Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (47)
- Intellectual Property Law (19)
- Science and Technology Law (14)
- Privacy Law (12)
- Computer Law (9)
-
- First Amendment (9)
- Social and Behavioral Sciences (9)
- Legal Education (7)
- Communications Law (6)
- Law and Society (6)
- Constitutional Law (5)
- International Law (5)
- National Security Law (5)
- Business Organizations Law (4)
- Contracts (4)
- Economics (4)
- Fourth Amendment (4)
- Administrative Law (3)
- Criminal Law (3)
- Legal Writing and Research (3)
- Public Affairs, Public Policy and Public Administration (3)
- Behavioral Economics (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Conflict of Laws (2)
- Consumer Protection Law (2)
- Courts (2)
- Entertainment, Arts, and Sports Law (2)
- European Law (2)
- Institution
-
- Selected Works (14)
- The University of Akron (9)
- University of Michigan Law School (8)
- SelectedWorks (7)
- Fordham Law School (3)
-
- Loyola Marymount University and Loyola Law School (3)
- Pace University (3)
- Roger Williams University (3)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- The Catholic University of America, Columbus School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Baltimore Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- California Western School of Law (1)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Louisiana State University Law Center (1)
- Montclair State University (1)
- Nova Southeastern University (1)
- Ohio Northern University (1)
- Old Dominion University (1)
- Penn State Law (1)
- St. John's University School of Law (1)
- The University of Notre Dame Australia (1)
- University at Albany, State University of New York (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Denver (1)
- Publication
-
- Akron Law Review (9)
- Fordham Intellectual Property, Media and Entertainment Law Journal (3)
- All Faculty Scholarship (2)
- Articles (2)
- Articles & Chapters (2)
-
- Articles by Maurer Faculty (2)
- Life of the Law School (1993- ) (2)
- Loyola of Los Angeles Law Review (2)
- Michigan Journal of International Law (2)
- Michigan Telecommunications & Technology Law Review (2)
- Pace Law Review (2)
- Patricia L. Bellia (2)
- Touro Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Wayne R. Barnes (2)
- William & Mary Law Review (2)
- raphael cohen-almagor (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Catherine J. Lanctot (1)
- Catholic University Journal of Law and Technology (1)
- Catholic University Law Review (1)
- College of Law Faculty Scholarship (1)
- Cynthia R. Farina (1)
- David E. Sorkin (1)
- David M Driesen (1)
- Department of Political Science and Law Faculty Scholarship and Creative Works (1)
- Electronic Thesis and Dissertation Repository (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Publication Type
- File Type
Articles 31 - 60 of 89
Full-Text Articles in Law
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman
Law Faculty Publications
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 …
Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor
Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor
raphael cohen-almagor
This book focuses on the tension between Free Speech fundamentalism and Social Responsibility at the individual, corporate, and nation-state level. It brings an international perspective to the central topics (child pornography, hate speech, suicidal and homicidal enablers, cybercrime and terrorism). The central philosophical argument of this book is the Promotional Approach, which the author sees as a kind of Golden Mean between Ronald Dworkin and Joseph Raz. The book utilizes the Aristotelian doctrine of the mean to endorse the kind of practical wisdom required to make choices between freedom and security, unlimited license and moral responsibility. It argues that this …
Towards An Internet Bill Of Rights, Giovanna De Minico
Towards An Internet Bill Of Rights, Giovanna De Minico
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt
Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt
Cynthia R. Farina
This Article considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …
Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon Mcgovern
Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon Mcgovern
Catholic University Law Review
In an ever-changing technological landscape, strictly adhering to the language and definitions of the Copyright Act in cases involving emerging technologies may contravene the purpose and intent of copyright law. However, the Supreme Court’s 2014 opinion in American Broadcasting Cos. v. Aereo Inc. puts forth a commercial interest rationale that suggests copyright infringers may no longer be able to avoid liability based on perceived technological loopholes that have typically absolved online infringers of infringement liability. This Note argues that Aereo’s commercial interest rationale paves the way for a new approach to technologically complex copyright cases, particularly where in-line linking …
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Michigan Telecommunications & Technology Law Review
This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …
Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey
Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey
Michigan Telecommunications & Technology Law Review
The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause. …
Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione
Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione
Pace Intellectual Property, Sports & Entertainment Law Forum
“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …
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 …
Copyright Law And The Internet: The New Generation Of Legal Battles In The Courts, Catherine Pignataro
Copyright Law And The Internet: The New Generation Of Legal Battles In The Courts, Catherine Pignataro
Touro Law Review
No abstract provided.
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Victor C. Romero
This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …
Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold
Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold
William & Mary Law Review
No abstract provided.
Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky
Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky
Pace Law Review
This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of …
Social Justice, Social Norms And The Governance Of Social Media, Tal Z. Zarsky
Social Justice, Social Norms And The Governance Of Social Media, Tal Z. Zarsky
Pace Law Review
This article proceeds as follows: Part II briefly addresses the theoretical arguments regarding the pros and cons of various governance strategies, focusing on the advantages, disadvantages and pitfalls of reliance on private parties. In Part III, the article describes, in general terms, the above-mentioned empirical study, explaining its methodology, the specific challenges to its design and implementation, and how these were met. The discussion specifically centers on a survey taken to establish the nature of social norms. Part IV presents a specific test case: whether pseudonymity should be permitted in social media or should “real names” be mandatory. Part V …
At The Breaking Point: Adapting Louisiana Employment Noncompete Law To The Information Age, Jacob Ecker
At The Breaking Point: Adapting Louisiana Employment Noncompete Law To The Information Age, Jacob Ecker
Louisiana Law Review
The article looks at the adapting of Louisiana employment noncompete law to the internet. Topics discussed include requirements for enforcing a noncompete in Louisiana, impact of internet on competition and competition between employers and former employees, and changes to Louisiana's employer-employee noncompete law.
Privacy As Intellectual Property, Pamela Samuelson
Privacy As Intellectual Property, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Broadband Access In Arkansas Schools, Sarah C. Mckenzie, Gary W. Ritter
Broadband Access In Arkansas Schools, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
With the computer-based Partnership for Assessment of Readiness for College and Career (PARCC) test, the Arkansas Digital Learning Act, and Governor Hutchinson’s efforts to increase participation in computer science courses, the Arkansas Legislature is discussing actions to take in order to close the “digital divide” in the state. This brief will explore the technological requirements of providing the recommended bandwidth to schools, the barriers to the provision of that service, and potential steps for the Arkansas Department of Education to take in order to ensure that every Arkansas student has fast, consistent access to the Internet to support their learning.
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Loyola of Los Angeles Law Review
Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Law Faculty Articles and Essays
We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …
The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker
The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker
Michigan Journal of International Law
Consider this sentence: “The Shining Path is a heroic organization.” Over the past thirty years, the Shining Path has waged a violent guerilla war against the Peruvian government, prompting the European Union to designate the group as a terrorist organization. In certain European countries, speech inciting or glorifying terrorist organizations is criminalized. As a result, citizens risk prosecution if they do not carefully limit what they say about the Shining Path, or other terrorist organizations. But where does free speech end and incitement to terrorism begin? The debate over free speech and incitement to terrorism is actively being played out …
Cyberlaw: Problems Of Policy And Jurisprudence In The Information Age. 2nd Edition., Patricia Bellia, David Post, Paul Schiff Berman
Cyberlaw: Problems Of Policy And Jurisprudence In The Information Age. 2nd Edition., Patricia Bellia, David Post, Paul Schiff Berman
Patricia L. Bellia
This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based …
Cyberlaw: Problems Of Policy And Jurisprudence In The Information Age. 3rd Edition., Patricia Bellia, David Post, Paul Schiff Berman
Cyberlaw: Problems Of Policy And Jurisprudence In The Information Age. 3rd Edition., Patricia Bellia, David Post, Paul Schiff Berman
Patricia L. Bellia
This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based …
Life And Death In The Mental-Health Blogosphere: An Analysis Of Blog Content And Survival, Edward Alan Miller, Antoinette Pole, Bukola Usidame
Life And Death In The Mental-Health Blogosphere: An Analysis Of Blog Content And Survival, Edward Alan Miller, Antoinette Pole, Bukola Usidame
Department of Political Science and Law Faculty Scholarship and Creative Works
The purpose of this study was to describe a sample of mental-health blogs, to determine the proportion of sampled blogs still posting several years after identification, and to identify the correlates of survival. One hundred eighty-eight mental-health blogs were identified in 2007–08 and revisited in 2014. Eligible blogs were U.S.-based, in English, and active. Baseline characteristics and survival status were described and variation based on blog focus and survival examined. Mental health bloggers tended to be females blogging as patients and caregivers focusing on specific mental illnesses/conditions. The proportion of blogs still active at follow-up ranged from 25.5 percent to …
Internet Exceptionalism: An Overview From General Constitutional Law, Mark Tushnet
Internet Exceptionalism: An Overview From General Constitutional Law, Mark Tushnet
William & Mary Law Review
This Article considers First Amendment Internet exceptionalism. I use that term in what I think is a reasonably standard way to refer to the question of whether the technological characteristics of the Internet (and, more generally, twenty-first-century information technologies) justify treating regulation of information dissemination through the Internet differently from regulation of such dissemination through nineteenth- and twentieth-century media, such as print, radio, and television. My aim here is not to provide an answer to that question, but to identify several subquestions whose answers must be part of the larger answer.
The Associate Dean For Research In The Age Of The Internet, B. Jessie Hill
The Associate Dean For Research In The Age Of The Internet, B. Jessie Hill
Touro Law Review
No abstract provided.
At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld
At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld
Articles
On December 19, 2014, long-simmering tensions between Mississippi Attorney General Jim Hood and the search engine giant Google boiled over into federal court when Google filed suit against the Attorney General to enjoin him from bringing civil or criminal charges against it for alleged violations of the Mississippi Consumer Protection Act. Hood had been investigating and threatening legal action against Google for over a year for its alleged failure to do enough to prevent its search engine, advertisements, and YouTube website from facilitating public access to illegal, dangerous, or copyright protected goods. The case has garnered a great deal of …
Must The States Discriminate Against Their Own Producers Under The Dormant Commerce Clause?, David M. Driesen
Must The States Discriminate Against Their Own Producers Under The Dormant Commerce Clause?, David M. Driesen
David M Driesen
This article works out the implications of an insight mentioned, but not developed thoroughly, in the literature on free trade law: A polity that regulates its own producers without regulating outside producers serving that polity discriminates against its own producers. This gives rise to a question, should laws serving free trade values require polities to discriminate against their own producers? The dormant Commerce Clause’s extraterritoriality doctrine—which prohibits regulating wholly outside the enacting state’s borders—seems to require discrimination against the enacting state’s producers. Federal courts have recently used this doctrine to strike down state laws addressing climate disruption and regulating the …
Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise
Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise
Michael Heise
No abstract provided.
Net Neutrality - Computer Law, Matthew Charles Quattrochi
Net Neutrality - Computer Law, Matthew Charles Quattrochi
Matthew Charles Quattrochi
The overall purpose of this work is to discuss the current state of net neutrality. Given Federal Communication Commission (“FCC”) Chairman Tom Wheeler’s most recent proposal to pass net neutrality into law, net neutrality is ripe for discussion.The court ruling striking down the infrastructure of the Open Internet Order in Verizon v. F.C.C., and the devaluation of Title I regulatory authority exhibited in the decision made in Comcast Corp. v. F.C.C. bring about an appropriate point to stop and reflect concerning the options the FCC has to instill net neutrality regulation.Part II of this work will be dedicated to explaining …
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Law Faculty Scholarly Articles
The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …