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Full-Text Articles in Law
Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard H. Seamon
Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard H. Seamon
Richard H Seamon
After 9/11, the President authorized the National Security Agency to conduct warrantless electronic surveillance of American residents. Critics of this so called “Terrorist Surveillance Program” (TSP) say it violates the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Fourth Amendment. Defenders of the TSP counter that, regardless whether it violates FISA, it falls within the President's congressionally irreducible power to protect national security and within the relaxed Fourth Amendment governing national security searches. This article focuses on the overlooked connection between the issues of whether the TSP (1) falls within the President’s powers; or (2) violates the Fourth Amendment. …
Gaming The System: Virtual Worlds And The Securities Markets, Caroline Bradley
Gaming The System: Virtual Worlds And The Securities Markets, Caroline Bradley
Caroline Bradley
“IPOs” and “stock exchanges” in virtual worlds such as Second Life raise a number of issues for real world financial regulators as well as for player-inhabitants of virtual worlds and academic researchers who focus on virtual worlds. The paper argues that under current rules some virtual world financial transactions constitute transactions in securities, and are therefore subject to registration requirements and fraud liability under the securities laws. Arguments that this virtual financial activity is only an aspect of the game would risk encouraging fraud. Thus an exemption regime would be desirable to distinguish between game activity with a financial theme …
The Supremacy Of Techno-Governance: Privatization Of Digital Content And Consumer Protection In The Globalized Information Society, Nicola Lucchi
The Supremacy Of Techno-Governance: Privatization Of Digital Content And Consumer Protection In The Globalized Information Society, Nicola Lucchi
Nicola Lucchi
The article aims to describe the role of technology and contract in regulating access to digital content deregulating intellectual property law monopoly. In particular it argues that the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe compromise the consumer’s capacity to exercise legitimate rights, such as the private use exemption, by giving content owners extralegal protection for their works. It also analyses how these acts have caused an inappropriate delegation of governmental decision making to a non-governmental entity with a consequent privatization of the government’s role in protecting intellectual …
Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann
Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann
Michael D. Mann
No abstract provided.
Google Your Applicants: Prospective Employers Are Increasingly Vetting Candidates' Web Pages, Michael D. Mann
Google Your Applicants: Prospective Employers Are Increasingly Vetting Candidates' Web Pages, Michael D. Mann
Michael D. Mann
No abstract provided.
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
On April 2, 2007, Apple Inc. and EMI Music held a joint press conference in London that may be the harbinger of significant changes in the digital music arena. This press conference, whose attendees included EMI Group CEO Eric Nicoli and Apple CEO Steve Jobs, unfolded in an environment of significant technological and commercial changes in the music industry. The shift to the digital era has been a turbulent one for many players in the music industry, particularly as a result of the widespread distribution of unauthorized digital music files and the concurrent significant decline in record industry sales. The …
Some Job Hunters Are What They Post, Michael D. Mann
Some Job Hunters Are What They Post, Michael D. Mann
Michael D. Mann
Plug a prospective employee's name into an Internet search engine, and you might be surprised at what you find. Web pages may tell hiring attorneys that the person they just interviewed wrote for an undergraduate newspaper or belonged to a specific sorority, but the Web may also reveal the recent interviewee's drink of choice and dating status. Law firms can use the Internet for their own recruiting needs, says attorney Michael D. Mann, but they should take what they read on the Web with a grain of salt.
Benefiting Society And Children Through Violent Media: As Evidenced By First Amendment Protection For Violent Video Games, Austin Nowakowski
Benefiting Society And Children Through Violent Media: As Evidenced By First Amendment Protection For Violent Video Games, Austin Nowakowski
Austin James Nowakowski
This article discusses the constitutional, psychological, and societal reasons for why the courts have never upheld any laws censoring violent video games.
Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton
Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton
Erin Espedal
Emerging surveillance technologies now allow operators to collect information located within the brain of an individual, allow the collection of forensic evidence regarding cerebral and cognitive processes, and are even beginning to be able to predict human intentions. While science has not yet produced a mind-reading machine per se, the devices referred to as “cognitive camera technologies” are substantial steps in the direction of that inevitable result. One such technique, a proprietary method called Brain Fingerprinting, is used as an example of the strong trend towards increasingly invasive and ever more powerful surveillance methods, and provides an entrée to a …
Dealing With The Reality Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research , Michael J. Malinowski
Dealing With The Reality Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research , Michael J. Malinowski
Michael J. Malinowski
This article challenges proposals to apply law to greatly constrain if not wholly prohibit race-based genetics research with arguments based in bioethics, research pragmatism, and genetic science. The article concludes that proposals to stretch U.S. antidiscrimination jurisprudence to regulate away race and ethnicity in genetics research are misguided at best.
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
O. Carter Snead
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …
Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague
Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague
Robert Sprague
No abstract provided.
Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague
Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague
Robert Sprague
No abstract provided.
Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague
Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague
Robert Sprague
No abstract provided.
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague
Robert Sprague
No abstract provided.
In Defense Of Online Intermediary Immunity: Facilitating Communities Of Modified Exceptionalism, H. Brian Holland
In Defense Of Online Intermediary Immunity: Facilitating Communities Of Modified Exceptionalism, H. Brian Holland
H. Brian Holland
No abstract provided.
Universal Broadband In The United States: Is It A Pipe Dream Or Soon-To-Be Reality?, Krista S. Jacobsen
Universal Broadband In The United States: Is It A Pipe Dream Or Soon-To-Be Reality?, Krista S. Jacobsen
Krista S. Jacobsen
Internet access increasingly has been viewed as vital for countries’ economic well-being. In March of 2004, President Bush expressed the view that access to the Internet for all Americans is critical to the country’s economic growth, and he established a goal that every American should have affordable high-speed Internet access by 2007. As of December 2006, however, allegedly only 19.6% of the United States population subscribed to broadband service. This take rate establishes the United States as fifteenth in the world in broadband penetration, behind countries such as Denmark, the Netherlands, Iceland, Korea, Japan, the United Kingdom, and Canada. As …
Good Cause Is Bad Medicine For The New E-Discovery Rules, Henry S. Noyes
Good Cause Is Bad Medicine For The New E-Discovery Rules, Henry S. Noyes
Henry S. Noyes
This Article takes a critical look at the e-discovery amendments to Rule 26(b)(2) that provide that electronically stored information that is “not reasonably accessible” shall be discoverable only if the requesting party can establish good cause. The intent of these amendments was to limit the cost and burden of discovery and to ensure that similarly situated litigants are treated similarly with respect to discovery of electronically stored information. I conclude that the e-discovery amendments to Rule 26(b)(2) will be ineffective because they increase judicial discretion—likely leading to disparate treatment of similarly situated litigants—while providing no new protection against the cost …