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Full-Text Articles in Law
Disruptive Technology And Securities Regulation, Chris Brummer
Disruptive Technology And Securities Regulation, Chris Brummer
Fordham Law Review
Nowhere has disruptive technology had a more profound impact than in financial services—and yet nowhere do academics and policymakers lack a coherent theory of the phenomenon more, much less a coherent set of regulatory prescriptions. Part of the challenge lies in the varied channels through which innovation upends market practices. Problems also lurk in the popular assumption that securities regulation operates against the backdrop of stable market gatekeepers like exchanges, broker-dealers, and clearing systems—a fact scenario increasingly out of sync in twenty-first-century capital markets.
This Article explains how technological innovation “disrupts” not only capital markets but also the exercise of …
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Fordham Law Review
Copyright owners have the exclusive right to perform their works publicly and the ability to license their work to others who want to share that right. Subsections 106(4) and (5) of the Copyright Act govern this exclusive public performance right, but neither subsection elaborates on what constitutes a performance made “to the public” versus one that remains private. This lack of clarity has made it difficult for courts to apply the Copyright Act consistently, especially in the face of changing technology.
Companies like Aereo, Inc. and AereoKiller, Inc. developed novel ways to transmit content over the internet to be viewed …
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Fordham Law Review
We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder’s death. Unlike digital assets’ physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled by …
Crying Over The Cache: Why Technology Has Compromised The Uniform Application Of Child Pornography Laws, Katie Gant
Crying Over The Cache: Why Technology Has Compromised The Uniform Application Of Child Pornography Laws, Katie Gant
Fordham Law Review
As thousands of individuals surf the internet daily, every image on every web page is saved automatically to their computer’s cache, absent user direction. Sections 2252(a)(2) and 2252(a)(4)(B) of Title 18 of the U.S. Code criminalize knowing possession and knowing receipt of child pornography images. For the defendant who intentionally saves illicit images to his computer, the cache simply verifies already-proven knowing possession or receipt. However, for the defendant who only views child pornography online, the presence of images in the cache may not be enough to prove knowledge beyond a reasonable doubt. How can the prosecution prove a defendant …
The Theory Of Generativity, David G. Post
The Fourth Quadrant, Jonathan Zittrain
The Compatibility Of Patent Law And The Internet, Jeanne C. Fromer
The Compatibility Of Patent Law And The Internet, Jeanne C. Fromer
Fordham Law Review
No abstract provided.
Notes From The New World: The Future Of The Internet, Editors' Foreword
Notes From The New World: The Future Of The Internet, Editors' Foreword
Fordham Law Review
No abstract provided.
Dna And Due Process, Brandon L. Garrett
Dna And Due Process, Brandon L. Garrett
Fordham Law Review
The U.S. Supreme Court in District Attorney’s Office v. Osborne confronted novel and complex constitutional questions regarding the postconviction protections offered to potentially innocent convicts. Two decades after DNA testing exonerated the first inmate in the United States, the Court heard its first claim by a convict seeking DNA testing that could prove innocence. I argue that, contrary to early accounts, the Court did not reject a constitutional right to postconviction DNA testing. Despite language suggesting the Court would not “constitutionalize the issue” by announcing an unqualified freestanding right, Chief Justice Roberts’s majority opinion proceeded to carefully fashion an important, …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Fordham Law Review
No abstract provided.
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Fordham Law Review
No abstract provided.
Transferring Innovation, Jay P. Kesan
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
Fordham Law Review
No abstract provided.
Congress, The Courts, And New Technologies: A Response To Professor Solove , Orin S. Kerr
Congress, The Courts, And New Technologies: A Response To Professor Solove , Orin S. Kerr
Fordham Law Review
No abstract provided.
"Yelling Fire" And Hacking: Why The First Amendment Does Not Permit Distributing Dvd Decryption Technology?, Bonnie L. Schriefer
"Yelling Fire" And Hacking: Why The First Amendment Does Not Permit Distributing Dvd Decryption Technology?, Bonnie L. Schriefer
Fordham Law Review
No abstract provided.
The "Art" Of Procreation: Why Assisted Reproduction Technology Allows For The Preservation Of Female Prisoners' Right To Procreate, Sarah L. Dunn
The "Art" Of Procreation: Why Assisted Reproduction Technology Allows For The Preservation Of Female Prisoners' Right To Procreate, Sarah L. Dunn
Fordham Law Review
No abstract provided.
Online Standardization And The Integration Of Text And Machine, Margaret Jane Radin
Online Standardization And The Integration Of Text And Machine, Margaret Jane Radin
Fordham Law Review
No abstract provided.
Providing Legal Services For The Middle Class In Cyberspace: The Promise And Challenge Of On-Line Dispute Resolution, Louise Ellen Teitz
Providing Legal Services For The Middle Class In Cyberspace: The Promise And Challenge Of On-Line Dispute Resolution, Louise Ellen Teitz
Fordham Law Review
No abstract provided.
Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie C. Levin
Preliminary Reflections On The Professional Development Of Solo And Small Law Firm Practitioners, Leslie C. Levin
Fordham Law Review
No abstract provided.
Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza
Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza
Fordham Law Review
No abstract provided.
Financial Reporting And Risk Mangagement In The 21st Century , Richard I. Miller, Michael R. Young
Financial Reporting And Risk Mangagement In The 21st Century , Richard I. Miller, Michael R. Young
Fordham Law Review
No abstract provided.
Defamation, Jessica R. Friedman
Privacy And Communications Networks, Joseph A. Post
Privacy And Communications Networks, Joseph A. Post
Fordham Law Review
No abstract provided.
Censorship, Charles L. White
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
Fordham Law Review
No abstract provided.
Litigation In 2050: A Backward-Forward, Topsy-Turvy Look At Dispute Resolutions, Lawrence J. Fox
Litigation In 2050: A Backward-Forward, Topsy-Turvy Look At Dispute Resolutions, Lawrence J. Fox
Fordham Law Review
Litigation in 2050: A Backward, Forward, Topsy-Tury Look at Dispute Resolutions was originally comissioned by the American Bar Association Center for Professional Responsibility. Along with two companion pieces reflecting varying perspectives on the same subject, it was presented as part of the Seventeenth Annual Conference on Professional Responsibility, presented at Scottsdale, Arizona, June 6-9, 1991. It appears here with the permission of the American Bar Association.
A Needed Reform Of The Organization And Regulation Of The Interstate Electric Power Industry, John T. Miller, Jr.
A Needed Reform Of The Organization And Regulation Of The Interstate Electric Power Industry, John T. Miller, Jr.
Fordham Law Review
No abstract provided.
Law, Communication, And Social Change-A Hypothesis, Mark H. Aultman
Law, Communication, And Social Change-A Hypothesis, Mark H. Aultman
Fordham Law Review
No abstract provided.
Science Can Get The Confession, Walter G. Summers
Science Can Get The Confession, Walter G. Summers
Fordham Law Review
No abstract provided.