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Articles 1 - 27 of 27
Full-Text Articles in Law
Regulating Digital Platforms Through Sanctions, Michelle Miao
Regulating Digital Platforms Through Sanctions, Michelle Miao
Washington International Law Journal
This article, theoretically and empirically, articulates the rising role of criminal law as a regulatory tool of China’s digital platform economy. This unique Chinese model of digital platform governance is described as “regulation through sanctions.” Through a comprehensive survey of a wide range of digital platforms— e.g., financial fundraising platforms, e-commerce, taxi-hailing, and video-sharing platforms—and criminal cases involving such platforms, I reveal the logic of regulation through sanctions: It shifts state regulatory burden and accountability, redistributes risks and responsibility, and enhances political legitimacy. Compared to the direct regulatory model adopted by European countries and indirect, self-regulatory model employed in the …
The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk
The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini
Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini
Featured Student Work
This paper conducts an analysis of the intersection between Blockchain Technology and Intellectual Property Law, with a specific focus on Trademark Law in the United States. It explores the potential utilization of Blockchain Technology to enhance the efficiency and accessibility of prosecution, maintenance, and enforcement processes for attorneys, applicants, and registrants. Additionally, the paper examines areas within the Lanham Act that could benefit from updates to promote the adoption of Blockchain Technology in trademark-related procedures.
A Beginner's Guide To Cryptocurrencies: Explaining The Technologies Behind Cryptocurrencies, How The United States Taxes And Regulates Them, And Offering Changes To The Existing Taxation And Regulation Schemes, J. Merritt Francis
Law Student Publications
The United States federal government has attempted to use its existing regulatory and taxation schemes to regulate and tax cryptocurrencies, while many individuals are still unsure as to what cryptocurrency really is. The Securities and Exchange Commission and the Commodities Future Trading Commission have both asserted their jurisdiction over cryptocurrency, resulting in unclear guidance for developers in the cryptocurrency space and a failure to adequately protect investors. Further, the Internal Revenue Service taxes cryptocurrency like a security rather than a currency, which disincentivizes adopting cryptocurrency as a form of payment. Nevertheless, although cryptocurrencies are taxed like securities, there are tax …
Technological 'Disruption' Of The Law's Imagined Scene: Some Lessons From Lex Informatica, Margot Kaminski
Technological 'Disruption' Of The Law's Imagined Scene: Some Lessons From Lex Informatica, Margot Kaminski
Publications
Joel Reidenberg in his 1998 Article Lex Informatica observed that technology can be a distinct regulatory force in its own right and claimed that law would arise in response to human needs. Today, law and technology scholarship continues to ask: does technology ever disrupt the law? This Article articulates one particular kind of “legal disruption”: how technology (or really, the social use of technology) can alter the imagined setting around which policy conversations take place—what Jack Balkin and Reva Siegal call the “imagined regulatory scene.” Sociotechnical change can alter the imagined regulatory scene’s architecture, upsetting a policy balance and undermining …
Welcome To Cordell Perspectives, Neil M. Richards, Jonathan W. Heusel
Welcome To Cordell Perspectives, Neil M. Richards, Jonathan W. Heusel
Scholarship@WashULaw
The world around us is changing. Let’s talk about it together. Introducing a series of articles and opinions by the world’s leading experts concerning COVID-19 as it relates to precision medicine and data privacy: Welcome to Cordell Perspectives.
How To Sue A Robot, Roger Michalski
How To Sue A Robot, Roger Michalski
Utah Law Review
We are entering the age of robots where autonomous robots will drive our cars, milk cows, drill for oil, invest in stock, mine coal, build houses, pick strawberries, and work as surgeons. Robots, in mimicking the work of humans, will also mimic their legal liability. But how do you sue a robot? The current answer is that you cannot. Robots are property. They are not entities with a legal status that would make them amendable to sue or be sued. If a robot causes harm, you have to sue its owner. Corporations used to be like this for many procedural …
Digital Evidence And The Adversarial System, Colton Fehr
Digital Evidence And The Adversarial System, Colton Fehr
Canadian Journal of Law and Technology
Scholars have observed that the adversarial system tends to provide courts with only a ‘‘small snapshot of the technological whole,” which in turn forms the record upon which broader legal pronouncements occur. As a result, they contend that legislatures should be more proactive in making rules governing complex and rapidly advancing technologies, and that courts must show deference to these rules. Other scholars retort that, in practice, legislatures often fail to update obviously flawed and outdated privacy provisions. Whether due to special interest influence, majoritarian dislike of criminal suspects, or other institutional constraints, legislative responses have been wanting. As such, …
Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler
Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler
Raizel Liebler
Fcc Commenting Workshop, Laura Quilter
Fcc Comments Workshop, Laura Quilter
The Study Of Safety Governance For Service Robots: On Open-Texture Risk, Yueh-Hsuan Weng
The Study Of Safety Governance For Service Robots: On Open-Texture Risk, Yueh-Hsuan Weng
Yueh-Hsuan Weng
Copyright Futures In The Digital Humanities, Laura Quilter
Copyright Futures In The Digital Humanities, Laura Quilter
Laura Quilter
Digital humanities work raises questions around digitization, search, and non-consumptive uses of texts, as well as distribution and access. But traditional humanities work is also confronting copyright questions, simply in terms of publishing, using, and accessing humanities research. This discussion, facilitated by Laura Quilter, UMass Copyright and Information Policy Librarian, will address the issues raised in copyright litigation, particularly the Authors Guild v. HathiTrust case and the "digital humanities" amicus brief, and consider the possible Open Access future presented by the Open Library of Humanities and other initiatives.
The Rite Of Rhetoric: Cognitive Framing In Technology Law, Chris Riley
The Rite Of Rhetoric: Cognitive Framing In Technology Law, Chris Riley
Nevada Law Journal
No abstract provided.
Google Booksearch And Library Digitization, Laura Quilter, Jack Lerner
Google Booksearch And Library Digitization, Laura Quilter, Jack Lerner
Laura Quilter
No abstract provided.
Section 512 In The Educational Context, Laura Quilter
Section 512 In The Educational Context, Laura Quilter
Laura Quilter
No abstract provided.
Intellectual Property And Free Speech In The Online World: How Educational Institutions And Other Online Service Providers Are Coping With Cease And Desist Letters And Takedown Notices, Laura Quilter, Marjorie Heins
Intellectual Property And Free Speech In The Online World: How Educational Institutions And Other Online Service Providers Are Coping With Cease And Desist Letters And Takedown Notices, Laura Quilter, Marjorie Heins
Laura Quilter
Study of educational institutions and online service providers (Internet service providers) and their responses to cease and desist notices.
Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan
Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan
Laura Quilter
Amicus brief to the Eighth Circuit.
Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan
Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan
Jennifer M. Urban
Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi
Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi
Laura Quilter
Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.
Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi
Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi
Peter Jaszi
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Laura Quilter
No abstract provided.
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Jennifer M. Urban
No abstract provided.
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Laura Quilter
Amicus brief in the MGM v. Grokster case.
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan
Jennifer M. Urban
The Continuing Expansion Of Cyberspace Trespass To Chattels, Laura Quilter
The Continuing Expansion Of Cyberspace Trespass To Chattels, Laura Quilter
Laura Quilter
No abstract provided.