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How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons 2017 Boston College Law School

How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Investment Treaties Are About Justice, Frank J. Garcia 2017 Boston College Law School

Investment Treaties Are About Justice, Frank J. Garcia

Frank J. Garcia

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of investment capital.


Websites As Facilities Under Ada Title Iii, Ryan C. Brunner 2017 Duke Law

Websites As Facilities Under Ada Title Iii, Ryan C. Brunner

Duke Law & Technology Review

Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies to websites that offer services to the public, but this debate may be resolved in the coming years by litigation or Department of Justice regulations. Assuming for the sake of argument that Title III will eventually be applied to websites, the next inquiry is what that application should look like. The regulatory definition of “facilities” should be amended to include nonphysical places ...


Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones 2017 Georgia State University College of Law

Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones

Georgia State University Law Review

Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.

Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls ...


Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael 2017 DePaul University College of Law

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon 2017 Fordham University School of Law

Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon

Fordham Law Review

Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly ...


Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King 2017 College of William & Mary Law School

Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King

William & Mary Law Review

No abstract provided.


Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones 2017 Duke Law

Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones

Duke Law & Technology Review

Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums calling into question who may control speech and forecast its impact, the circuit courts have granted public schools broad authority to monitor, and punish, their students for online activity that occurs off-campus. The Supreme Court recently declined the opportunity to reverse this disturbing trend by denying certiorari for Bell v. Itawamba County. As a result, questions remain unanswered regarding students’ right to ...


Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik 2017 Boston College Law School

Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik

Boston College Law Review

On April 29, 2016, in Yershov v. Gannett Satellite Information Network, Inc. (“Yershov II”), the U.S. Court of Appeals for the First Circuit held that the Video Privacy Protection Act (“VPPA”) of 1988 extended to a free application provider who disclosed its users’ GPS coordinates, phone identification numbers, and video histories to a data analytics company. In a similar case, the U.S. Court of Appeals for the Eleventh Circuit held that the VPPA did not apply because the relationship was too weak to render the user a “subscriber” under the Act. The U.S. Court of Appeals for ...


Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies 2017 Roger Williams University School of Law

Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies

Life of the Law School (1993- )

No abstract provided.


The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio 2017 College of William & Mary Law School

The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio

William & Mary Business Law Review

States have reacted to the rise of Internet commerce as any governmental body would, with a “hungry eye” for increased tax revenue. Despite the Supreme Court’s holding in Quill, and constitutional limitations on state tax jurisdiction, states have developed their own nexus statutes that run afoul of the Court’s bright-line physical presence rule. What is more, “brick and mortar” establishments interested in “leveling the playing field” with their high-tech competition wholeheartedly support the states in their endeavor. In proposing the Marketplace Fairness Act (MFA), a bill intended to restore state sovereignty regarding sales and use tax laws, Congress ...


Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter 2017 St. John's University School of Law

Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter

Journal of Civil Rights and Economic Development

No abstract provided.


Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green 2017 Boston College Law School

Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green

Boston College Law Review

The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing ...


Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell 2017 Georgetown University Law Center

Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell

Georgetown Law Faculty Publications and Other Works

This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.

Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids ...


Scientists & Librarians Turn To “End Of Presidential Term” Web Archive To Safeguard Climate Change Data, Alyssa S. Rosen 2017 Elisabeth Haub School of Law at Pace University

Scientists & Librarians Turn To “End Of Presidential Term” Web Archive To Safeguard Climate Change Data, Alyssa S. Rosen

Pace Law Faculty Publications

In anticipation of president-elect Donald Trump’s taking office, scientists have been working round the clock to safeguard federal government climate change data. Many academics and librarians share the concern that federal .gov climate data and information, for example from the EPA and NOAA websites, will be lost or become unavailable with the transition to the new administration. Fact is, a large percentage of information on federal government servers, including digital federal records, reports, and research, is not protected by any law or agency mandate, and can vanish within days of the arrival of a new president.


Masthead, 2017 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


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.


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.


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.


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.


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