Law Commons^™

J Mich Dent Assoc April 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this April 2022 issue, the reader will find the following original content:

• A cover feature “Protect Your Patients and Yourself: The Complete and Honest Medical History”
• A feature article “The Foundation for Dental Care: The Patient Interview and Dental/Medical Health History”
• A 10-Minute EBD “The Preferred Analgesia for Orthodontic Tooth Movement: Acetaminophen or NSAIDs?”
• News you need: an Editorial, a "Reminder about Antitrust Law", and regular department articles, …

Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only provide news of the day updates, humor, and support for those in need but also is replete with ethical landmines for the unwary lawyer. Lawyers commenting on current events, their cases, or responding to a client’s negative online review, have suffered damage to their careers. In some instances, they have even …

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Notre Dame Journal on Emerging Technologies

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …

How Should We Regulate The Internet? A Proposal, Natalie Petruzelli

The Review: A Journal of Undergraduate Student Research

With the invention of the internet providing newfangled methods of spreading information around the world, misinformation has also found home in these pathways, disrupting the general public’s ability to discern fact from fiction and creating divides in society. Regulation must be enacted to stop the effects of misinformation, but the efforts of technology companies and the general public have been insufficient thus far. Regulatory control of the internet and its content should be the responsibility of the government, based on their constitutional right to intervene under certain circumstances and the fact that previous efforts by other parties to mitigate misinformation …

Social Media User Relationship Framework (Smurf), Anne David, Sarah Morris, Gareth Appleby-Thomas

Journal of Digital Forensics, Security and Law

The use of social media has spread through many aspects of society, allowing millions of individuals, corporate as well as government entities to leverage the opportunities it affords. These opportunities often end up being exploited by a small percentage of the user community who use it for objectionable or unlawful activities; for example, trolling, cyber bullying, grooming, luring. In some cases, these unlawful activities result in investigations where swift retrieval of critical evidence required in order to save a life.

This paper presents a proof of concept (PoC) framework for social media user attribution. The framework aims to provide digital …

Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller

William & Mary Bill of Rights Journal

On February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.

These recent events have resulted in new and burdensome pressures for schools …

Reclaiming The Intellectual, Emily M.S. Houh

Ohio Northern University Law Review

No abstract provided.

Social Media And Censorship: Rethinking State Action Once Again, Michael Patty

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Sensors Everywhere: Using Satellites And Mobile Phones To Reduce Information Uncertainty In Human Rights Crisis Research, Christoph Koettl

Genocide Studies and Prevention: An International Journal

This article critically reviews the use of ICTs for human rights crisis research. While focusing on two specific technologies—satellite imagery and mobile phone technology—it proposes a general framework for analyzing the added value of ICTs. The author suggests that their added value in mass atrocities research arises from their ability to reduce information uncertainty, a challenge that is exacerbated in the digital age. This is different from delivering “truth”, an inaccurate description that only leads to unfulfilled expectations and hopes. The article is written from a practitioner’s perspective, drawing from the work of a global human rights watchdog, thus avoiding …

How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs

Catholic University Journal of Law and Technology

This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

August Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Two Faces of Twitter: Revolution in a Digital Age. By Darrell West. The Huffington Post. July 30, 2009.

Iran: Who Is Quicker - The Hacker Or The Twitter?, Anja Mihr

Human Rights & Human Welfare

For a moment we believed that we had entered into a new era of democratic movement. Twitter, Facebook, YouTube and Google—chat have given proof that regardless where people live, what background they have, what system they adhere to or what religion they practice: they want to share the injustice and violence that happens to them with the world. They seek awareness, help and support and moreover they look for an end to the unfair and violent treatment. So have thousands of people in Iran—and still they do. They use what is the most widely available, quickest and the cheapest way …

Protest, Iranian Style: A Two-Way Conversation?, Shareen Hertel

Human Rights & Human Welfare

Darrell West gets it right when he argues that despite their promise, digital technologies alone “cannot produce revolutions. To generate fundamental change, it still takes strong leadership, powerful ideas, and people willing to risk detention and imprisonment.” West is writing about Iran—and the critical role that social networking has played in fostering social protest in the wake of a disputed election in that country. He also warns that oppressive regimes may turn the very same tool of protest against those fighting for freedom, by using digital technology to track protesters. Yet West underplays the importance of social networking for cracking …

Twitter And Youtube: Positive Developments For Human Rights Protection?, Nicola Colbran

Human Rights & Human Welfare

A number of statements have been made regarding the benefit to human rights protection of advances in technology. However, can these advances also have a negative impact?

Focusing on instant messaging and social network services such as Twitter and YouTube, the positives are quickly apparent. They can draw immediate attention to human rights violations that may otherwise go unnoticed, allow interested parties to stay abreast of developments in the protection of human rights, and create strength and courage in numbers for action that may not be anticipated by the perpetrator. These services also enable human rights activists to tweet their …

Stop The Revolution, Michael Jackson Is Dead!, William Paul Simmons

Human Rights & Human Welfare

We won’t soon forget the rapid fire pace of “tweets” and Facebook posts direct from the streets of Tehran. The haunting images of Neda Agha Soltan shocked the consciences of hundreds of thousands around the globe as it went “viral.”