University of Miami School of Law
University of Cincinnati College of Law
Indiana University
James Madison University
University of California, Hastings College of the Law
Marquette University Law School
Columbia Law School
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 …
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 …
Aclp - Updated Estimates Of State Bead Allocations - As Of January 2023,
2023
New York Law School
Aclp - Updated Estimates Of State Bead Allocations - As Of January 2023, New York Law School
Reports and Resources
No abstract provided.
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 …
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.
Aclp - Updated Overview Of Iija Digital Equity Grant Programs - March 2023,
2023
New York Law School
Aclp - Updated Overview Of Iija Digital Equity Grant Programs - March 2023, New York Law School
Reports and Resources
No abstract provided.
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 …
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.
The Policy Origins Of Wi-Fi,
2023
Loyola University School of Law - New Orleans
The Policy Origins Of Wi-Fi, John Blevins
Indiana Law Journal
Wi-Fi technology has become a necessary foundation of modern economic and cultural life. This Article explains its history. Specifically, it argues that Wi-Fi owes its existence and widespread adoption to federal policy choices that have been underexplored in the literature. Wi-Fi’s development is often portrayed as an unexpected and lucky accident following the FCC’s initial decision in the 1980s to allow more unlicensed and experimental uses. This view, however, obscures the more fundamental role that federal policy played. For one, the rise of modern Wi-Fi was the product of a series of policy decisions spanning decades. In addition, the FCC’s …
Forms Of Expression Of Will In Constitutional Texts Regulating Rights And Freedoms And Its Impact On Their Guarantee: A Comparative Study),
2022
Lecturer –of Constitutional Law - University of Abu Bakr Belkaid - Faculty of Law - Tlemcen – Algeria
Forms Of Expression Of Will In Constitutional Texts Regulating Rights And Freedoms And Its Impact On Their Guarantee: A Comparative Study), Fatima Zohra Ramdani Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The study presents the problem of multiple method of expression in drafting constitutional legal rules related to the rights and freedoms of individuals, because the good constitutional rule simplifies the difficulties related to understanding and applying them, and spreading legitimate confidence in the legal system of the state, which results in protecting the legal framework in which individuals and state authorities interact alike the objective of the state of law.
The recherche revealed that the multiplicity of methods, and how to provide for rights and freedoms has two butt: the first hand is demonstrates the interest of the constitutional founder …
Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe,
2022
Villanova University Charles Widger School of Law
Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss
Villanova Environmental Law Journal
No abstract provided.
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech),
2022
CUNY Bernard M Baruch College
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Open Educational Resources
From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online,
2022
Washington and Lee University School of Law
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll
Washington and Lee Journal of Civil Rights and Social Justice
The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the internet context. This Note evaluates …
Countering Personalized Speech,
2022
Northwestern Pritzker School of Law
Countering Personalized Speech, Leon G. Ho
Northwestern Journal of Technology and Intellectual Property
Social media platforms use personalization algorithms to make content curation decisions for each end user. These personalized recommendation decisions are essentially speech conveying a platform's predictions on content relevance for each end user. Yet, they are causing some of the worst problems on the internet. First, they facilitate the precipitous spread of mis- and disinformation by exploiting the very same biases and insecurities that drive end user engagement with such content. Second, they exacerbate social media addiction and related mental health harms by leveraging users' affective needs to drive engagement to greater and greater heights. Lastly, they erode end user …
Aclp - Broadband Planning Tool Kit - October 2022,
2022
New York Law School
Aclp - Broadband Planning Tool Kit - October 2022, New York Law School
Reports and Resources
This Tool Kit provides state and local policymakers with a range of resources and analyses for use during broadband planning. The Tool Kit focuses on the array of grant and other funding opportunities available to states and localities as a result of the Infrastructure Investment & Jobs Act, as well as other pandemic-era stimulus programs. However, the Tool Kit is also useful for broadband planning outside of these specific funding programs. Indeed, the Tool Kit offers foundational planning resources that can be used now and in the future by officials, ISPs, and other stakeholders in the broadband space.
Aclp - Overview Of Bead Program (Updated) - October 2022,
2022
New York Law School
Aclp - Overview Of Bead Program (Updated) - October 2022, New York Law School
Reports and Resources
No abstract provided.
