University of Miami School of Law
University of California, Hastings College of the Law
University of Cincinnati College of Law
Indiana University
James Madison University
Marquette University Law School
University of Maryland Francis King Carey School of Law
Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement,
2023
University of Windsor
Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke
Major Papers
Media scholars Nick Couldry and Ulises Mejias (2019) define digital colonialism as the “term for the extension of a global process of extraction that started under colonialism and continues through industrial capitalism, culminating in today's new form: instead of natural resources in labor, what is now being appropriated is human life through its conversion into data” (p. 22). This research will critically analyze the Canadian government’s ill-received Bill C-11: the Amended Consumer Privacy Protection Act by using digital colonialism as a conceptual framework to reveal the Bill’s essential limitations. It will consist of two sections: 1) an in-depth exploration of …
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence,
2023
Seattle University School of Law
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons
Seattle Journal of Technology, Environmental & Innovation Law
The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.
This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …
A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1),
2023
Seattle University School of Law
A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad
Seattle Journal of Technology, Environmental & Innovation Law
A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023,
2023
New York Law School
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Reports and Resources
No abstract provided.
Necessity, Proportionality, And Executive Order 14086,
2023
American University Washington College of Law
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Masthead,
2023
University of California, Hastings College of the Law
Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport,
2023
University of California, Hastings College of the Law
Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport, Michael K. Park
Hastings Communications and Entertainment Law Journal
This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as …
Gonzalez V. Google: Testing The Boundaries Of Section 230,
2023
University of California, Hastings College of the Law
Gonzalez V. Google: Testing The Boundaries Of Section 230, Ohana Chowdhury
Hastings Communications and Entertainment Law Journal
No abstract provided.
Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk,
2023
University of California, Hastings College of the Law
Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk, Bryan Sykes
Hastings Communications and Entertainment Law Journal
No abstract provided.
Regulatory Paralysis: The Answer To The Unanswerable Question Of Fcc Minority Ownership Policy,
2023
Hubbard School of Journalism and Mass Communication, University of Minnesota
Regulatory Paralysis: The Answer To The Unanswerable Question Of Fcc Minority Ownership Policy, Christopher Terry
Michigan Technology Law Review
For five decades, the Federal Communications Commission (FCC) has struggled to implement policies that promote minority ownership of broadcast stations. Four “Prometheus” decisions from the Third Circuit span a seventeen-year legal impasse that highlighted the agency’s shortcomings on effective minority ownership policies. Now, after the Supreme Court’s 2021 decision in FCC v. Prometheus Radio Project, the FCC is required to relaunch its media ownership policy in 2022. This paper explores how the FCC has interpreted diversity in media ownership policymaking by examining a range of diversity policies and assessment methodologies particularly regarding minority ownership. The paper then presents data from …
Federal Protection Of Illegal Short-Term Rentals: How The Protecting Local Authority And Neighborhoods Act Will Hold Airbnb Liable, Enforcing Local Regulations,
2023
The Catholic University of America, Columbus School of Law
Federal Protection Of Illegal Short-Term Rentals: How The Protecting Local Authority And Neighborhoods Act Will Hold Airbnb Liable, Enforcing Local Regulations, Nicole Schaeffer
Catholic University Law Review
Section 230 has come under scrutiny from academics and politicians, leading to calls on lawmakers to limit, or even end, Section 230’s immunity for Internet corporations; however, less attention has been given to the effects of Section 230 on the legal landscape in local, off-line communities. Online providers of short-term rental (STR) services such as Airbnb have used Section 230’s protection to shift the burden of complying with local laws and lease agreements onto the users listing STRs. By wielding Section 230 as both a sword and shield in litigation over their listings that violate local laws and lease agreements, …
Solving Slapp Slop,
2023
Campbell University Norman Adrian Wiggins School of Law
Solving Slapp Slop, Nicole J. Ligon
University of Richmond Law Review
In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …
A 180 On Section 230: State Efforts To Erode Social Media Immunity,
2023
Pepperdine University
A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis
Pepperdine Law Review
The turmoil of the 2020 presidential election renewed controversy surrounding 47 U.S.C § 230. The law, adopted as part of the 1996 Communications Decency Act (CDA), shields Interactive Computer Services (ICS) from civil liability for third-party material posted on their Platforms—no matter how heinous and regardless of whether the material enjoys constitutional protection. Consequently, any ICS, which is broadly defined to include Internet service providers (ISPs) and social media platforms (Platforms), can police its own postings but remains free from government intervention or retribution. In 2022, members of the Texas and Florida legislatures passed laws aiming to limit the scope …
Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment,
2023
University of Texas at Dallas
Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov
West Virginia Law Review
Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …
Mitigating Misinformation On Social Media Platforms: Treating Section 230 Of The Communications Decency Act As A Quid Pro Quo Benefit,
2023
University of Connecticut
Mitigating Misinformation On Social Media Platforms: Treating Section 230 Of The Communications Decency Act As A Quid Pro Quo Benefit, Meghan E. Mcdermott
Connecticut Law Review
The rise of misinformation on social media has prompted governments worldwide to enact legislation that may affect every person’s right to freedom of opinion and expression. In the United States, combatting misinformation shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip social media companies of the twenty-fiveyear-old law that shields them from lawsuits over content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. Thus, an alternative to combatting misinformation is needed.
In an attempt to provide an alternative, this Note presents a model for mitigating misinformation. By …
Masthead,
2023
University of California, Hastings College of the Law
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding,
2023
University of California, Hastings College of the Law
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
Hastings Communications and Entertainment Law Journal
Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …
Generative And Ai Authored Artworks And Copyright Law,
2023
University of California, Hastings College of the Law
Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray
Hastings Communications and Entertainment Law Journal
No abstract provided.
Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters,
2023
University of California, Hastings College of the Law
Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen
Hastings Communications and Entertainment Law Journal
For decades, songwriters have been short changed in their music royalties and copyright splits. This Note explores the historical inequity between songwriters and their counterparts—labels and recording artists—in royalty receipts, and potential methods by which this wrong may be righted in the next iteration of the internet, Web 3.0. Battles of the past can serve as a frame of reference in evaluating how songwriters will be compensated in Web 3.0. Tech companies cannot have a free pass to disregard licensing laws in the name of fast profits. This Note analyzes how music will be consumed and profited off of in …
Ea Sports: It’S In The Federal Legislation,
2023
University of California, Hastings College of the Law
Ea Sports: It’S In The Federal Legislation, Gia Silahian
Hastings Communications and Entertainment Law Journal
No abstract provided.
