Communications Law Commons^™

"Eta?" Estimated Time Of Arrival: An Analysis Of New Jersey's Remote Texting Liability, Jennifer Edelson

Cardozo Law Review

No abstract provided.

Volition And Copyright Infringement, Robert C. Denicola

Cardozo Law Review

No abstract provided.

The Non-Discrimination Principle In Open Source Licensing, Eli Greenbaum

Cardozo Law Review

Open source communities have required licenses to satisfy requirements of non-discrimination. This principle of non-discrimination, however, has remained peripheral to the interpretation of open source licenses, with legal analysis concentrating on other aspects of open source regimes. This Article argues that non-discrimination, far from being marginal to open source, constitutes the central legal characteristic of the licensing model, and that an appreciation of the non-discrimination requirement is essential for understanding the economic incentives and effects of the open source license. This Article applies this understanding of the non-discrimination principle to interpret specific terms in free and open source licenses. In …

For Whom The Data Tolls: A Reunified Theory Of Fourth And Fifth Amendment Jurisprudence, Bryan H. Choi

Cardozo Law Review

Data privacy demands a reunified theory of the Fourth and Fifth Amendments. Data technologies allow personal information to be disembodied from physical bodies and "possessed" simultaneously by both first persons and third parties. As a result, the government has been able to use a divide-and-conquer strategy to obtain incriminating evidence alternately from the data intermediary or from the suspect.

Currently, Fourth Amendment doctrine and Fifth Amendment doctrine work at cross-purposes. The privacy community has already sounded the alarm on the "third-party doctrine," which allows the government to sidestep the Fourth Amendment when demanding evidence from third parties. But few have …

Corporate Rights And Individual Interests: The Corporate Right To Privacy As A Bulwark Against Warrantless Government Surveillance, Kayla Robinson

Cardozo Law Review

No abstract provided.

Gay Panic, Gay Victims, And The Case For Gay Shield Laws, J. Kelly Strader, Molly Selvin, Lindsey Hay

Cardozo Law Review

In a highly publicized "gay panic" case, Brandon McInerney shot and killed Larry King in their middle school classroom. King was a self-identified gay student who sometimes wore jewelry and eye makeup to school and, according to those who knew him, was possibly transgender. Tried as an adult for first-degree murder, McInerney asserted a heat of passion defense based upon King's alleged sexual advances. The jury deadlocked, with a majority accepting McInerney's defense.

Drawing largely upon qualitative empirical research, this Article uses the Larry King murder case as a prism though which to view the doctrinal, theoretical, and policy bases …

Mcsentencing: Mass Federal Sentencing And The Law Of Unintended Consequences, Melissa Hamilton

Cardozo Law Review

No abstract provided.

Bridging The Cellular Divide: A Search For Consensus Regarding Law Enforcement Access To Historical Cell Data, Zachary Ross

Cardozo Law Review

No abstract provided.

Curbing Overzealous Prosecution Of The Espionage Act: Thomas Andrews Drake And The Case For Judicial Intervention At Sentencing, Pamela Takefman

Cardozo Law Review

No abstract provided.

Contextual Expectations Of Privacy, Andrew D. Selbst

Cardozo Law Review

Fourth Amendment search jurisprudence is nominally based on a "reasonable expectation of privacy," but actual doctrine is disconnected from society's conception of privacy. Courts rely on various binary distinctions: Is a piece of information secret or not? Was the observed conduct inside or outside? While often convenient, none of these binary distinctions can adequately capture the complicated range of ideas encompassed by "privacy." Privacy theorists have begun to understand that a consideration of social context is essential to a full understanding of privacy. Helen Nissenbaum's theory of contextual integrity, which characterizes a right to privacy as the preservation of expected …

Who Watches The Watchmen? Big Brother's Use Of Wiretap Statutes To Place Civilians In Timeout, Travis S. Triano

Cardozo Law Review

No abstract provided.

Violence As A Response To The Ideology Of Choice, Renata Salecl

Cardozo Law Review

No abstract provided.

Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose

Cardozo Law Review

No abstract provided.

A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age, Erin Smith Dennis

Cardozo Law Review

No abstract provided.

Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank

Cardozo Law Review

No abstract provided.

Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman

Cardozo Law Review

No abstract provided.

In The Shadow Of Innovation, Gaia Bernstein

Cardozo Law Review

We are in the midst of the intellectual property wars. Scholars, judges, legislators, corporations, creators, and inventors disagree about the role of intellectual property rights. Yet, surprisingly everyone agrees about innovation - everyone loves innovation. Innovation appears everywhere: in legal scholarship, case law, legislative hearings, newspapers, and blogs. It is uniformly admired and aspired to - though almost never questioned.

Innovation is often assumed to have historically held a central role in the technology regulating legal regime. This Article presents a study of case law, which demonstrates that contrary to common belief, the celebration of innovation is, in fact, a …

Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson

Cardozo Law Review

No abstract provided.

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.

Rwanda 94: Theater, Film, And Intervention, Christian Biet

Cardozo Law Review

No abstract provided.

Caught In The Act Of Picturing, Barbara Villez

Cardozo Law Review

No abstract provided.

Screening Out Cyberbullies: Remedies For Victims On The Internet Playground, Shira Auerbach

Cardozo Law Review

No abstract provided.

Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo

Cardozo Law Review

The Supreme Court's limitation of the privilege against self-incrimination to evidence of a testimonial nature has been controversial. The doctrinal reliance on a distinction between physical and testimonial evidence has proven difficult to apply in practice, and it has been criticized as being descriptively inaccurate, analytically incoherent, and normatively indefensible. This article offers a defense of the distinction on epistemological grounds. The philosophical focus on testimony as a source of knowledge provides some insight into what makes testimony distinct as an epistemic source. These considerations are used to provide a coherent and principled way to distinguish what evidence to treat …

The Simpsons, 24, And The Law: How Homer Simpson And Jack Bauer Influence Congressional Lawmaking And Judicial Reasoning, Steven Keslowitz

Cardozo Law Review

No abstract provided.

The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla

Cardozo Law Review

No abstract provided.

Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner

Cardozo Law Review

No abstract provided.

The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel M. Gora

Cardozo Law Review

No abstract provided.

Reconstructing Journalists' Privilege, Eric M. Freedman

Cardozo Law Review

No abstract provided.

A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine

Cardozo Law Review

No abstract provided.

Silenced: The Search For A Legally Accountable Censor And Why Sanitization Of The Broadcast Airwaves Is Monopolization, Matthew S. Schneider

Cardozo Law Review

No abstract provided.