law and Technology

No abstract provided.


Can I Play Too? Transgender Student Athletes’ Inclusion In “Because Of Sex”, Paul Jones 2017 University of California, Hastings College of the Law

Can I Play Too? Transgender Student Athletes’ Inclusion In “Because Of Sex”, Paul Jones

Hastings Communications and Entertainment Law Journal

This article seeks to explore what remedies may be available to transgender student athletes in today's changing legal field. The law is scant as to whether transgender student athletes must be allowed to play on the sex-segregated teams which correspond with their gender identity. New legislation may not be needed. Title VII and Title IX may offer protections for transgender student athletes. The legislative and judicial tools already exist.

Several federal courts have included gender identity under Title VII, yet Title VII currently only protects people who are considered to be employees. There is now a movement across college ...


Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley 2017 University of California, Hastings College of the Law

Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley

Hastings Communications and Entertainment Law Journal

The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.

The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is ...


#Ncaa Vs. Student Athletes: An Empirical Analysis Of Ncaa Social Media Policies, Elizabeth M. Heintzelman 2017 University of California, Hastings College of the Law

#Ncaa Vs. Student Athletes: An Empirical Analysis Of Ncaa Social Media Policies, Elizabeth M. Heintzelman

Hastings Communications and Entertainment Law Journal

This article argues that the NCAA and its universities should not have any form of social media policy as it creates First and Fourth Amendment violations, as well as a liability for both the NCAA and its member schools. A social media policy should not limit constitutional rights, but rather any policy should educate the youth about important issues such as cyber-bullying, versus limiting constitutional rights. This article will focus on several issues: 1) whether the relationship between the NCAA and its student athletes constitutes an employer-employee relationship; 2) an evaluation of the social media policies concerning private employers and ...


Arbitration For The “Afflicted” — The Viability Of Arbitrating Defamation And Libel Claims Considering Ipso’S Pilot Program, Emma Altheide 2017 University of Missouri School of Law

Arbitration For The “Afflicted” — The Viability Of Arbitrating Defamation And Libel Claims Considering Ipso’S Pilot Program, Emma Altheide

Journal of Dispute Resolution

Filing suit for defamation or libel is signing up for an expensive and time-consuming endeavor. If it proceeds to trial, this type of litigation comes with high costs for both sides: potentially millions of dollars in legal fees, and years of court battles. Average judgments against defendant publishers are high, often because uncapped punitive damages are available. Plaintiffs may wait years to receive a judgment, only to spend a significant portion on attorneys’ fees. Given the inefficiency of the courts in handling defamation and libel claims, how might an alternative forum provide for a quicker process, with lower costs for ...


Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum 2017 American University Washington College of Law

Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum

American University Business Law Review

No abstract provided.


Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin 2017 University of Miami School of Law

Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin

Articles

It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.

This Article ...


Nonsense You Say, Nicholas W. Allard 2017 Brooklyn Law School

Nonsense You Say, Nicholas W. Allard

Faculty Scholarship

No abstract provided.


The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters 2017 University of Georgia

The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters

Scholarly Works

Many scholars have commented that the state action doctrine forecloses use of the First Amendment to constrain the policies and practices of online service providers. But few have comprehensively studied this issue, and the seminal article exploring “[c]yberspace and the [s]tate [a]ction [d]ebate” is fifteen years old, published before the U.S. Supreme Court reformulated the federal approach to state action. It is important to give the state action doctrine regular scholarly attention, not least because it is increasingly clear that “the private sector has a shared responsibility to help safeguard free expression.” It is critical ...


Broadband Privacy Within Network Neutrality: The Fcc's Application Of The Cpni Rules, Justin S. Brown 2016 University of South Florida

Broadband Privacy Within Network Neutrality: The Fcc's Application Of The Cpni Rules, Justin S. Brown

Justin S. Brown

No abstract provided.


Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko 2016 University of Georgia School of Law

Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko

Georgia Journal of International & Comparative Law

No abstract provided.


Unprotected And Unpersuaded: The Fcc's Flawed Merger Review Procedures, Trey O'Callaghan 2016 Duke Law

Unprotected And Unpersuaded: The Fcc's Flawed Merger Review Procedures, Trey O'Callaghan

Duke Law & Technology Review

In CBS Corporation v. FCC, the D.C. Circuit struck down the Federal Communication Commission’s rules for protecting confidential information that it collects during certain merger proceedings. In response, the Commission released a new order, pursuant to the Charter, Time Warner, and Bright House merger proceeding, for protecting confidential information. This iBrief analyzes the policy and legal implications of the Order, arguing that the Order is unlawful because it violates the Trade Secrets Act and notice-and-comment rulemaking requirements.


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons 2016 Boston College Law School

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


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