Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (27)
- First Amendment (23)
- Entertainment, Arts, and Sports Law (22)
- Intellectual Property Law (22)
- Administrative Law (20)
-
- Legislation (19)
- Constitutional Law (13)
- Computer Law (12)
- Science and Technology Law (9)
- Antitrust and Trade Regulation (8)
- Criminal Law (8)
- Privacy Law (7)
- Consumer Protection Law (6)
- International Law (6)
- Law and Economics (5)
- Social and Behavioral Sciences (5)
- Communication (4)
- Criminal Procedure (4)
- Law and Society (4)
- National Security Law (4)
- Courts (3)
- Human Rights Law (3)
- International Trade Law (3)
- Marketing Law (3)
- State and Local Government Law (3)
- Commercial Law (2)
- Communication Technology and New Media (2)
- Comparative and Foreign Law (2)
- Institution
-
- Maurer School of Law: Indiana University (24)
- UC Law SF (15)
- Yeshiva University, Cardozo School of Law (12)
- University of Michigan Law School (9)
- Pepperdine University (6)
-
- University of Florida Levin College of Law (3)
- American University Washington College of Law (2)
- Chicago-Kent College of Law (2)
- Georgetown University Law Center (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- William & Mary Law School (2)
- Butler University (1)
- Columbia Law School (1)
- Florida A&M University College of Law (1)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of San Diego (1)
- Western University (1)
- Keyword
-
- Internet (11)
- Privacy (10)
- First Amendment (9)
- Facebook (6)
- Freedom of speech (5)
-
- Social media (5)
- Communications (4)
- Information (4)
- Regulation (4)
- Twitter (4)
- Constitutional law (3)
- Federal Communications Commission (3)
- Federal Trade Commission (3)
- Networks (3)
- Telecommunications (3)
- Bullying (2)
- Cable television (2)
- Cell phones (2)
- Citizens united (2)
- Computer (2)
- Constitutional Law -- Right to Privacy (2)
- Copyright (2)
- Digital Millennium Copyright Act (2)
- Editor's Note (2)
- FCC (2)
- FTC (2)
- Federal Communications Law Journal (2)
- Federal agencies (2)
- Game theory (2)
- Indecency (2)
- Publication
-
- Federal Communications Law Journal (20)
- UC Law SF Communications and Entertainment Journal (15)
- Pepperdine Law Review (6)
- All Faculty Scholarship (3)
- Cardozo Law Review (3)
-
- Indiana Law Journal (3)
- UF Law Faculty Publications (3)
- Cardozo Arts & Entertainment Law Journal (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Cardozo Public Law, Policy & Ethics Journal (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Michigan Law Review (2)
- Michigan Telecommunications & Technology Law Review (2)
- Scholarly Works (2)
- Translated Opinions (2)
- University of Michigan Journal of Law Reform Caveat (2)
- American University Business Law Review (1)
- Articles (1)
- Articles, Book Chapters, & Popular Press (1)
- Cardozo Journal of International and Comparative Law (1)
- CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- FIMS Presentations (1)
- Faculty Works (1)
- IP Theory (1)
- Journal Publications (1)
- Michigan Journal of International Law (1)
- NJTIP Annual Symposium (1)
- Publication Type
Articles 31 - 60 of 94
Full-Text Articles in Communications Law
An End To End-To-End? A Review Essay Of Barbara Van Schewick’S Internet Architecture And Innovation, Adam Candeub
An End To End-To-End? A Review Essay Of Barbara Van Schewick’S Internet Architecture And Innovation, Adam Candeub
Federal Communications Law Journal
Amidst much controversy, the FCC released its landmark "network neutrality" order in December 2010. This regulation prohibits Internet service providers, such as Verizon or Comcast, from discriminating in favor of traffic or content that they own or with which they are affiliated. Professor Barbara van Schewick's recently published book, Internet Architecture and Innovation, could not be timelier. Employing a variety of economic and technical arguments, van Schewick defends the type of regulation the FCC passed as necessary to preserve the Internet's potential for innovation. My central critique of Internet Architecture is its deployment of economic theories on one side of …
Bart Cell Phone Service Shutdown: Time For A Virtual Forum?, Rachel Lackert
Bart Cell Phone Service Shutdown: Time For A Virtual Forum?, Rachel Lackert
Federal Communications Law Journal
The balancing act between protecting First Amendment rights and the necessity of law enforcement to maintain the public order is not simple under normal circumstances. On August 11, 2011, San Francisco's Bay Area Rapid Transit ("BART") created a paradigm embodying the very essence of this problem by shutting down cell phone and Internet service to prevent citizens from organizing and planning a protest. Both the constitutional and telecommunications law implications of BART's cell phone and Internet shutdown beg for analysis and reform, especially in an age of rapidly advancing technology. This Note analyzes the legal implications of BART's shutdown, and …
Reforming Retransmission Consent, Meg Burton
Reforming Retransmission Consent, Meg Burton
Federal Communications Law Journal
Under the retransmission consent regulations of the 1992 Cable Act, broadcasters and cable providers must negotiate with one another for permission to retransmit a broadcast signal over a cable system. While the majority of such negotiations are resolved amicably, there has been a growing trend of negotiations resulting in signal blackouts that harm consumers. In March 2010, cable providers filed a Petition for Rulemaking with the FCC arguing that the current regulations are outdated and asking that the FCC alter the regulations to curb harmful negotiation tactics employed by broadcasters. Broadcasters replied that the retransmission consent scheme is working as …
Should Cyber Exploitation Ever Constitute A Demonstration Of Hostile Intent That May Violate Un Charter Provisions Prohibiting The Threat Or Use Of Force?, Anna Wortham
Federal Communications Law Journal
More and more, the United States and other countries rely on complex infrastructures that are primarily controlled by information technology. Although extremely destructive cyber threats and attacks against nations are a reality, the laws governing cyber exploitation have not kept pace with this threat. Because the United States and other nations may use cyber capabilities offensively as well as defensively, it is important that the laws for engaging in such cyber conflict be well defined. Currently, it seems unlikely that cyber exploitation can ever be regarded as a threat or use of force under the UN Charter because it is …
Needed: More Than A Paper Shield, Sandra Davidson, David Herrera
Needed: More Than A Paper Shield, Sandra Davidson, David Herrera
William & Mary Bill of Rights Journal
No abstract provided.
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose
Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose
Cardozo Law Review
No abstract provided.
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Federal Communications Law Journal
More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …
Is It Time To Recreate The E-Rate Program?, Lynne Holt, Mary Galligan
Is It Time To Recreate The E-Rate Program?, Lynne Holt, Mary Galligan
Federal Communications Law Journal
The Schools and Libraries program, commonly known as the "E-rate" program, was created by the FCC in 1997, as authorized by the federal Telecommunications Act of 1996. The E-rate program provides eligible schools and libraries with discounts of 20 to 90 percent from the rates charged by providers of telecommunications services, Internet access, and internal network connections. These discounts are paid from the federal Universal Service Fund under the regulatory oversight of the FCC. The FCC has modified certain aspects of the program since its inception but has not modified its highest programmatic funding priorities-support for telecommunications and Internet access. …
Editor's Note, Sarah L. Kellogg
Editor's Note, Sarah L. Kellogg
Federal Communications Law Journal
No abstract provided.
Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw
Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw
Federal Communications Law Journal
The notion that broadcasters must broadcast in the public interest has always been a requirement; exactly how this requirement is met has taken many forms. This Note examines the history of the public interest requirement in broadcasting-from vagueness to regulation to good faith and presumptions of compliance-and considers the appropriate direction for the public interest requirement's future. The deregulation of the 1980s served a valuable purpose at the time by lifting burdens and sparking innovation. It is time to examine those innovative methods of ascertaining the needs of our communities and providing desired programming, in order to determine ways in …
From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology, Veronica Corsaro
From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology, Veronica Corsaro
Federal Communications Law Journal
Internet technological innovations, particularly the development of Peer-to-Peer ("P2P") networks and the proliferation of user-generated content sites, have introduced considerable challenges for the application of copyright law and infringement liability. The response from the courts and Congress has been mixed, with severe legal curtails being applied to P2P technology while usergenerated content sites have been afforded a level of protection against infringement claims as part of the Digital Millennium Copyright Act's section 512 "safe harbor" provisions. However, these provisions have raised concerns about the issue of secondary copyright liability, a matter that has still been left undefined. This Note will …
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Federal Communications Law Journal
The FCC's 14th and 15th Annual Wireless Competition reports review a wide variety of evidence, both direct (how firms and customers behave) and indirect (industry concentration measures) in making its competitive assessment. The reports are silent on how to interpret this evidence. In contrast, modem antitrust analysis relies far more on direct evidence. In failing to put more weight on the relevant direct market evidence to reach an informed competitive assessment, the 14th and 15th reports invite erroneous conclusions about the state of competition in wireless markets. The authors are concerned that these erroneous conclusions eventually could adversely influence regulatory …
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson
Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson
Federal Communications Law Journal
This Note discusses the proposed rulemaking by the FCC in order to empower consumers against "bill shock." Bill shock is described as what a consumer experiences when he or she receives a bill for his or her cellular phone that is much higher than expected, usually on account of roaming charges. This Note will argue in favor of rulemaking by the FCC and explain how the consumer will be empowered against the confusion of the current system.
Cyberbullying: What's The "Status" In England?, Krupa A. Patel
Cyberbullying: What's The "Status" In England?, Krupa A. Patel
San Diego International Law Journal
This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who …
Check-In, Attendees Of The Symposium
Check-In, Attendees Of The Symposium
NJTIP Annual Symposium
Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium
Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr
Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr
Pepperdine Law Review
No abstract provided.
Privacy, Copyright, And Letters, Jeffrey L. Harrison
Privacy, Copyright, And Letters, Jeffrey L. Harrison
UF Law Faculty Publications
The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
University of Michigan Journal of Law Reform
This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …
The Conundrum Of Cameras In The Courtroom, Nancy S. Marder
The Conundrum Of Cameras In The Courtroom, Nancy S. Marder
All Faculty Scholarship
In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise the …
Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan
Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan
All Faculty Scholarship
When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …
Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern
Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Michigan Telecommunications & Technology Law Review
This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …
What If The Big Bad Wolf In All Those Fairy Tales Was Just Misunderstood?: Techniques For Maintaining Narrative Rationality While Altering Stock Stories That Are Harmful To Your Client’S Case, Jennifer Sheppard
UC Law SF Communications and Entertainment Journal
Cognitive researches have established that humans think in terms of stories and, consequently, are persuaded by stories. That means that lawyers must be wary of stock stories that effect how an audience views a given set of circumstances. When a stock story is so pervasive that it will not allow a lawyer to ignore it or a more favorable alternative story does not exist, a lawyer can present the client's story from an alternative perspective that will not evoke the embedded knowledge structures triggered by the unfavorable stock story. The lawyer can accomplish this by tinkering with the different threads …
Drafting A Solution: Impact Of The New Salary System On The First-Year Major League Baseball Amateur Draft, Nicholas A. Deming
Drafting A Solution: Impact Of The New Salary System On The First-Year Major League Baseball Amateur Draft, Nicholas A. Deming
UC Law SF Communications and Entertainment Journal
Major League Baseball has evolved over the years. What was once a game played by residents of small towns across the country is now a multibillion dollar industry with international ties and ever-expanding exposure. With this transformation, the needs of the game have changed and its place in the judicial framework is unsettled. Currently, there is a growing discrepancy between small-market and large-market Major League Baseball teams. In part, the first-year amateur draft often fails to steer the most talented players to the worst teams because of financial concerns surrounding signing rookies. Major League Baseball had the opportunity to fix …
Libel Capital No More? Reforming British Defamation Law, Stephen Bates
Libel Capital No More? Reforming British Defamation Law, Stephen Bates
UC Law SF Communications and Entertainment Journal
London has long been known as the libel capital of the world. Through substantive law, expansive jurisdiction, and high litigation costs, the British courts strongly favor libel plaintiffs. Aspects of the system have come under increasing criticism from a variety of sources, including academics, nongovernmental organizations, the United Nations Human Rights Committee, the European Court of Human Rights, the British Ministry of Justice, and a committee of the House of Commons. In March 2011, the British government proposed far-reaching reforms. Four months later, however, new revelations emerged about phone-hacking by Rupert Murdoch's News of the World. As a consequence, the …
Parody Or Identity Theft: The High-Wire Act Of Digital Doppelgangers In California, Katharine Malone
Parody Or Identity Theft: The High-Wire Act Of Digital Doppelgangers In California, Katharine Malone
UC Law SF Communications and Entertainment Journal
Several recent high-profile instances of cyberbullying and online impersonation have prompted state legislatures to take action against this real and growing problem. As part of this trend, California recently enacted Senate Bill 1411, which criminalizes "e-personation." At first glance, this statute looks perfectly reasonable: it is short, filled with good intentions, and merely applies existing harassment, intimidation and fraud laws to the relatively recent medium of the Internet. However, a thorough read reveals vague and overly broad language which could result in chilled political activism and free speech. This note analyzes the statute and attempts to provide some guidance on …
Privacy In Social Media: The Right Of Publicity, S. Michael Kernan
Privacy In Social Media: The Right Of Publicity, S. Michael Kernan
UC Law SF Communications and Entertainment Journal
The increasing ubiquity of social media websites like Facebook and Twitter, has led to a growing concern regarding the right of privacy on the internet. The myriad of common law cases on the issue provide website operators (and their advertisers) with little or no clear direction as to what is and is not permitted. At the same time, as websites monetize using an advertising model, that monetization is colliding with privacy rights, specifically, the right of publicity. The right of publicity has been heavily litigated lately, in particular against Facebook as it attempts to monetize its massive user base. This …