Digital Commons Network^™

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

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This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

The Association Of Cold Weather And All-Cause And Cause-Specific Mortality In The Island Of Ireland Between 1984 And 2007, Ariana Zeka, Stephen Browne, Helen Mcavoy, Patrick Goodman

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Background: This study aimed to assess the relationship between cold temperature and daily mortality in the Republic of Ireland (ROI) and Northern Ireland (NI), and to explore any differences in the population responses between the two jurisdictions. Methods: A time-stratified case-crossover approach was used to examine this relationship in two adult national populations, between 1984 and 2007. Daily mortality risk was examined in association with exposure to daily maximum temperatures on the same day and up to 6 weeks preceding death, during the winter (December-February) and an extended cold period (October-March), using distributed lag models. Model stratification by age and …

Children’S Rights Online: Challenges, Dilemmas And Emerging Directions, Sonia Livingstone, Brian O'Neill

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Although it is widely held that a more inclusive and trusted internet can support a competitive knowledge economy, a digitally skilled labour force, civic participation and a pluralistic media sector, governments and regulators have tended to avoid intervening directly to achieve these aims, believing that industry is best positioned to respond to the fast pace of change in information and communication technologies (ICT).This reflects a wider policy shift away from top-down government measures towards flexible, dispersed and indirect forms of governance, encompassing industry self-regulation as well as elements of cooperation or co-regulation with relevant state agencies.

Offering Minority Communities Equal Opportunities Through Entrepreneurship, Thomas M. Cooney

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A substantial body of research has been undertaken in recent years giving prominence to the additional and distinctive challenges faced by female entrepreneurs and by ethnic entrepreneurs. However, other groups of minority entrepreneurs have received relatively little attention and so remain underexplored within entrepreneurship literature. This article introduces some of these minority communities (Ex–Prisoners, Disabled People, Travellers/Gypsies, Grey and Gay) and highlights the research opportunities that exist for entrepreneurship academics who might wish to analyse such ‘silent’ minorities. These communities are all relatively large in terms of population numbers, require tailored support to overcome distinctive economic, social and personal obstacles, …

A Window On Murphy: Perspectives And Insights Of Clergy Of The Archdiocese Of Dublin: A Presentation Of Data Collated From A Survey Entitled "A Window On Murphy", Alan Hilliard

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This article draws on data from survey undertaken by the author of this article. The survey was entitled ‘A Window on Murphy’…the perspective of Clergy of the Archdiocese of Dublin. The survey set out to gain an insight into the life and ministry of the priests of the Archdiocese at the time of the publication of the report of the Commission of Investigation into Child Sexual Abuse in the Archdiocese of Dublin; 1975-2004 commonly known as The Murphy Report. The report was published in November 2009; two chapters were withheld and were released at later dates. This article reflects on …

Words Worth Price And Value, Tom Dunne

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TOM DUNNE explains the terms used in relation to the valuation of property, and the need for common understanding among all parties using those terms. -

Locative Histories: Exploring The Continued Influence Of Early Locative Media Art, Conor Mcgarrigle

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This paper, which draws on aspects of my doctoral research, traces the influence of early Locative Media Art on the current form and application of location-aware technologies. The mechanisms and impulse for this influence are introduced and analyzed and it is proposed that they point to new approaches in the consideration of the agency of Locative Media art.

I return to the origins of Locative Media at the Karosta workshop and the ambitions of early practitioners to argue that the practice was based on a prescient analysis of the potential for ubiquitous networked location-awareness. From this analysis was developed an …

Marriage Outlaws: Regulating Polygamy In America, Casey E. Faucon

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Polygamist families in America live as outlaws on the margins of society While the insular groups living in and around Utah are recognized by mainstream society Muslim polygamists including African"American polygamists living primarily along the East Coast are much less familiar Despite the positive social justifications that support polygamous marriage recognition the practice remains taboo in the eyes of the law Second and third polygamous wives are left without any legal recognition or protection Some legal scholars argue that states should recognize and regulate polygamous marriage specifically by borrowing from business entity models to draft default rules that strive for …

Legal And Ethical Issues In The Prediction Of Recidivism, Michael Tonry

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Use of predictions of recidivism is ubiquitous in American criminal justice systems from pretrial detention to parole release and proceeds largely oblivious to fundamental ethical problems that were widely recognized and examined in the 1970s. They include the false positive problem that most people predicted to commit acts of serious violence would not, and their confinement for that reason is unjustified, that common use of fixed characteristics such as age and gender punish people for matters over which they have no control is per se unjust, that commonly used socioeconomic factors such as marital status, employment, education, and living discrimination, …

Regulating Systemic Risk In Insurance, Daniel Schwarcz, Steven L. Schwarcz

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As exemplified by the dramatic failure of AIG, insurance companies and their affiliates played a central role in the 2008 global financial crisis. It is therefore not surprising that the Dodd-Frank Act — the United States’ primary legislative response to the crisis — contained an entire title dedicated to insurance regulation, which has traditionally been the responsibility of individual states. The most important insurance-focused reforms in Dodd-Frank empower the Federal Reserve Bank to impose an additional layer of regulatory scrutiny on top of state insurance regulation for a small number of “systemically important” nonbank financial companies, such as AIG. This …

Material Falsity In Defamation Cases: The Supreme Court's Call For Contextual Analysis, Charles D. Tobin, Leonard M. Niehoff

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In the book The Phantom Tollbooth, one of the characters, Milo, declares that he comes from a faraway land called Context. After a circuitous journey through many strange cities, bearing names that have meanings Milo struggles to understand, he finds himself back at home in his bedroom.

Context, by and large, is the home base for courts in defining the boundaries between actionable and nonactionable speech. Often, after circuitous travels through precedent and logic, courts meander back to the simple notion that the meaning and legal significance of words are determined by their context.

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

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The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.

Compelled Disclosures, Caroline Mala Corbin

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Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort them, and crisis pregnancy centers must disclose that they do not provide contraception or abortion services. Although applying the same compelled speech doctrine to similar issues, appeals courts have reached very different results in challenges to these laws. Drawing from First Amendment theory, this Article first identifies why compelled disclosures undermine free speech values. It then applies those insights to the specific examples …

Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano

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Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be …

How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks

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If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

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No abstract provided.

Citizens United And Social Welfare Organizations: The Tangled Relationships Among Guidance, Compliance, And Enforcement, Frances R. Hill

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No abstract provided.

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

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In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …

I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks

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In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

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No abstract provided.

Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann

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Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America's energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewable energy. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to promote renewable energy more cost-effectively through capital markets and crowdfunding.

Federal support for renewable energy today comes primarily in the form of accelerated depreciation and, critically, tax credits. Empirical evidence reveals that only a fraction of …

Concentrated Enforcement, Leigh Osofsky

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When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax literature suggests that they should be allocated based on a "worst-first" method, whereby the individuals likely to be most noncompliant are targeted. However, while "worst-first" methods can encourage all individuals to increase compliance so as not to be deemed the "worst, " they can also provide cover to engage in noncompliance that …

Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes

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No abstract provided.

Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock

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The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the …

Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine

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No abstract provided.

Green Siting For Green Energy, Amy Wilson Morris, Jessica Owley, Emily Capello

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No abstract provided.

From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis

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No abstract provided.

Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers

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Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …

Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

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No abstract provided.

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

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No abstract provided.