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Full-Text Articles in Legal Remedies

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita Oct 2017

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita

St. Mary's Journal on Legal Malpractice & Ethics

The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …


Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman Jul 2017

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins Jul 2017

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler Jun 2017

Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler

University of Michigan Journal of Law Reform

While the application of products liability to insecure software is a frequently-discussed concept in academic literature, many commentators have been skeptical of the viability of such claims for several reasons. First, the economic loss doctrine bars recovery for productivity loss, business disruption, and other common damages caused by software defects. Second, the application of design defects principles to software is difficult given the complexity of the devices and recent tort reform trends that have limited liability. Third, the intervening cause of damage from insecure software is typically a criminal or tortious act by a third party, so principles of causation …


Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou Jan 2017

Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou

American University National Security Law Brief

No abstract provided.


The Middleman - Intermediary Liability: United States, Marketa Trimble Jan 2017

The Middleman - Intermediary Liability: United States, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble appeared on a panel at the 120th International Association for the Protection of Intellectual Property World Conference hosted in Sydney, Australia on October 16, 2017. This panel session discussed intermediary liability in the digital world in key jurisdictions, including the availability of site blocking injunctions and address the practical effects and inherent limitations of such injunctions in the digital era.