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Full-Text Articles in Law
Public Forum 2.0, Lyrissa Barnett Lidsky
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 …
Customary Internet-Ional Law: Creating A Body Of Customary Law For Cyberspace, Kam Wai, Warren Bartholomew Chik
Customary Internet-Ional Law: Creating A Body Of Customary Law For Cyberspace, Kam Wai, Warren Bartholomew Chik
Warren Bartholomew Chik
The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and …
Harassment Through Digital Media: A Cross-Jurisdictional Comparative Analysis On The Law On Cyberstalking, Warren B. Chik
Harassment Through Digital Media: A Cross-Jurisdictional Comparative Analysis On The Law On Cyberstalking, Warren B. Chik
Warren Bartholomew Chik
The cyber world is an extension of the real world. It is another dimension where we can work, study and play. But people also tend to lose their inhibitions on the Internet, often while keeping their anonymity. Because of the perceived and real freedoms in the digital environment, people are emboldened to act in ways that they may not normally do in the real world. One recent phenomenon that is steadily becoming a problem in every country with a high level of electronic connectivity is the act of cyberstalking. The electronic medium is an important factor due to its very …
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed …
Contracts, Payments And What To Do With All That Data: Introduction To The 2006 Cyberspace Survey, Juliet Moringiello
Contracts, Payments And What To Do With All That Data: Introduction To The 2006 Cyberspace Survey, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow
Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow
Ann Bartow
This Article starts by providing an overview of the types of personal data that is collected via the Internet, and the ways in which this information is used. The author asserts that because women are more likely to shop and share information in cyberspace, the impact of commodification of personal data disproportionately impacts females, enabling them to be "targeted" by marketing campaigns, and stripping them of personal privacy. The author then surveys the legal terrain of personal information privacy, and concludes that it is unlikely that the government will step in to provide consumers with substantive privacy rights or protections. …