Law Commons^™

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …

Resourcing Green Technologies Through Smart Mineral Enterprise Development: A Case Analysis Of Cobalt, Saleem Ali, Perrine Toledano, Nicolas Maennling, Nathaniel Hoffman, Lola Aganga

Columbia Center on Sustainable Investment Staff Publications

Achieving the goals of the Paris Agreement requires the world to adopt ‘green technologies’ such as renewable energies and electric transportation at an unprecedented scale. While many countries have implemented policies to spur the adoption of such technologies, a lack of focus has been placed on the sourcing of minerals that are required as inputs. As a result, there is likely to be a significant deficit that may constrain the adoption of green technologies.

In this report, we argue that a neglected area in addressing the mineral scarcity challenge is the private sector’s current trajectory for geological mineral exploration and …

January 28, 2018: Two Stories Perfectly Illustrate Our Deadlock, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Stories Perfectly Illustrate Our Deadlock“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Brief Of Tax Law Professors As Amici Curiae In Support Of Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici are professors of tax law at universities across the United States. As scholars and teachers, they have considered the doctrinal roots and practical consequences of judicial limits on state and local taxation. Amici join this brief solely on their own behalf and not as representatives of their universities. A full list of amici appears in the Appendix to this brief.

January 14, 2018: What President Trump Is Accomplishing, Bruce Ledewitz

Hallowed Secularism

Blog post, "What President Trump is Accomplishing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet

Journal of Intellectual Property Law

No abstract provided.

January 9, 2018: Dangerous Hypocrisy On The Right, Bruce Ledewitz

Hallowed Secularism

Blog post, “Dangerous Hypocrisy on the Right“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 6, 2018: Greetings From San Diego, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings from San Diego“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Derechos Fundamentales, Privacidad Y Aplicaciones Móviles Médicas, Lori Andrews

All Faculty Scholarship

No abstract provided.

Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass

All Faculty Scholarship

No abstract provided.

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

All Faculty Scholarship

No abstract provided.

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

All Faculty Scholarship

No abstract provided.

Investors' Paradox, Anita Krug

All Faculty Scholarship

For the first time in an era, new investment products for smaller ("retail ") investors are emerging. These products are mutual funds that engage in the types of trading and investment activities that have long been the province of sophisticated investors. Accordingly, the new funds (called "alternative funds") promise to reduce the gulf between retail investors and their sophisticated counterparts, in terms of portfolio diversification and investment results.This Article describes the complex mix of factors that spawned alternative funds and critically evaluates the funds' potential, the first scholarly work to do so. It additionally unearths the paradox that impedes the …

How Much Should We Spend To Protect Privacy?: Data Breaches And The Need For Information We Do Not Have, Richard Warner, Robert Sloan

All Faculty Scholarship

A cost/benefit approach to privacy confronts two tradeoff issues. One is making appropriate tradeoffs between privacy and many goals served by the collection, distribution, and use of information. The other is making tradeoffs between investments in preventing unauthorized access to information and the variety of other goals that also make money, time, and effort demands. Much has been written about the first tradeoff. We focus on the second. The issue is critical. Data breaches occur at the rate of over three a day, and the aggregate social cost is extremely high. The puzzle is that security experts have long explained …

Mental Injury And Reasonable Administrative Action Green And Comcare -- Case Note, Philip Evans

The University of Notre Dame Australia Law Review

No abstract provided.

Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc

The University of Notre Dame Australia Law Review

No abstract provided.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Aall 2018 Implicit Bias In Legal Research Instruction Powerpoint, Shamika Dalton, Michelle Rigual, Clanitra Nejdl, Raquel Gabriel

College of Law Faculty Scholarship

A growing body of research studies shows that implicit biases based on race and other minority status play a role in student perceptions, behaviors, and teacher evaluation outcomes. Across the country, persons of color are enduring unique legal challenges, including racial profiling, police brutality, racial gerrymandering, and the threat of deportation. In this context, the continued use in legal research instruction of race-neutral "Jack and Jill" client names and traditional, noncontroversial hypotheticals misses an important opportunity to address these topics.Considering the obligations and responsibilities of legal research instructors to develop culturally competent lawyers, the first portion of the program will …

Professors Of Real Estate Law: Different Types, Different Needs, Gregory M. Stein

Scholarly Works

No abstract provided.

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Book Chapters

No abstract provided.

Valuing Coworker Bonds In Employment Law, Alex B. Long

Scholarly Works

No abstract provided.

Are Prices Just?, Gregory M. Stein

Scholarly Works

No abstract provided.

When I Left The Darwin Day Committee, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Law Library Faculty Scholarship

Published as a chapter in Millennial Leadership in Libraries edited by Ashley Krenelka Chase.

How To Select A New Ils/Lsp Vendor, Eliza Boles, Carol Collins

Law Library Faculty Scholarship

No abstract provided.

The Value Of Document "Treasure Hunts" In Teaching Transactional Law And Skills, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Slavery, Religion And Reconciliation, Bill Piatt

Intercultural Human Rights Law Review

Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the "peaceful" re-conquest of the Indigenous people by the Spanish colonizers. Controversy has arisen in recent years as activists challenge the memorialization of a tradition that they feel represents slavery and brutality. Linking their struggle to recent efforts to remove memorials to the Confederacy, they have sought to physically block the re-enactment, leading to arrests, collateral conflict, and the very …

Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy

The University of Notre Dame Australia Law Review

No abstract provided.

"Lieux De Memoire" In International Law: The Rights Of National And Ethnic Minorities Related To Their Memorial, Dr. Antal Berkes

Intercultural Human Rights Law Review

The term "lieux de mimoire" or sites of memory, as the historian Pierre Nora formulated it, expresses "the problem of the embodiment of memory in certain sites where a sense of historical continuity persists. "Contrary to history which is the reconstruction of the past, memory is the perpetual "transmission and conservation of collectively remembered values" by ethnic minorities, families or groups. It binds a concrete group to which it is specific, thus it is "by nature multiple and yet specific; collective, plural, and yet individual." Memory "takes root in the concrete, in spaces, gestures, images, and objects", and "lieux de …