Digital Commons Network^™

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …

The European Constitution, The Treaty Of Amsterdam, And The Search For Community, Ian Ward

Georgia Journal of International & Comparative Law

No abstract provided.

Revenge Porn, State Law, And Free Speech, Paul J. Larkin Jr.

Loyola of Los Angeles Law Review

The ease of access to the Internet, coupled with the modern practice of sharing intimate digital photos between lovers, has given rise to a disturbing new trend known colloquially as “revenge porn”—that is, the nonconsensual posting of images that were originally given to another with the implied expectation of confidentiality. That act involves a deep personal betrayal and can inflict serious emotional damage on the person whose image has been shared, sometimes resulting in grave consequences to the victim. And once those images reach the Internet, they are often circulated widely; the victims retain no control over who may view …

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.

Banned & Challenged Book Display, Maggie Mason Smith

Presentations

No abstract provided.

Proximity-Driven Liability, Bryant Walker Smith

Faculty Publications

This working paper argues that commercial sellers’ growing information about, access to, and control over their products, product users, and product uses could significantly expand their point-of-sale and post-sale obligations toward people endangered by these products. The paper first describes how companies are embracing new technologies that expand their information, access, and control, with primary reference to the increasingly automated and connected motor vehicle. It next analyzes how this proximity to product, user, and use could impact product-related claims for breach of implied warranty, defect in design or information, post-sale failure to warn or update, and negligent enabling of a …

The Canon Debate: What Makes You Think That Book Is So Great?, Charles Bassett

Colby Magazine

First of all, in a burst of uncharacteristic humility, let me confess that I did not aspire to share these words with the learned body of Colby alumni. The genesis of this article was a speech to some of the best and brightest students at Colby, the Dana and Bixler Scholars- an audience willing to show up on a Friday night in October to hear me do something besides read ghost stories.

My title for that speech was "The Literary Canon and How It Works"; it should have been "Literary Canons and How They Work." In 1999, I think that …

You Can't Get There From Here: Movement Sf And The Picaresque, Robert Glen Wilson

Graduate Theses and Dissertations

This dissertation examines the crisis of authenticity in postmodern culture and argues that contemporary science fiction, specifically the subgenre of Movement SF, has evolved a unique answer to this crisis by adopting, perhaps spontaneously, the picaresque narrative structure. Postmodern fiction has a tenuous relationship with the issue of authenticity, such that the average postmodern subject is utterly without true authenticity at all, alternately victim to the socioeconomic conditions of his or her culture and to the elision of the self as a result of the homogenizing effects of advertising, television, etc. Postmodern SF also carries this bleak perception of the …

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …

Santa Clara Review, Vol. 101, No. 2, Santa Clara University

Santa Clara Review

No abstract provided.

Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum

Dalhousie Law Journal

In the nineteenth century, before farmers could purchase inexpensive chemical fertilizers, farmers on Prince Edward Island looked to the sea and the shore for nutrients to add to their soils. When disputes over who had the right to gather seaweed led to litigation, judges ruled that the owners of property fronting on the shore had the exclusive right to seaweed cast up on the shore, both above and belot, the high water mark. These rulings did little to dispel the popular perception that seaweed, a gift of nature, was a common resource that belonged to the people who collected it. …

The Jury And Participatory Democracy, Alexandra D. Lahav

William & Mary Law Review

No abstract provided.

The Right To Be Forgotten: Forced Amnesia In A Technological Age, 31 J. Marshall J. Info. Tech. & Privacy L. 133 (2014), Robert Bolton

UIC John Marshall Journal of Information Technology & Privacy Law

In the modern era, the connection between technology and one’s personal life has increased the number of moments recorded for posterity. While in many circumstances this is an ideal opportunity for fond recollection, it has the downside of displaying for others our less flattering moments. Because the Internet has such a wide scope, once something has entered its domain, it is virtually impossible to permanently remove. With a public increasingly perceiving this winnowing of privacy as a negative tendency, legislators both at home and abroad have made proposals that attempt to place restrictions on what content social media is allowed …

A New Bathymetric Compilation For The South Orkney Islands Region, Antarctic Peninsula (49°–39°W To 64°–59°S): Insights Into The Glacial Development Of The Continental Shelf, William A. Dickens, Alastair G. C. Graham, James A. Smith, Julian A. Dowdeswell, Robert D. Larter, Claus-Dieter Hillenbrand, Phil N. Trathan, Jan Erik Arndt, Gerhard Kuhn

Marine Science Faculty Publications

We present a new, high resolution (300 m) bathymetric grid of the continental shelf surrounding the South Orkney Islands, northeast of the Antarctic Peninsula. The new grid, derived from a compilation of marine echo-sounding data, improves previous regional bathymetric representations and helps to visualize the morphology of the shelf in unrivalled detail. The compilation forms important baseline information for a range of scientific applications and end users including oceanographers, glacial modelers, biologists, and geologists. In particular, due to the limited understanding of glacial history in this region, the bathymetry provides the first detailed insights into past glacial regimes. The continental …

Funny Pages: Comic Strips And The American Family, 1930-1960, Dahnya Nicole Hernandez

Pitzer Senior Theses

This thesis examines a selection of American newspaper comic strips from approximately 1930 to 1960. At the height of their runs, many strips appeared in upwards of a thousand newspapers in the United States alone, and syndicates crafted and adjusted the content of these strips according to their image of the average American. This work discusses the pop cultural significance of these strips as well as the traditional American values revealed through each of them. Three strips in particular are the focal point for this thesis: Blondie, created by Chic Young in 1930, Little Orphan Annie created by …

The Jury And Participatory Democracy, Alexandra Lahav

Faculty Articles and Papers

Citizens directly participate in the civil justice system in three ways. They can be sued, they can sue another, and they can serve on a jury. Beyond that involvement, the court system is peopled by professionals: judges, lawyers, clerks, and administrators. This Essay considers the reasons our society might want citizens to directly participate as adjudicators in the third branch.

Extending The Case For Workplace Transparency To Information About Pay, Cynthia Estlund

Faculty Articles

This is not uncharted territory; both scholars and policymakers have examined the case for greater transparency of salary information, especially in the wake of the Supreme Court’s Ledbetter decision, in which discriminatory salary disparities were held immune from legal challenge because they had existed, unbeknownst to the plaintiff, for too long. This Article reviews arguments for and against mandatory pay transparency, using the general framework from Just the Facts. I conclude that there is a fairly strong though not uncomplicated case to be made that mandatory disclosure of meaningful salary information would tend to produce less discrimination, less favoritism, and …

17th Annual Ewu Student Research And Creative Works Symposium Program, Eastern Washington University

2014 Symposium

No abstract provided.

When The Author Owns The World: Copyright Issues Arising From Monetizing Fan Fiction, Steven D. Jamar, Christen B’Anca Glenn

Texas A&M Law Review

Fan fiction is amateur writing that imaginatively reinvents a work in pop culture while maintaining the identifiable aspects of the preexisting work. Fans of various books, films, and television series write their own versions of the stories and post them online in fan fiction communities. Fan fiction as practiced today is a way for fans to creatively express themselves and become integrated into the story and world they love. The stories range from highly derivative works, where relatively few plot points are changed, to entirely new plot lines using the same world and characters of the original, underlying work. Some …

Dystopian Language And Thought: The Sapir-Whorf Hypothesis Applied To Created Forms Of English, Kristen Fairchild 14

Honor Scholar Theses

None

The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane

Articles

Of all Robert Bork’s many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of U.S. antitrust law. The Supreme Court relied primarily on Bork’s argument that Congress intended the Sherman Act to advance consumer welfare in making its landmark statement in Reiter v. Sonotone that “Congress designed the Sherman Act as a ‘consumer welfare prescription.’” This singular normative vision proved foundational to the reorientation of antitrust law away from an interventionist, populist, Brandeisian, and vaguely Jeffersonian conception of antitrust law as a constraint on …

The Writing Process Of Donald Barthelme, John Miller

Dissertations and Theses

No abstract provided.

“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker

All Faculty Scholarship

This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national …