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Articles 1 - 24 of 24
Full-Text Articles in Communications Law
Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella
Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella
Cardozo Public Law, Policy & Ethics Journal
Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …
Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin
Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
The Fall Of Net Neutrality: The End Of An Era And A Call For Reform, Nisha Ragha
The Fall Of Net Neutrality: The End Of An Era And A Call For Reform, Nisha Ragha
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment, Daniel L. Sternberg
Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment, Daniel L. Sternberg
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Online Sexual Solicitation Of Minors: An Analysis Of The Average Predator, His Victims, What Is Being Done And Can Be Done To Decrease Occurrences Of Victimization, Elana T. Jacobs
Cardozo Public Law, Policy & Ethics Journal
The Internet, while a transformative tool for society, has become a breeding ground for online sexual solicitation of minors, with predators exploiting its anonymity to target vulnerable adolescents, particularly females aged 13 to 17. Despite efforts by government programs like the Internet Crimes Against Children Task Force and independent organizations, the lack of uniform sentencing guidelines and inconsistent data collection undermine deterrence and prevention. The note advocates for stricter sentencing, enhanced awareness campaigns, and improved data collection to combat this growing issue effectively.
The Playground Bully Has Gone Digital: The Dangers Of Cyberbullying, The First Amendment Implications, And The Necessary Responses, Jamie Wolf
Cardozo Public Law, Policy & Ethics Journal
The note argues that cyberbullying has evolved into a significant issue in the digital age, requiring a reevaluation of First Amendment protections and legislative responses. It critiques the current legal framework, particularly the Tinker v. Des Moines standard, for failing to adequately address off-campus speech that impacts the school environment. The author advocates for a balanced approach that protects victims while ensuring due process, emphasizing the need for comprehensive statutes and proactive measures by schools and parents.
The Faces Of Student Cell Phone Regulations And The Implications Of Three Clauses Of The Federal Constitution, Joseph O. Oluwole, William Visotsky
The Faces Of Student Cell Phone Regulations And The Implications Of Three Clauses Of The Federal Constitution, Joseph O. Oluwole, William Visotsky
Cardozo Public Law, Policy & Ethics Journal
The article examines the constitutionality of school district regulations on student cell phones, focusing on the Due Process Clause, the Free Speech Clause, and the Fourth Amendment. It argues that while schools have the authority to regulate cell phones to maintain an educational environment, such regulations must comply with legal standards to avoid infringing on students' rights. The analysis concludes that schools can enforce cell phone policies but must adhere to constitutional protections, particularly the Tinker test for speech and the T.L.O. test for searches.
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Cardozo Public Law, Policy & Ethics Journal
The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, …
Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill, George Remennik
Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill, George Remennik
Cardozo Public Law, Policy & Ethics Journal
The article argues that the U.S. tax system unfairly treats professional poker players by restricting the deduction of gambling losses under Section 165d, despite poker being increasingly recognized as a game of skill. This disparity contrasts with the treatment of other professions, which can fully deduct business expenses. The analysis calls for legislative clarification to align the tax treatment of professional poker players with that of other professionals, ensuring equitable tax outcomes.
Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli
Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli
Cardozo Public Law, Policy & Ethics Journal
The article argues that courts misapply the First Amendment right of access by disclosing juror identities, which can lead to harassment. It advocates for concealing juror information to protect them, similar to how soldiers are protected after service. The solution proposed is to respect jurors' preferences regarding disclosure.
Myspace In A Post-Grokster World: Digital Finger Pointing For Offenses Perpetrated Through Use Of Social Networking Sites After Mgm V. Grokster, Cheryl J. Eisner
Myspace In A Post-Grokster World: Digital Finger Pointing For Offenses Perpetrated Through Use Of Social Networking Sites After Mgm V. Grokster, Cheryl J. Eisner
Cardozo Public Law, Policy & Ethics Journal
The note examines the dismissal of a negligence lawsuit against MySpace, arguing that interactive computer services should not be held liable for offline harms committed by users. It emphasizes the importance of protecting such platforms under the Communications Decency Act (CDA) and highlights the need to balance free speech and technological development against concerns for user safety.
"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro
"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro
Cardozo Public Law, Policy & Ethics Journal
The note argues that the expansion of the Espionage Act of 1917 to prosecute private citizens, as seen in the AIPAC case, poses a significant threat to press freedom and democratic governance. This shift marks a dangerous precedent, as it potentially criminalizes activities protected by the First Amendment, such as journalism, and undermines the balance between national security and the public's right to know.
Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak
Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak
Cardozo Public Law, Policy & Ethics Journal
The article explores the tension between national security and the First Amendment, arguing that while the First Amendment remains a robust protection against government censorship, recent trends threaten press freedom, particularly in protecting confidential sources and accessing information. The author, drawing on personal experience as a media lawyer and reporter, emphasizes the importance of procedural safeguards and judicial oversight to prevent government overreach and ensure transparency.
Panel Report: Investigative Journalism And National Security, Zachary D. Streit
Panel Report: Investigative Journalism And National Security, Zachary D. Streit
Cardozo Public Law, Policy & Ethics Journal
The panel discussion explores the tension between government secrecy and media transparency, focusing on the challenges investigative journalists face in reporting on national security issues. The participants argue that while some secrecy is necessary for national security, excessive classification hampers transparency and accountability. They discuss legal battles, over-classification, and the need for a balance between protecting sensitive information and the public's right to know.
Aiding The Final Push Of The Digital Transition, Andrew L. Shapiro
Aiding The Final Push Of The Digital Transition, Andrew L. Shapiro
Cardozo Public Law, Policy & Ethics Journal
The note critically examines the Digital Television Transition and Public Safety Act of 2005, arguing that its approach to the analog-to-digital transition in the U.S. was flawed. The Act's reliance on market forces and lack of comprehensive provisions, particularly in consumer education and support, led to an incomplete transition that disproportionately affected vulnerable consumers. The analysis highlights the need for stronger government intervention to ensure a smoother and more equitable process.
The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky
The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky
Cardozo Public Law, Policy & Ethics Journal
The article examines the increasing reliance on secret evidence in U.S. legal proceedings, particularly in post-9/11 national security and terrorism cases, facilitated by the Classified Information Procedures Act (CIPA) and the Foreign Intelligence Surveillance Act (FISA). This trend undermines the adversarial system by denying defendants access to relevant information, raising ethical concerns for defense attorneys, and potentially eroding constitutional rights. The author advocates for reforms to balance national security with civil liberties, emphasizing the need for judicial vigilance and legislative changes to address these issues.
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Cardozo Public Law, Policy & Ethics Journal
The article argues that the First Amendment necessitates government regulation of media ownership to safeguard democracy. It posits that while the First Amendment initially protected against government interference, evolving societal and technological changes require active regulation to ensure a diverse "marketplace of ideas." The author contends that without such regulation, media consolidation leads to a decline in viewpoint diversity, diminished content quality, and undue corporate influence, undermining democratic discourse.
Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold
Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold
Cardozo Public Law, Policy & Ethics Journal
Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.
Censure The Tree For Its Rotten Apple: Attributing Liability To Parents For The Copyright Infringement Of Their Minor Children, Chad Silver
Cardozo Public Law, Policy & Ethics Journal
The note argues that holding parents legally responsible for copyright infringement committed by their minor children could serve as an effective deterrent against illegal music downloading. It explores the legal frameworks for parental liability, including contributory and vicarious liability, and evaluates the potential benefits and challenges of this approach in addressing the decline of the recording industry due to illegal file sharing.
The System Of Syllogism, Richard Dien Winfield
The System Of Syllogism, Richard Dien Winfield
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield
The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield
Cardozo Public Law, Policy & Ethics Journal
The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.
American Slavery: The Complete Story, Gerald A. Foster
American Slavery: The Complete Story, Gerald A. Foster
Cardozo Public Law, Policy & Ethics Journal
The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.
Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello
Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello
Cardozo Public Law, Policy & Ethics Journal
The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.
Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian
Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian
Cardozo Public Law, Policy & Ethics Journal
The article argues that post-9/11 U.S. government policies, particularly the monitoring of attorney-client communications and the indictment of Lynne Stewart, significantly erode the attorney-client privilege and the Sixth Amendment right to effective counsel. These actions, justified under national security, undermine constitutional protections and set a dangerous precedent for legal representation, especially for controversial or politically sensitive cases.