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Full-Text Articles in Law
The Perfect Match: Solving The Due Process Problem Of Signature Matching With Federal Agency Regulation, Rachel Blumenstein
The Perfect Match: Solving The Due Process Problem Of Signature Matching With Federal Agency Regulation, Rachel Blumenstein
Vanderbilt Journal of Entertainment & Technology Law
Local election commissions in the United States disenfranchise Americans when they erroneously reject voters’ mail-in ballots for failed signature matches. Disenfranchisement is not only problematic because it is dangerous to the health of American democracy, but also because signature matching violates the procedural due process protections voters are entitled to when they exercise their right to vote. Furthermore, the practice of signature matching is one of many ballot access restrictions that disproportionately impact minority voters under the guise of voter fraud prevention. Expanding the Election Assistance Commission’s mandate to allow it to develop more accurate methods of ballot verification can …
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Vanderbilt Journal of Entertainment & Technology Law
An increasing number of school districts work with private companies to monitor public social media and to notify administrators of alarming student information. Although these services help address challenging school safety issues, the Family Educational Rights and Privacy Act (FERPA) and state law offer little guidance on how districts should store student social media data. This Note encourages states to pass student records laws similar to recent California legislation and urges the Department of Education to clarify the relationship between student social media and education records under FERPA. New state and federal initiatives would help ensure that third parties may …
Sexual Privacy In The Internet Age: How Substantive Due Process Protects Online Obscenity, Jennifer M. Kinsley
Sexual Privacy In The Internet Age: How Substantive Due Process Protects Online Obscenity, Jennifer M. Kinsley
Vanderbilt Journal of Entertainment & Technology Law
Obscenity is one of the narrow categories of speech that has historically lacked First Amendment free-speech protection, and courts and scholars alike have wrestled with the indefinable and often unworkable nature of the obscenity test. The advent of the Internet has both intensified and yet potentially resolved these problems. Recent Supreme Court cases, such as Lawrence v. Texas, suggest that sexually explicit expression that falls outside the scope of the First Amendment may nevertheless be entitled to privacy protection under Fourteenth Amendment substantive due process. Yet Lawrence's potential applicability to online obscenity has created tension in lower-court decisions and produced …
Sneering At The Law: An Argument For Punitive Damages In Copyright, R. Collins Kilgore
Sneering At The Law: An Argument For Punitive Damages In Copyright, R. Collins Kilgore
Vanderbilt Journal of Entertainment & Technology Law
The Copyright Act limits statutory damages in a copyright action to one award for every work that a plaintiff can prove a defendant infringed. The maximum amount a plaintiff may recover for each work is $30,000, except in the case of willful infringement, for which that amount may be increased to a maximum of $150,000. This Note explains how this dual limitation in the Copyright Act--the one-award-per-work limitation and the cap on statutory damage amounts--allows infringers to manipulate court procedures and corporate structure so that their acts of copyright infringement may maintain profitability despite the imposition of maximum statutory damages. …