Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, 2015 University of Michigan Law School
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Michigan Journal of International Law
The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", 2015 Chicago-Kent College of Law
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.
Henry H. Perritt, Jr.
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, 2015 Texas A&M University School of Law
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Meg Penrose
This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.
Tinkering With Success: College Athletes, Social Media And The First Amendment, 2015 Texas A&M University School of Law
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Meg Penrose
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis. In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
Toward A Textualist Paradigm For Interpreting Emoticons, 2015 Yale Law School
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.
Regulating Interconnection (Lightly!), 2015 Boston College Law School
Regulating Interconnection (Lightly!), Daniel A. Lyons
Daniel Lyons
No abstract provided.
Cutting Out The Middleman: Why "Look And Feel" Should Be Ignored In Trade Dress Law, 2015 St. John's University School of Law
Cutting Out The Middleman: Why "Look And Feel" Should Be Ignored In Trade Dress Law, Nicholas Dimarino
St. John's Law Review
(Excerpt)
Part I of this Note discusses the background and elements of general trade dress law. Part II discusses the narrower issue of "look and feel" in the context of websites and outlines how courts have currently addressed the "look and feel" issue. Part III proposes that courts ignore the artificial "look and feel" distinction and instead apply normal trade dress analyses and elements. This solution, which requires that courts adhere to a workable standard that serves the underlying purpose of trade dress law, allows recognition of the distinctive characteristics of website trade dress claims, while reducing the risk of …
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), 2015 John Marshall Law School
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Alberto Bernabe
No abstract provided.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, 2015 IIT Chicago-Kent College of Law
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.
All Faculty Scholarship
The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.
Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …
Why Confronting The Internet’S Dark Side?, 2015 University of Hull
Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor
raphael cohen-almagor
Raphael Cohen-Almagor, the author of Confronting the Internet's Dark Side, explains his motivation for exploring the dangerous side of the world wide web. This new book is the first comprehensive book on social responsibility on the Internet.
Assessing The Right To Be Forgotten, 2015 Boston College
Assessing The Right To Be Forgotten, Daniel Lyons
Daniel Lyons
Doj’S “All-Tools” Approach To Cyber And National Security, 2015 Roger Williams University School of Law
Doj’S “All-Tools” Approach To Cyber And National Security, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Continuing Battle Over Privacy Vs. Security, 2015 U. MD School of Law
The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Network Neutrality And The First Amendment, 2015 University of Michigan Law School
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Michigan Telecommunications & Technology Law Review
The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …
Why Education In The Law And Policy Of Cybersecurity Is A Must, 2015 University of Maryland Francis King Carey School of Law
Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker
Homeland Security Publications
No abstract provided.
Economies Of The Internet I: Intersections, 2015 Old Dominion University
Economies Of The Internet I: Intersections, Kylie Jarrett, Julia Velkova, Peter Jakobsson, Roderick Graham, David Gehring
Sociology & Criminal Justice Faculty Publications
The internet has increasingly been conceptualized as a space of economic activity. This contemporary imaginary has been particularly influenced by insights from the school of Autonomist Marxism in the foundational work of Tiziana Terranova and through the dominance of Christian Fuchs’ application of Marxist economic concepts. While this has generated great insight into the political economy of the internet, and in particular allowed for the conceptualization of user activity as labor, this approach is only one paradigm for considering the economic activities and implications of the internet. For internet research, there is also the need to move beyond the long …
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, 2015 Loyola Marymount University and Loyola Law School
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Loyola of Los Angeles Entertainment Law Review
This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, 2015 Author, Educator, Entrepreneur & Professional Corporate Director
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Lawrence J. Trautman Sr.
New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …
Future Strategies For Improving Consent In Electronic Contracting, 2015 Jinan University / Dacheng Law Offices
Future Strategies For Improving Consent In Electronic Contracting, Ran Bi
Ran Bi
China's economy has been running deep into an exciting phrase called “Internet +”. In North America, most businesses have online presence and conduct numerous transactions online. Unprecedentedly, electronic contracts have been governing more Individuals and corporations’ legal relationships in a growing proportion of businesses and everyday life.
E-contracts, usually with no physical architecture, are easy to “sign”—people just click one or two icons on a computer / smartphone screen after “reading” (scroll down) the contents. However, e-contracts are standard form contracts which are provided by vendors . Users are easy to become victims of exploitative terms, because their consent has …
Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, 2015 Pepperdine University
Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan
The Journal of Business, Entrepreneurship & the Law
This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and …