Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Commercial Law (4)
- Internet Law (3)
- Contracts (2)
- Economics (2)
- Social and Behavioral Sciences (2)
-
- Arts and Humanities (1)
- Computer Law (1)
- Constitutional Law (1)
- Contemporary Art (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- Film and Media Studies (1)
- History of Art, Architecture, and Archaeology (1)
- Intellectual Property Law (1)
- Legal Profession (1)
- Science and Technology Law (1)
- Visual Studies (1)
- Publication Year
Articles 1 - 15 of 15
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 …
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
Laurie B. Serafino
Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …
Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill
Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill
Louise L Hill
This article is an adaptation of "Gone but Not Forgotten: When Privacy, Policy and Privilege Collide" originally published in the Northwestern Journal of Technology and Intellectual Property, Volume 9, Issue 8, 2011
Jury 2.0, Caren Myers Morrison
Jury 2.0, Caren Myers 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 is the first to focus legal discourse …
Jury 2.0, Caren Myers Morrison
Jury 2.0, Caren Myers 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 a 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 is the first to focus legal discourse …
Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse
Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse
Deborah Brightman Morse
Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection …
Cyberspace Law Survey: Introduction, Juliet Moringiello, Michael Fleming
Cyberspace Law Survey: Introduction, Juliet Moringiello, Michael Fleming
Juliet M Moringiello
No abstract provided.
Cybercrime: Digital Cops In A Networked Environment
Cybercrime: Digital Cops In A Networked Environment
James Grimmelmann
A set of essays by participants in the Yale Law School Cybercrime Conference held in March 2004.
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.
Grasping Intangibles: Domain Names And Creditors’ Rights, Juliet Moringiello
Grasping Intangibles: Domain Names And Creditors’ Rights, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield
Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield
Gillian K Hadfield
No abstract provided.
Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield
Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield
Gillian K Hadfield
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. …