Digital Commons Network^™

Speech And Spatial Tactics, Timothy Zick

Faculty Publications

No abstract provided.

Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen

Cardozo Law Review

No abstract provided.

Why Protect Political Art As Political Speech, David Greene

UC Law SF Communications and Entertainment Journal

Politics and art make for a volatile combination both socially and jurisprudentially. Although the capacity of artistic expression to relay political ideas was one of the driving forces behind the recognition of strong First Amendment rights for artistic expression, governmental officials tend toward the censorious when art communicates too much and "offends" or causes "controversy." Indeed, when art is "public," that is funded or exhibited by a governmental entity, public officials would often prefer that it contain no message at all. This article reviews the evolution of First Amendment protection for artistic expression, discusses why artistic expression is protected by …

Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin

Faculty Articles

The article reviews and engages Professor Derrick Bell’s more recent scholarship on the nature of the legal profession and the practice of law – ETHICAL AMBITION: LIVING A LIFE OF MEANING AND WORTH – placing Bell’s work in the broader framework of the entire legal enterprise highlighting its relevance to legal ethics, the ills of the profession and legal training. The article juxtaposes Bell’s more contemporary critique of the legal profession and practice with the observations of Carter G. Woodson in THE MIS-EDUCATION OF THE NEGRO, another African-American educator largely unfamiliar to the broader legal academy. The author proposes that …

Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel

Cardozo Arts & Entertainment Law Journal

Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion as applied by courts, most notably designated two classes of excluded areas: "private" places in which the individual can expect to be free from intrusion, and "non-private" places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held, almost uniformly, that the tort of intrusion could not occur in a public place or in a place …

Will Video Kill The Radio Star? Visual Learning And The Use Of Display Technology In The Law School Classroom, Fred Galves

ExpressO

No abstract provided.

Cyberspace Cartography: The Case Of On-Line Territorial Privacy, Daniel Benoliel

ExpressO

Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion, as applied by courts, most notably designated two classes of excluded areas: “private” places in which the individual can expect to be free from intrusion, and “non-private” places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held almost uniformly that the tort of intrusion could not occur in a public place or in a place …

Bridge To Modernity: The Political Legacy Of Sid Mcmath, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.

Court Technology In Canada, Julian Borkowski

William & Mary Bill of Rights Journal

No abstract provided.

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …

Evolving Core Capabilities Of The Internet, J. Scott Marcus

Colorado Technology Law Journal

No abstract provided.

Law In Popular Culture, Richard Sherwin

Articles & Chapters

No abstract provided.

Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Carolyn Sabo

Inside UNLV

No abstract provided.

The Do-Not-Call Implementation Act: Legislating The Sound Of Silence, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Road Shows On The Internet: Taking Individual Investors For A Ride On The Information Highway, Linda J. Yi

Duke Law Journal

No abstract provided.

The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

Standards Of Liability For Internet Service Providers: A Comparative Study Of France And The United States With A Specific Focus On Copyright, Defamation, And Illicit Content, Xavier Amadei

Cornell International Law Journal

No abstract provided.

Stare Decisis As A Constitutional Requirement, Thomas Healy

West Virginia Law Review

No abstract provided.

The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda

Fordham Journal of Corporate & Financial Law

No abstract provided.

Online Dispute Resolution Systems: The Future Of Cyberspace Law, Lan Q. Hang

Santa Clara Law Review

No abstract provided.

Optional Purchasing Specifications For Child Development Services In Medicaid Managed Care, George Washington University Medical Center, Center For Health Services Research And Policy

Center for Health Policy Research

These sample purchasing specifications were prepared by the George Washington University Center for Health Services Research and Policy (CHSRP) with support from the Commonwealth Fund. Technical guidance on the content of child development services was provided by experts from the Fund and researchers at Northwestern University’s Institute for Health Services Research & Policy Studies (IHSRPS). This document is intended as a tool to assist interested state officials in purchasing child development services from managed care organizations (MCOs) on behalf of children under age three who are eligible for Medicaid.

These sample purchasing specifications are optional, and do not necessarily reflect …

Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky

UF Law Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons—some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …

Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky

Duke Law Journal

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …

Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky

Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons — some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat …

Internet Indecency And Impressionable Minds, Gretchen Witte

Villanova Law Review (1956 - )

No abstract provided.

Information V. Commercialization: The Internet And Unsolicited Electronic Mail, Karin M. Mika

Law Faculty Articles and Essays

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail. The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …

The French Refere Procedure And Conflicts Of Human Rights, Wallace R. Baker, Patrick De Fontbressin

Syracuse Journal of International Law and Commerce

The purpose of this article will be to ascertain to what extent Pierre Drai' s prediction has been realized. We examine cases where the ref ere procedure has been used in private human rights disputes where one party seeks to limit the right of freedom of the press or expression by claiming such right has been used illegally or in an abusive way. We will not deal with human rights violations by member states.

Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika

Richmond Journal of Law & Technology

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …

Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang

Faculty Articles

Professor Chang observes that Asians are often perceived as interlopers in the nativistic American "family." This conception of a nativist "family" is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived to be "illegitimate," such as Asians and Blacks, are policed either by rule of law or the force of sanctioned vigilante violence. Chang illustrates his thesis by drawing upon the three films referenced.