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Articles 1 - 23 of 23
Full-Text Articles in Law
Dollywood Bollywood, Kembrew Mcleod
Music Piracy And The Audio Home Recording Act, Tia Hall
Music Piracy And The Audio Home Recording Act, Tia Hall
Duke Law & Technology Review
In spite of the guidance provided by the Audio Home Recording Act (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA.
Virtual Child Pornography On The Internet: A “Virtual” Victim?, Dannielle Cisneros
Virtual Child Pornography On The Internet: A “Virtual” Victim?, Dannielle Cisneros
Duke Law & Technology Review
Child pornography is an exception to First Amendment freedoms because it exploits and abuses our nation's youth. The latest trend in that industry is "virtual child" pornography. "Virtual child" pornography does not use real children or images of real identifiable children. When the object of desire is not a child, but merely a combination of millions of computer pixels crafted by a skilled artist, can the government ban this allegedly victimless creation?
New “Unbundling” Rules: Will The Fcc Finally Open Up Cable Broadband?, Sarah North
New “Unbundling” Rules: Will The Fcc Finally Open Up Cable Broadband?, Sarah North
Duke Law & Technology Review
This iBrief discusses a recent Court of Appeals decision remanding FCC rules on the "unbundling" of Internet services by telephone exchange carriers. These rules ordered many Internet service providers to share their equipment with competitors, so that consumers could choose their providers instead of having to accept all services from the company who installed the physical Internet connection. Cable Internet providers are not included in these rules. This iBrief predicts that cable broadband operators will soon be governed by the same "unbundling" provisions as other ISPs.
Rap Food Nation, Kembrew Mcleod
Political Psychology In The Contemporary Political World, Ibpp Editor
Political Psychology In The Contemporary Political World, Ibpp Editor
International Bulletin of Political Psychology
This edition of IBPP explores several recent political events from the vantage point of political psychological perspectives and constructs.
Rats Entertainment!, Kembrew Mcleod
Everyone’S A Critic: Defamation And Anonymity On The Internet, Allison Stiles
Everyone’S A Critic: Defamation And Anonymity On The Internet, Allison Stiles
Duke Law & Technology Review
Internet publishing is easy and has become commonplace in ourtechnology-focused society. Although this type of publication can beexciting and helpful for those interested in communicating an idea, theissue of anonymous speech on the Internet has created some complications in the rather established tort of defamation. This article will discuss two approaches recently taken by two different courts in response to the Internet-anonymity issue and will evaluate them based on their ability to strike a balance between protecting free speech and protecting against defamation.
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley
Journal Articles
This article examines the inherent conflict between This article examines the inherent conflict between two Congressional approaches to public access to the Internet - the provision of federal funding support to schools and public libraries to ensure broad access to online information regardless of financial means, and federal restrictions on children's use of school and public library computers to access content that the government feels could be harmful to them. It analyzes the efficacy and constitutionality of the Children's Internet Protection Act (CIPA), Congress's attempt to use its powers of the purse to control objectionable online content in the very …
Can A Theory Of Interpretation Make A Difference?, George H. Taylor
Can A Theory Of Interpretation Make A Difference?, George H. Taylor
Articles
Can a theory of interpretation make a difference? The question has been posed most prominently by Judge Richard Posner, who, in recent work, has criticized the ability to make a difference of both theory writ large and of a theory of interpretation in particular. In other work I contend, contrary to Posner, that a theory of interpretation can make a difference at the level of methodology. Using the example of constitutional and statutory interpretation in law, I develop a theory that argues for the propriety and value of certain methods of interpretation over others. In the present essay, my concern …
Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu
Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu
Research Collection Yong Pung How School Of Law
The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …
Deception In Advertising: A Content Analysis Of The Legal Parameters Of Deception, E. Carla Mitchell
Deception In Advertising: A Content Analysis Of The Legal Parameters Of Deception, E. Carla Mitchell
Theses and Dissertations in Business Administration
One of the primary attributes of a free market economy is the uninhibited flow of truthful information regarding the goods and services available in the marketplace (Azcuenaga 1995). This free flow of information, in the form of advertising, enhances market performance by informing consumers and enabling firms to compete equitably based on the attributes of their offerings. Studies reveal that, for the vast majority of marketing managers, the regulatory environment serves as the primary influence in advertising strategy development and decision-making (Davis 1994). However, in their theory development, behavioral researchers often ignore the legal aspects promulgated by the FTC. Furthermore, …
Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter
Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
What Do We Do When We Do Law And Popular Culture, Jessica Silbey
What Do We Do When We Do Law And Popular Culture, Jessica Silbey
Faculty Scholarship
"What We Do When We Do Law and Popular Culture" establishes a theoretical framework for analyzing legal popular culture, taking as its point of departure Richard Sherwin's book "When Law Goes Pop." The article stresses what Professor Silbey considers to be three major stumbling blocks in the growing interdiscipline of law and popular culture. She argues that if we are to advance our understanding of the relationship between law and popular culture, we must follow at least three simple charges: (1) demarcate our beginning concepts, such as law or culture, so that amidst the vast phenomena that may be called …
Musical Production, Copyright And The Private Ownership Of Culture, Kembrew Mcleod
Musical Production, Copyright And The Private Ownership Of Culture, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Gender And Rock Criticism, Kembrew Mcleod
The History And Politics Of Hip-Hop Journalism, Kembrew Mcleod
The History And Politics Of Hip-Hop Journalism, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Intellectual Property Law, Freedom Of Expression And The Internet, Kembrew Mcleod
Intellectual Property Law, Freedom Of Expression And The Internet, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
From The Ronettes To The Ramones: An Uncool History Of Punk, Kembrew Mcleod
From The Ronettes To The Ramones: An Uncool History Of Punk, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Rocking With The Noise Boys: Gender, Discourse And Rock Criticism, Kembrew Mcleod
Rocking With The Noise Boys: Gender, Discourse And Rock Criticism, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison
Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison
Dr. C. Keith Harrison
Eminent scholar Harry Edwards (2000) has articulated three major realities of African American males in sports: a) The presumption of innate, race-linked black athletic superiority and intellectual deficiency; b) media propaganda portraying sports as a broadly accessible route to African American social and economic mobility; and c) a lack of comparably visible, high-prestige African American role models beyond the sports arena. Driven by labeling theory (Becker, 1963; Goffman, 1959), eight African American male student athletes were surveyed and interviewed. The last two points of Edwards' scholarship were investigated. "We have pretty good historical data and quantitative data about African American …
African American Racial Identity And Sport, Keith Harrison
African American Racial Identity And Sport, Keith Harrison
Dr. C. Keith Harrison
The purpose of this paper is to attempt to synthesize and apply African American racial identity theory and related research to the development of sport and physical activity patterns and preferences in African American youth. Historically the African American over-representation in particular sports phenomena has been examined genetically, anthropocentrically, physiologically, sociologically, and psychologically. The profusion of explanations is a testimony to the complexity of this phenomena. This manuscript provides yet another compelling perspective. Cross [(1995) The psychology of Nigrescence: revising the Cross Model, in: J.G. PONTEROTTO et al. (Eds) Handbook of Multicultural Counseling (Thousand Oaks, CA, Sage)] outlines the metamorphic …
Who Can A Baller Trust? Analyzing Public University Response To Alleged Student-Athlete Misconduct In A Commercial And Confusing Environment, Keith Harrison
Who Can A Baller Trust? Analyzing Public University Response To Alleged Student-Athlete Misconduct In A Commercial And Confusing Environment, Keith Harrison
Dr. C. Keith Harrison
No abstract provided.