Law Commons^™

Public Forum 2.0, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

Social media have the potential to revolutionize discourse between American citizens and their governments. At present, however, the U.S. Supreme Court's public forum jurisprudence frustrates rather than fosters that potential. This article navigates the notoriously complex body of public forum doctrine to provide guidance for those who must develop or administer government-sponsored social media or adjudicate First Amendment questions concerning them. Next, the article marks out a new path for public forum doctrine that will allow it to realize the potential of Web 2.0 technologies to enhance democratic discourse between the governors and the governed. Along the way, this article …

We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland

H. Brian Holland

No abstract provided.

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

Recognizing Rights In Real Time: The Role Of Google In The Eu Right To Be Forgotten, Edward Lee

Edward Lee

No abstract provided.

Jury 2.0, Caren Morrison

Caren Myers Morrison

When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on this …

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

Does Australia Really Need Mandatory Data Breach Notification Laws - And If So, What Kind?, Sara Smyth

Sara Smyth

Extract

Mandatory data breach notification laws brought much-needed attention to areas of concern that were previously unknown, particularly organisational inadequacies regarding the security of personal information, and led to innovative organisational practices and regulatory initiatives. This is important given that there is little or no incentive for private and public organisations to report data breach information on their own, particularly given the fear of reputational sanctions.137 Yet, data breach notification laws can also bring publicity to breaches that are relatively minor, and not likely to have a significant impact given the low risk of identity theft, which can unnecessarily lead …

The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls

Kevin F Qualls

Free-Press/Fair-Trial contests now happen in a new media age. Judicial remedies such as change-of-venue, sequestration, jury admonitions, and gag orders were fashioned in an era that included broadcast radio and television, an emerging cable television industry, and the traditional print media of newspapers and magazines. That content was, to some degree, geographically bound and temporary. Now those judicial remedies are applied in a new media age that extends the reach of traditional media in time and space while offering interactive capability. The efficacy of these remedies is in question. This paper provides an historical overview of how judicial remedies for …

Big Data, Cyber Security, And Exchange Of Information Challenges, William Byrnes

William H. Byrnes

No abstract provided.

Cases For Lecture 3; Trademarks, Macerata 17 March 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Cases For Lecture 4 - Copyright In Cyberspace, Macerata, 8 April 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Cases For Lecture 5; Private International Law And The Internet, Macerata 15 April 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Social Media Pitfalls For Nonprofits, Terri Helge

Terri L. Helge

No abstract provided.

Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren Morrison

Caren Myers Morrison

Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability, instead of enabling greater public understanding, risks degrading …

Passwords, Profiles, And The Privilege Against Self-Incrimination: Facebook And The Fifth Amendment, Caren Morrison

Caren Myers Morrison

While Facebook has become ubiquitous in most people’s lives, it is also making increasingly frequent appearances in criminal cases. In the past few years, Facebook has emerged as a fertile source of incriminating information from boastful or careless defendants who find in Facebook a great way to project their outlaw persona to the world. But does the Fifth Amendment privilege against self-incrimination shield someone who has posted incriminating information on his Facebook page from being forced to disclose his password or provide access to his profile? While in most cases, Facebook information is public, in rare situations, a law enforcement …

Innovations In Mobile Broadband Pricing, Daniel Lyons

Daniel Lyons

No abstract provided.

Presentation, The Perils Of Internet Interconnection Disclosure, Daniel Lyons

Daniel Lyons

No abstract provided.

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

Ex Parte Presentation On Net Neutrality To General Counsel, Federal Communications Commission, Daniel Lyons

Daniel Lyons

No abstract provided.

Panelist, Net Neutrality And The Future Of Internet Access, Daniel Lyons

Daniel Lyons

No abstract provided.

The Internet, Free Trade, And Transparency: An International Perspective, Peter Yu

Peter K. Yu

No abstract provided.

The Potential Of Multilateral Environmental Agreements To Protect In Relation To Armed Conflict, Britta Sjöstedt

Britta Sjöstedt

This paper is provided for a seminar included in the UN International Law Commission (ILC) Seminars. The seminar deals with the important topic “Protection of the Environment in relation to Armed Conflict” that was put on the ILC’s current agenda of programme in May 2013. In this paper, I will share some of my comments on the new topic at ILC’s agenda. These focus on the potential of multilateral environmental agreements. The destructive activities taking place in relation to armed conflict can cause irreversible impacts on the environment. They can destruct important ecosystems, poison watercourses and extinct species. Keeping in …

Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …

Internet Regulation, Peter Yu

Peter K. Yu

No abstract provided.

Panelist And Participant, "Why The Wires Matter: A Broadband Policy Seminar For A New Generation Of Scholars", Daniel Lyons

Daniel Lyons

No abstract provided.

The Use Of Social Network Evidence At Trial, Lynne Rambo

Lynne H. Rambo

No abstract provided.

The Internet As The World's Biggest Copy Machine, And How Plaintiff's Bar Seeks To Monetize It, Daniel Lyons

Daniel Lyons

On February 23, 2013, Professor Lyons presented at the First Circuit Spring Meeting of the American Bar Association Student Division.