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Untangling The Web: Exploring Internet Regulation Schemes In Western Democracies, Renee Keen Oct 2011

Untangling The Web: Exploring Internet Regulation Schemes In Western Democracies, Renee Keen

San Diego International Law Journal

This Comment investigates past censorship schemes proposed and implemented by selected democratic administrations, in order to develop an improved framework and accompanying infrastructure that may accomplish the goals that these policies envisioned, but failed to achieve. The difficulty of this undertaking is in developing the intermediate and legally defensible parameters under which a regulation scheme can endure and gain support in a democratic society. The greater difficulty lies in developing a system that can accomplish these objectives in the burgeoning and ever-changing cyber realm. The challenges posed by Internet activity are novel ones, and the legitimacy of the actions taken …


It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml May 2011

It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml

Federal Communications Law Journal

The advent of the Internet has brought tremendous technological advancements and growth to the world. However, it has also become a source of conflict, particularly when different countries attempt to regulate this very ubiquitous and amorphous medium. The most notable controversy has arisen in China home to the world's most advanced system of Internet censorship, which levies harsh penalties on those who violate the country's strict censorship laws. China's "Great Firewall" has raised many eyebrows and is garnishing substantial criticism in response to the human rights abuses that result from the jailing and reported torture of Chinese dissidents. Yet the …


Abeyance And Spontaneity In Tunisia, Louis Edgar Esparza Feb 2011

Abeyance And Spontaneity In Tunisia, Louis Edgar Esparza

Human Rights & Human Welfare

On August 16, 1819, tens of thousands of workers gathered in what is now St. Peter’s Square in Manchester to demand suffrage. Entire families, parishes, and townships assembled, fueled by increasing commodity prices and political disenfranchisement. They had spread the word from town to town, and from church to church, that this previously banned meeting was indeed to occur. It was the culmination of months of agitation on the part of common people to achieve economic and political reform. The government responded violently to the challenge of its authority, as governments so often do, leading to a score of deaths …


“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey Feb 2011

“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey

Duke Law Journal

The common understanding of the First Amendment is that its purpose is primarily libertarian, serving to protect private citizens' expression from government censorship. In the modern era, however, the government's pervasive presence-especially in the role of funder of private activity-has blurred the lines between governmental and private speech. Further, the relatively new, increasingly influential government speech doctrine-which dictates that the government will not be subjected to First Amendment scrutiny when it is engaging in communication-has been the Supreme Court's guidepost of late when the Court has been confronted with a case involving expression with both private and public elements. The …


How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai Jan 2011

How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai

Duke Journal of Comparative & International Law

No abstract provided.