Digital Commons Network^™

Content Moderation Remedies, Eric Goldman

Michigan Technology Law Review

This Article addresses a critical but underexplored aspect of content moderation: if a user’s online content or actions violate an Internet service’s rules, what should happen next? The longstanding expectation is that Internet services should remove violative content or accounts from their services as quickly as possible, and many laws mandate that result. However, Internet services have a wide range of other options—what I call “remedies”—they can use to redress content or accounts that violate the applicable rules. This Article describes dozens of remedies that Internet services have actually imposed. It then provides a normative framework to help Internet services …

Yazzie V. Hobbs: The 2020 Election And Voting By Mail On- And Off-Reservation In Arizona, Jean Reith Schroedel, Kara Mazareas, Joseph Dietrich, Jamaica Bacus-Crawford

University of Arkansas at Little Rock Law Review

During the 2020 election, voting by mail was touted as a way to safely vote from home and avoid the risks of contracting COVID-19. While voting by mail is definitely safer than in-person voting, it also assumes that all citizens have equal access to the mail services needed for voting by mail. Lawyers, acting on behalf of Navajo plaintiffs in Arizona, argued in Yazzie et al. v. Hobbs (2020) that voters living on the Navajo Nation faced impermissible barriers in accessing voting by mail. They provided evidence showing there was limited mail service on the reservation and that mail delivery …

J Mich Dent Assoc December 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• Two cover stories presenting perspectives from both ends of the practice life continuum: “Starting Your Practice Life” and “Preparing for Retirement”.
• A feature article, “What Happened in Vegas Became ADA Policy”.
• A feature article, “An Oversight Corrected: 2020 MDA Life Members Recognized”.
• The 2021 Author/Title Index to the Journal of the Michigan Dental Association. …

The Powerful Problem Of Prayer At Public School Board Meetings, Amanda Harmon Cooley

Cardozo Law Review

No abstract provided.

Arbitrating Copyright Disputes In Egypt, Islam Mohamed

Maurer Theses and Dissertations

Egypt is witnessing increasing difficulty in implementing and practicing protectionist policies for intellectual property rights, which includes copyright as a fundamental element. Since the Egyptian judicial system is exclusively concerned with adjudicating all disputes, it has become increasingly burdened in recent decades due to this monopoly. As a result, the Egyptian judiciary is witnessing a significant slowdown in resolving conflicts and procedural obstacles which delay the restitution of Intellectual property rights to its owners. Thus, we believe that applying arbitration will contribute to resolving copyright disputes in advance on one hand and will encourage an attractive climate in such matters …

Metaphors Of International Law, Harlan G. Cohen

Scholarly Works

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

Drones And Civilians: Emerging Evidence Of The Terrorizing Effects Of The U.S. Drone Programs, Keenan, Patrick J.

Santa Clara Journal of International Law

The Biden Administration, in one of its first consequential foreign policy decisions, announced that it would undertake a comprehensive review of the United States drone program. Officials promised that this review would consider all available evidence. This article shows that the U.S. drone program violates international law because of the ways it terrorizes civilian populations. U.S. officials from both parties have argued that drones are an effective part of the U.S. counterterrorism strategy. However, effectiveness is not the legal standard. The law requires that the program not unduly harm civilians. For as long as the U.S. has been using drones, …

“Community Guidelines”: The Legal Implications Of Workplace Conditions For Internet Content Moderators, Anna Drootin

Fordham Law Review

Content moderation is the internet’s not-so-secret, dirty little secret. Content moderators are working around the world, and around the clock, to scrub the internet of horrific content. Most moderators work for low pay and with little or no health care benefits. The content they are exposed to leaves them vulnerable to a number of different mental health issues, including post-traumatic stress disorder. Their work is often hidden from users and is de-emphasized by the technology industry. This Note explores potential solutions to the labor and employment issues inherent in content moderation work and suggests that there could be a path …

The Use Doctrine In Trademark Law: Issues From Trade And Transborder Reputation, Srividhya Ragavan

Cardozo Law Review

No abstract provided.

Fake, Andrea M. Matwyshyn, Miranda Mowbray

Cardozo Law Review

The Internet today is full of fake people and fake information. Trust in both technology and institutions is in a downward spiral. This Article offers a novel comprehensive framework for calibrating a legal response to technology “fakery” through the lens of information security. Introducing the problems of Internet “MIST”—manipulation, impersonation, sequestering, and toxicity—it argues that these MIST challenges threaten the future viability of the Internet through two morphed dynamics destructive to trust. First, the arrival of the Internet-enabled “long con” has combined traditional con artistry with enhanced technological capability for data collection. Second, the risk of a new “PSYOP industrial …

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

What The Pandemic Taught Us: The Health Care System We Have Is Not The System We Hoped We Had, William M. Sage

Faculty Scholarship

The United States spends nearly twice as much per capita on medical care as any other country. The United States has the world’s most advanced biomedical technologies, sophisticated hospitals, and skilled health professionals. The United States has a national public health body, the Centers for Disease Control and Prevention (CDC), that is generally considered the world’s leader in infectious disease detection and response. Nonetheless, the United States suffered among the world’s worst COVID-19 disease burdens and outcomes, inflicting largely avoidable harm on patients, health professionals, and the broader community.

Why this happened is clearly important. But that it happened is …

Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard

Florida Journal of International Law

On September 18, 2014, an overwhelming number of Scottish residents turned out to vote on one simple question: Should Scotland be an independent country? The deceptively simple yes or no question on the ballot could not begin to reflect the complex underlying issues. If the Independence Referendum had been approved—meaning a “yes” vote, the goal of Independence proponents and of the Scottish National Party (SNP)—every facet of life for the Nation and its citizens could have been affected. The presence of nuclear weapons; membership in the European Union; the very nature and name of the currency used in every transaction …

Parámetros Para Orientar Procesos Informales De Concertación En Movilidad Urbana Sostenible En Colombia, Erika Castro-Buitrago, Jorge E. Vásquez Santamaría

The Qualitative Report

El artículo propone desde un punto de vista jurídico los parámetros de actuación que pueden orientar los procesos de concertación informal sobre movilidad urbana sostenible entre autoridades y ciudadanos en Colombia, acudiendo a las experiencias de concertación informal de actores ciudadanos. Se empleó una metodología cualitativa, con enfoque sociojurídico y hermenéutica dialógica. La información empírica se recopiló a través de entrevistas semiestructuradas a informantes clave y el análisis de documentos. Los hallazgos mostraron que una buena parte de estos procesos tiene lugar de manera informal y los participantes no poseen directrices que dirijan su éxito. Además, la concertación de proyectos …

Families Across Borders: The Hague Children's Conventions And The Case For International Family Law In The United States, Ann Laquer Estin

Florida Law Review

In our globalized world, as families form and dissolve across international borders, domestic family law does not adequately address the needs of parents and children with ties to multiple legal systems. For these cases, the Hague Children’s Conventions provide a useful legal framework developed and implemented through the cooperative efforts of more than one hundred nations. Currently, the United States participates in the 1980 Child Abduction Convention and the 1993 Intercountry Adoption Convention, and has taken steps toward ratification of the 2007 Family Maintenance Convention and the 1996 Child Protection Convention. The four Children’s Conventions offer an important opportunity for …

When Immigration Borders Move, Huyen Pham

Florida Law Review

With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed physical border, these laws require proof of immigration status at multiple, moving points within the country's interior and are triggered through everyday transactions; if unable to prove her legal status, a person is denied the restricted benefit. If a person is denied access to multiple essential benefits, then she …

Modernizing Water Law: The Example Of Florida, Christine A. Klein, Mary Jane Angelo, Richard Hamann

Florida Law Review

This Article takes a national view of the modernization of water law. Using Florida as an example, it identifies some of the most important and controversial challenges faced by states. Part II provides an overview of the process of water law reform. As states attempt to improve water management, they have modified their common law water allocation systems with an overlay of statutory law. Often, the process occurs in a piecemeal fashion, resulting in a patchwork of rules—common law and statutory, old and new. In rare cases—including that of Florida—the process may be more comprehensive, one through which states supplement …

State Standing After Massachusetts V. Epa, Calvin Massey

Florida Law Review

No abstract provided.

Measuring The Capacity To Combat Illicit Tobacco Trade In 160 Countries, Valerie Gilbert T. Ulep, Monica Paula Lavares, Ariza Francisco

Ateneo School of Government Publications

Background

Illicit trade of tobacco negatively affects countries’ tobacco control efforts. It leads to lower tobacco prices and makes tobacco products more accessible to vulnerable populations. In this study, we constructed an illicit tobacco trade index, which measures the structural and institutional capabilities of 160 countries in addressing illicit tobacco trade. We collected the most recent and best available data on general governance, tobacco control policies, and trade and customs practices.

Results

Singapore, New Zealand, Finland and Sweden lead countries with the most favorable illicit tobacco trade score. We observed a positive relationship between illicit tobacco trade scores and Gross …

The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski

The US Army War College Quarterly: Parameters

Colin S. Gray distinguished himself from other scholars in the field of strategic studies with his belief that grand strategy is indispensable, complex, and inherently agential. This article identifies key themes, continuities, conceptual relationships, and potential discontinuities from his decades of grand strategic thought. Gray’s statement that “all strategy is grand strategy” remains highly relevant today, emphasizing the importance of agential context in military environments—a point often neglected in strategic practice.

Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg

The US Army War College Quarterly: Parameters

For years, scholars have viewed the career of William Tecumseh Sherman in light of an antiquated destroyer myth and neglected his memoirs, which were written as a military textbook. This essay reviews Sherman’s legacy and literature, both of which contributed to the advancement of modern military thought. His experiences may serve as a prescriptive text to servicemembers, providing critical lessons on military warfare and philosophy still relevant today.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco

The US Army War College Quarterly: Parameters

Assessing threats to the air littoral, the airspace between ground forces and high-end fighters and bombers, requires a paradigm change in American military thinking about verticality. This article explores the consequences of domain convergence, specifically for the Army and Air Force’s different concepts of control. It will assist US military and policy practitioners in conceptualizing the air littoral and in thinking more vertically about the air and land domains and the challenges of domain convergence.

Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks

Articles

To create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.

When we say 'public square,' ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinson

Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique

PhD Dissertations

This dissertation investigates the relationship between doctrines and rhetoric of sustainable development (SD) and their compatibility with robust notions of migrant justice. I use migrant-workers-built Masdar City, Abu Dhabis "eco-smart city," as an entry point to examine this relationship. Drawing on Amartya Sen, I rely on a critical capabilities-based environmental justice lens that focuses on the full range of opportunities migrants have at home, in their destination country, and anywhere in between. While this lens offers a means-ends distinction and a pluralistic notion of justice, it must be further specified and supplemented by explicit accounts of structural constraints. The focus, …

Aandaakonan Inaakonigewin: Considering An Anishinaabe Meaning To The Canadian Law On Consultation And Accommodation, Veronica Ann Guido

LLM Theses

Indigenous laws are resurging throughout Turtle Island and have vital roles to play in the creation and application of laws, governance structures, and decision-making. However, for this to happen, the understanding of the law which is predominant and dictates legal processes must change, specifically when such laws apply to Indigenous land and peoples. This will allow Indigenous legal orders – including Anishinaabe legal norms such as mutual aid, kinship, giftedness and doodem – to flourish. This thesis explores Anishinaabe law resurgence by asking: how can decision-making about land, natural resources, and Aboriginal rights through the duty to consult and accommodate …

Protecting Energy Privacy Across The Public/Private Divide, Matthew B. Kugler, Meredith Hurley

Florida Law Review

Energy-usage monitoring can expose much of what takes place inside people’s homes and offices. As the “smart home” revolution continues, this data will only become more revealing. Though this information is essential for the development of the smart electric grid, it is also useful to a variety of others: law enforcement, energy-efficiency experts, and marketers. At present, this data enjoys little Fourth Amendment or statutory protection. This was not previously a problem because the information was historically not overly sensitive. Now that utilities are collecting more than two thousand times as much information about households as they were before, however, …

The Algorithmic Divide And Equality In The Age Of Artificial Intelligence, Peter K. Yu

Florida Law Review

In the age of artificial intelligence, highly sophisticated algorithms have been deployed to provide analysis, detect patterns, optimize solutions, accelerate operations, facilitate self-learning, minimize human errors and biases, and foster improvements in technological products and services. Notwithstanding these tremendous benefits, algorithms and intelligent machines do not provide equal benefits to all. Just as the “digital divide” has separated those with access to the Internet, information technology, and digital content from those without, an emerging and ever-widening “algorithmic divide” now threatens to take away the many political, social, economic, cultural, educational, and career opportunities provided by machine learning and artificial intelligence. …

Police Funding, Stephen Rushin, Roger Michalski

Florida Law Review

A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct and unnecessary criminalization, particularly in communities of color.

This Article considers these calls for the defunding of police. It ultimately cautions against widespread defunding of police and offers an alternative proposal. Part I brings together multiple national databases on local government expenditures to evaluate empirically how states and municipalities fund …

Against The "Safety Net", Matthew B. Lawrence

Florida Law Review

Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …