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Trending @ Rwu Law: Dean Yelnosky's Post: Why I Tweet Every Day, Michael Yelnosky

Law School Blogs

No abstract provided.

Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines

Terence Lau

In this article, we examine the issues that bring First Amendment jurisprudence to the grant of certiorari in Pleasant Grove v. Summum, scheduled for oral argument in the Supreme Court of the United States in November. We examine the historical basis for America’s religious heritage, the historical judicial treatment of the religious clauses, and the erosion of the wall of separation between church and state. We examine the Ten Commandments, finding inherent discrimination present in modern-day attempts to advance a particular version of the Ten Commandments as secular. By drawing upon Rousseau’s civic religion, we suggest alternative routes for the …

Economies Of The Internet I: Intersections, Kylie Jarrett, Julia Velkova, Peter Jakobsson, Roderick Graham, David Gehring

Sociology & Criminal Justice Faculty Publications

The internet has increasingly been conceptualized as a space of economic activity. This contemporary imaginary has been particularly influenced by insights from the school of Autonomist Marxism in the foundational work of Tiziana Terranova and through the dominance of Christian Fuchs’ application of Marxist economic concepts. While this has generated great insight into the political economy of the internet, and in particular allowed for the conceptualization of user activity as labor, this approach is only one paradigm for considering the economic activities and implications of the internet. For internet research, there is also the need to move beyond the long …

The Open Access Advantage For American Law Reviews, Carol Watson, James M. Donovan, Caroline Osborne

Caroline L. Osborne

Open access within legal academia provides a case study for the effective use of digital formats to promote scholarship. The presenters review the background historical developments in this field, and consider the benefits and rationales for providing open access to legal scholarship, including the special faculty concerns arising from SSRN and its relationship to the institutional repository. Results from the presenters’ recent empirical study of the citation advantage for open access scholarship in American law reviews will be discussed and placed in broader context of the benefits of open access scholarship.

Is Google & People?, Sajjad Khaksari

SAJJAD KHAKSARI

"Google Advertisement Strategy" strictly dominated the "Searching Ranks Results". On the other hand, 70% of the United State population and 90% of European use to used Google as their "Favorite Search Engine".
People use Google but the Google thanks to its "Famous Google Algorithm" offers them the arrangement of links that is consciously favored before by "Google Ad. Engine". In addition, unfortunately Google has many traps to bind, copy and save almost all the information from the users.

The Open Access Advantage For American Law Reviews, Carol Watson, James M. Donovan, Caroline Osborne

Presentations

Open access within legal academia provides a case study for the effective use of digital formats to promote scholarship. The presenters review the background historical developments in this field, and consider the benefits and rationales for providing open access to legal scholarship, including the special faculty concerns arising from SSRN and its relationship to the institutional repository. Results from the presenters’ recent empirical study of the citation advantage for open access scholarship in American law reviews will be discussed and placed in broader context of the benefits of open access scholarship.

The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace

Jane Johnston

Brief Abstract: This article reports the findings of a research project that examined the impact and issues arising from the use of social media in court.

Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo

All Faculty Scholarship

The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.

Juries And Social Media: A Report Prepared For The Victorian Department Of Justice, Jane Johnston, Patrick Keyzer, Geoffry Holland, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

Introduction: It is a fundamental principle of law that an accused has a right to a fair trial. An incident of this right is that information relating to prior convictions of an accused should not be made available to the jury as it may bias their verdict. In our legal system, this principle has traditionally been underpinned by the common law offence of sub judice contempt of court. It is also reinforced by legislation, in each State and Territory, which makes it an offence for a juror to enquire about a person who is a party to a trial or …

The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

Brief Abstract: This article reports the findings of a research project that examined the impact and issues arising from the use of social media in court.

The Migration Of The Book Across Territorial Borders: Copyright Implications For Authors In The Digital Economy, Francina Cantatore

Francina Cantatore

Although the USA, Canada, UK, and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel, importation of books, advances in digital technology, and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted authors’ copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors’ copyright but difficult to address locally. This article deals with the copyright issues faced by authors once their books enter …

Copyright Trolling, An Empirical Study, Matthew Sag

Faculty Articles

This Article proceeds as follows: Part II locates MDJD suits within the broader context of the IP troll debate. It explains why attempts to define copyright trolls in terms of status—i.e., in terms of the plaintiff’s relationship to the underlying IP—are ultimately flawed and suggests a conduct-focused approach based on identifying systematic opportunism. Part II explains why MDJD lawsuits have all of the hallmarks of copyright trolling, and it explores the basic economics of MDJD litigation. It then presents empirical data documenting the astonishing rise of MDJD lawsuits over the past decade. Part III explores the role of statutory damages …

Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine

Articles by Maurer Faculty

No abstract provided.

Cyber Espionage Or Cyber War?: International Law, Domestic Law, And Self-Protective Measures, Christopher S. Yoo

All Faculty Scholarship

Scholars have spent considerable effort determining how the law of war (particularly jus ad bellum and jus in bello) applies to cyber conflicts, epitomized by the Tallinn Manual on the International Law Applicable to Cyber Warfare. Many prominent cyber operations fall outside the law of war, including the surveillance programs that Edward Snowden has alleged were conducted by the National Security Agency, the distributed denial of service attacks launched against Estonia and Georgia in 2007 and 2008, the 2008 Stuxnet virus designed to hinder the Iranian nuclear program, and the unrestricted cyber warfare described in the 1999 book by …

A Market-Oriented Analysis Of The 'Terminating Access Monopoly' Concept, Jonathan E. Nuechterlein, Christopher S. Yoo

All Faculty Scholarship

Policymakers have long invoked the concept of a “terminating access monopoly” to inform communications policy. Roughly speaking, the concept holds that a consumer-facing network provider, no matter how small or how subject to retail competition, generally possesses monopoly power vis-à-vis third-party senders of communications traffic to its customers. Regulators and advocates have routinely cited that concern to justify regulatory intervention in a variety of contexts where the regulated party may or may not have possessed market power in any relevant retail market.

Despite the centrality of the terminating access monopoly to modern communications policy, there is surprisingly little academic literature …

Abc V. Aereo And The Humble Judge, James Y. Stern

Faculty Publications

No abstract provided.

Making "Friends" With The #Ethics Rules: Avoiding Pitfalls In Professional Social Media Use, Cynthia Laury Dahl

All Faculty Scholarship

Lawyers’ professional use of social media is widespread and a critical component to running a successful practice. Yet some common uses of social media easily – and often innocently -- violate the professional rules of ethics. The American Bar Association recently passed amendments to the Model Rules of Professional Conduct to include topics related to social media use, but the amendments still do not address all issues. Likewise, advisory opinions of state and local bar associations and court opinions give scant and sometimes contradictory advice about when a use does or does not violate a Rule. This essay discusses four …