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Full-Text Articles in Law
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy S. Kim, D. A. Telman
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy S. Kim, D. A. Telman
Missouri Law Review
Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …
Creation Of Transnational Administrative Structures Governing Internet Communication, The , Russell L. Weaver, Duncan Fairgrieve, Francois Lichere
Creation Of Transnational Administrative Structures Governing Internet Communication, The , Russell L. Weaver, Duncan Fairgrieve, Francois Lichere
Missouri Law Review
As the world becomes more economically integrated, increasing numbers of problems arise that are best handled through international treaties and transnational regulatory structures.4 For example, there have been concerns regarding the safety of products shipped from developing countries. These concerns have involved manufactured products, but have been particularly evident with food. Numerous examples can be found. The Japanese “discovered high levels of pesticides in imported spinach,” and U.S. “pets died from eating [imported] pet food contaminated with toxic chemicals.” In France, pesticides were discovered in fish imported from Africa, prompting the French government to suspend the importation of all fishes …
Social Networking And Freedom Of Speech: Not Like Old Times , Zachary Shklar
Social Networking And Freedom Of Speech: Not Like Old Times , Zachary Shklar
Missouri Law Review
In Bland v. Roberts, the United States District Court for the Eastern District of Virginia was presented with the issue of whether “liking” a page on Facebook is speech protectable by the First Amendment. This Note argues that the court’s holding, that “liking” something on Facebook is not worthy of First Amendment protection, is a disturbing result that endangers one of our most fundamental rights guaranteed by the Constitution. In Part II, this Note analyzes the facts and holding of Bland v. Roberts. Next, in Part III, this Note describes in detail how Facebook operates and explains the legal background …
Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer
Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer
Missouri Law Review
In this Article, we begin Part II by a brief exploration of the history of bullying in social science research. Part III is a description of the ways that social scientists have attempted to define bullying, and by extension, cyberbullying. We pay particular attention to understanding the roles that the intentionality of the bully, the repetition of the problematic behavior, and the power asymmetry of the bully-victim dyad play in distinguishing bullying from other negative behavior. In Part IV, we track the relationship between bullies and their social worlds, noting that some bullies are marginalized within a broader peer culture …
Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells
Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells
Missouri Law Review
Bullying and its effects concern many of us in the United States. As many as thirty percent of students in grades five through ten have experienced at least one bullying incident in a given year.] Studies further show that up to thirty-five percent of students have been the victims of cyberbullying - i.e., the use of online mediums to bully others. Most observers agree that this number is likely to rise. Such bullying physically and psychologically affects students. It can disrupt their education and cause depression, anxiety, self-harm, suicidal thoughts, and suicide attempts. After several highly publicized suicides, there appears …
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Missouri Law Review
Cyberbullying has gained increasing attention over the past decade, in part driven by significant media coverage on this topic.' While media attention has increased, prevalence rates derived from national and local surveys indicate that cyberbullying is a less common experience among youth than traditional bullying. Nonetheless, a significant number of youth experience both cyberbullying and its deleterious effects, and additional research is needed to guide nascent prevention and intervention efforts. In particular, existing research does not clarify the extent to which cyberbullying overlaps with traditional bullying or other forms of victimization that children might encounter in their schools, homes, and …
Regulating Student Cyberspeech, Barry P. Mcdonald
Regulating Student Cyberspeech, Barry P. Mcdonald
Missouri Law Review
Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …
Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak
Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak
Missouri Law Review
The competing standards of Internet libel jurisdiction reflect the tensions between the forum state's interest in providing convenient recovery for its injured residents and the defendant's constitutional right to foresee where he might be subject to jurisdiction. In an effort to pursue these two goals as well as integrate modem Internet-related concerns, lower courts have derived numerous divergent tests for Internet libel jurisdiction, leaving the issue in a state of disorder and ambiguity. To analyze this problem, this Note will first survey the historical background of traditional personal jurisdiction principles, with particular emphasis on the U.S. Supreme Court's Calder "effects" …
Unfair Housing On The Internet: The Effect Of The Communications Decency Act On The Fair Housing Act, Andrew J. Crossett
Unfair Housing On The Internet: The Effect Of The Communications Decency Act On The Fair Housing Act, Andrew J. Crossett
Missouri Law Review
The use of online advertisements is a relatively new, but rapidlygrowing phenomenon. Consumers have latched onto the idea of holding an online garage sale and its use has seen a marked increase. For example, online classified advertising services users increased eighty percent between 2004 and 2005. Consumers, however, sell more than baseball gloves and books online. One sector of the online advertisement market that has proven to be problematic is the sale of housing rental space. These advertisements would seemingly fit within the scope of the Fair Housing Act, which contains a provision regulating housing advertisements. However, these advertisements also …
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Missouri Law Review
This article explores how the nature of cyberstalking represents a form of behavior distinct from "offline stalking." As such, the interpretation of many of the statutes dealing with offline stalking may be inadequate to address the problem. The first part of this article explores the differences between offline stalking and cyberstalking. The second part examines what the criminal elements of cyberstalking should be in light of these differences. The third part considers how these differences create gaps in both state and federal stalking statutes so that it may be difficult to adequately prosecute all aspects of cyberstalking. This section also …
Oh. What A Tangled Web...The Continuing Evolution Of Personal Jurisdiction Derived From Internet-Based Contacts, Scott T. Jansen
Oh. What A Tangled Web...The Continuing Evolution Of Personal Jurisdiction Derived From Internet-Based Contacts, Scott T. Jansen
Missouri Law Review
The explosive impact of the Internet has, by its very existence and lack of defining boundaries, opened the door to a fundamental shift in our traditional conceptions of commerce, interaction and accessibility to information. As the law struggles to address this medium of communication - as a realm unto itself requiring new law or simply as another method of communication to which we will apply traditional notions - technology continues to march forward. New conundrums seem to pop up each year, as the World Wide Web further invades daily life. Of course, the usual suspects are involved: free speech, privacy, …