Law Commons^™

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Ua12/2/1 College Heights Herald, Vol. 83, No. 4, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

Ua12/2/1 College Heights Herald, Vol. 83, No. 3, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

Mainstreaming And Integrating The Substance And Spectacle Of Scholar-Baller: A New Game Plan For The Ncaa, Higher Education And Society, Keith Harrison

Dr. C. Keith Harrison

The purpose of this chapter is to theoretically and empirically capture the cultural divide between education and sport and entertainment in American society. The NCAA Academic Reform Movement has evolved from holding individuals accountable to presently monitoring institutions and their retention and graduation success of college student athletes. This movement will require a deeper examination of how culture influences academic attitudes and lifelong learning. Based on empirical data from different methodologies, this chapter proposes that student athletes; especially African American males, are often stereotyped with few strategies to empower their academic and athletic identities. The Scholar-Baller Paradigm is designed to …

Ua12/2/1 College Heights Herald, Vol. 83, No. 1, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

Faculty And Male Student Athletes In Higher Education: Racial Differences In The Environmental Predictors Of Academic Achievement, Keith Harrison

Dr. C. Keith Harrison

Studies have examined the impact of environmental variables on academic achievement among student athletes in the revenue-generating sports of men’s basketball and football. However, while evidence concerning the positive impact of male student athlete and faculty interaction is virtually unequivocal, we are not certain whether the benefits accruing from particular types of interaction vary across different racial/ethnic groups. This study explores the relationship between male Black and White student athletes and faculty as well as the impact of specific forms of student athlete– faculty interaction on academic achievement. Data are drawn from the Cooperative Institutional Research Program’s 2000 Freshman Survey …

First Generation E-Rulemaking: An Assessment Of Regulatory Agency Websites, Stuart Shapiro, Cary Coglianese

All Faculty Scholarship

We examine 89 websites from federal regulatory agencies in order to evaluate their ease of use for those interested in commenting on or learning about their proposed regulations. We find that while there has been a lot of attention given to second and third generation “e-rulemaking” efforts, agency websites, a first generation innovation, still have considerable room for improvement. Notwithstanding legislative and executive branch efforts to enhance the accessibility of regulatory information on the Internet, our coding of regulatory agency websites reveals considerable variation in the quality of agency websites, with many websites still failing to provide relatively basic features.

Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft

Inside UNLV

No abstract provided.

Telecommunication Regulation Analysis Using Legal Realism Principals, Mohamed Amin Elnawawy

Archived Theses and Dissertations

No abstract provided.

Texts, Lies, And Changed Positions, Judith D. Fischer

Judith D. Fischer

This review of Judge Richard Posner's Little Book of Plagiarism concludes that the book adds to the discussion of plagiarism by noting the topic’s gray areas and proposing criteria for identifying plagiarism. Posner states that plagiarism occurs when a writer who copies another's language or ideas both conceals the copying and induces readers' reliance. By discussing plagiarism in different settings, including novels, court opinions, professors' work, and student work, the book shows why analysis of the offense and its consequences must be nuanced. Professors should be warned that in places Posner seems to minimize the gravity of student copying, especially …

Google's Law, Greg Lastowka

Greg Lastowka

Google has become, for the majority of Americans, the index of choice for online information. Through dynamically generated results pages keyed to a near-infinite variety of search terms, Google steers our thoughts and our learning online. It tells us what words mean, what things look like, where to buy things, and who and what is most important to us. Google’s control over “results” constitutes an awesome ability to set the course of human knowledge. As this paper will explain, fortunes are won and lost based on Google’s results pages, including the fortunes of Google itself. Because Google’s results are so …

A Primer On Network Neutrality, Rob M. Frieden

Rob Frieden

This paper will explain the different conceptualizations of network neutrality and why a debate has arisen about whether governments need to establish rules mandating nondiscrimination. The paper will identify what types of price and quality of service discrimination represent legitimate efforts to diversify Internet-mediated services and to satisfy increasingly diverse requirements of content providers and consumers. The paper concludes that while many concerns about network neutrality overstate the potential for harm, ISPs should offer non-neutral services in a fully transparent manner so that regulators can distinguish between actual and induced network congestion as well as other potential harm to content …

Network Neutrality And Its Potential Impact On Next Generation Networks , Rob M. Frieden

Rob Frieden

This paper will examine the network neutrality debate with an eye toward assessing how the Internet will evolve as a major platform for content access and distribution. The paper accepts as necessary and proper many types of price and quality of service discrimination, but also identifies other types of potentially hidden and harmful discrimination. The paper concludes with an identification of best practices in “good” discrimination that should satisfy most network neutrality goals without creating disincentives that might dissuade ISPs from building the infrastructure needed distribution of high bandwidth consuming content such as full motion video.

Broadband Deployment To Rural America: The Foundation Of American Innovation In The Digital Age, Don E. Reeve

Don E Reeve Jr.

This note is a focused discussion of the importance of rural broadband inclusion in the scheme of national broadband deployment through an examination of Presidential Candidate Senator Hillary Clinton’s proposed broadband policies. With the rise of the global digital marketplace, the significance of broadband deployment to underserved communities not only rest on the benefits that broadband service provides but also on the potential damage non-inclusion can cause to our nation’s economic and institutional stability. This truth is the catalyst behind the prominence of broadband, and in particular rural broadband inclusion, in the current presidential campaigns. Accordingly, this note examines the …

Practicing Civility In The Legal Writing Course: Helping Law Students Learn Professionalism, Sophie M. Sparrow

Law Faculty Scholarship

This Article suggests some concrete ways to teach civility— one component of professionalism—to law students. Professionalism certainly includes much more than civility, incorporating the concepts of ethics, morals, public service, life-long learning, personal integrity, professional identity, and a commitment to selfdevelopment. This Article begins with a brief overview of civility in Part I. Part II provides a few of the many arguments for why we should teach law students to be civil. Part III explores some concrete ways in which we can teach civility within individual classes, using the dynamics of student engagement in the classroom as an opportunity to …

What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Ua12/8 Campus Security Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker

All Faculty Scholarship

The paper argues that only the assumption that the Press Clause has a meaning independent of the Speech Clause could explain either different First Amendment treatment of individuals and the press or different First Amendment treatment of the press and other businesses. Suggesting an interpretation of the Press Clause as protecting the institutional integrity of the Fourth Estate, it then examines fifteen areas of law and finds that in each area the press receives different treatment – precisely the different treatment that the Fourth Estate theory predicts. Moreover, no area of law is found to be inconsistent with this independent …

Ua12/8 Departmental Update, Wku Police

WKU Archives Records

2007 WKU Police departmental newsletters.

Fair Use Harbors, Gideon Parchomovsky, Kevin A. Goldman

All Faculty Scholarship

The doctrine of fair use was originally intended to facilitate those socially optimal uses of copyrighted material that would otherwise constitute infringement. Yet the application of the law has become so unpredictable that would-be fair-users can rarely rely on the doctrine with any significant level of confidence. Moreover, the doctrine provides no defense for those seeking to make fair uses of material protected by anti-circumvention measures. As a result, artists working in media both new and old are unable to derive from copyrighted works the full value to which the public is entitled. In this Essay, we propose a solution …