Open Access. Powered by Scholars. Published by Universities.®

Communications Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,466 Full-Text Articles 2,841 Authors 1,660,589 Downloads 120 Institutions

All Articles in Communications Law

Faceted Search

3,466 full-text articles. Page 1 of 61.

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo 2021 University of San Diego

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address ...


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller 2021 University of California, Hastings College of the Law

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

Hastings Communications and Entertainment Law Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually ...


Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin 2021 University of California, Hastings College of the Law

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

Hastings Communications and Entertainment Law Journal

No abstract provided.


A “Journey” Through Band Agreements, Jordan M. Whitford 2021 University of California, Hastings College of the Law

A “Journey” Through Band Agreements, Jordan M. Whitford

Hastings Communications and Entertainment Law Journal

No abstract provided.


How Should We Regulate The Internet? A Proposal, Natalie Petruzelli 2021 St. John Fisher College

How Should We Regulate The Internet? A Proposal, Natalie Petruzelli

The Review: A Journal of Undergraduate Student Research

With the invention of the internet providing newfangled methods of spreading information around the world, misinformation has also found home in these pathways, disrupting the general public’s ability to discern fact from fiction and creating divides in society. Regulation must be enacted to stop the effects of misinformation, but the efforts of technology companies and the general public have been insufficient thus far. Regulatory control of the internet and its content should be the responsibility of the government, based on their constitutional right to intervene under certain circumstances and the fact that previous efforts by other parties to mitigate ...


Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver 2021 University of Mississippi

Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver

Honors Theses

From the onset of the republic, the liberty to speak freely and debate openly has stood guard and helped preserve all other American rights. While this concept has endured, the means by which it exists in society has changed immensely. As the public forum has evolved to fit the modern needs of the citizenry, political discourse has become less a defense against tyranny and more a chaotic space of conflicting opinions.

In the United States, privately-owned social media companies have grown at an unprecedented rate, yet lawmakers have been slow to exercise any authority to regulate these corporations. For public ...


Fake News (& Deep Fakes) And Democratic Discourse, Russell L. Weaver 2021 University of Florida Levin College of Law

Fake News (& Deep Fakes) And Democratic Discourse, Russell L. Weaver

Journal of Technology Law & Policy

This Article explores the problems related to fake news, bots and deep fakes. In addition to discussing the problems that they pose for public debate, it examines whether society has effective ways to deal with these problems.


Fcc Process Reforms Protect The Rule Of Law, Daniel A. Lyons 2021 Boston College Law School

Fcc Process Reforms Protect The Rule Of Law, Daniel A. Lyons

Boston College Law School Faculty Papers

On the eve of independence, John Adams famously argued that ours should be “a government of laws and not of men.” This warning should echo even more loudly through our current era, when the administrative state has eroded many of the structural safeguards designed to protect the rule of law. Strict judicial enforcement of the separation of powers and nondelegation has yielded to our faith in expert agencies to make important governance decisions. This tradeoff may be, in the Supreme Court’s words, a necessary concession to an “increasingly complex society.” But it highlights the importance of internal safeguards designed ...


The Constitutional Political Decentralization In The United Arab Emirates, Dr. Dawoud Abdulrazzak Ebaz Associate Professor. Public Law. Faculty of Sharia law-UAE 2021 United Arab Emirates University

The Constitutional Political Decentralization In The United Arab Emirates, Dr. Dawoud Abdulrazzak Ebaz Associate Professor. Public Law. Faculty Of Sharia Law-Uae

Journal Sharia and Law

This research aims to discuss the constitutional political decentralization as a method of constitutional organization in allocating jurisdictions between the Federation and its member States, and its indications. The research consits of three parts

I: Political decentralization comes with the federation.

2: The concept and identification of political decentralization.

3: Methods and indications of constitutional political decentralization in the United Arab Emirates.


The Control On In-Legislative Actions In Jordanian And Spanish Constitutions- الرقابة على الأعمال غير التشريعيـــة في النظامـيــــــن الدستورين الأردني والأسباني, Eid Ah. Alhosban 2021 Alalbayt University

The Control On In-Legislative Actions In Jordanian And Spanish Constitutions- الرقابة على الأعمال غير التشريعيـــة في النظامـيــــــن الدستورين الأردني والأسباني, Eid Ah. Alhosban

Journal Sharia and Law

The subject of Parliament actions needs more interest by Researchers, particularly those in-legislative ones, which mostly touch the individuals’ rights and freedom. In legislative actions -particularly the Parliament control, we see that efforts are paid to know whether such actions are constitutional or not, without any interest in the other section of these actions, i.e. the in-legislative ones.

Accordingly, this article gives models of some developed practices in the field of controlling in-legislative parliament actions, in order that we can benefit from them to urge legislators to develop our Jordanian law in this field


The Domain Names In The Global Informatics Net (Internet) The Concept And The Legal System, Dr.adnan sarhan 2021 Professor of Civil Law, Assistant Director for Branch Affairs, Former Dean of the Faculty of Law - University of Sharjah

The Domain Names In The Global Informatics Net (Internet) The Concept And The Legal System, Dr.Adnan Sarhan

Journal Sharia and Law

The foundation and the companies found a gap in the global informatic net that they can see all the world and frontage which demonstrate and sell the commodities and productions for the others .

Any computer , which has a connection with the net , must distinguish by digital address called (IP).It is a seariace of numbers written in four column suppurated by three dots like (169.18.15.06) ., Because of the difficulties to save and remember like this digital amount longing in feasible of using the internet and makes it more easy and accepted , Special tool created which is working ...


Reply ‘Stop’ To Cancel: Whether Receiving One Unwanted Marketing Text Message Confers Standing In Federal Court, Curtis R. Crooke 2021 Boston College Law School

Reply ‘Stop’ To Cancel: Whether Receiving One Unwanted Marketing Text Message Confers Standing In Federal Court, Curtis R. Crooke

Boston College Law Review

On August 28, 2019, the United States Court of Appeals for the Eleventh Circuit, in Salcedo v. Hanna, created a split regarding whether the receipt of a text message in violation of the Telephone Consumer Protection Act of 1991 (TCPA) confers standing to sue. The TCPA contains prohibitions on the use of telephonic equipment for telemarketing purposes, which the Federal Communications Commission (FCC) has interpreted to include text messaging. The Act also provides a private right of action for citizens to sue for violations if they have standing, meaning, in part, that they have suffered an injury. In Salcedo, the ...


How Far Are Fundamental, Basic Rights Morally Explicit In Constitutional Laws? (A Judicial, Constitutional Comparative Study), Eid Ah. Alhosban 2021 Alalbayt University

How Far Are Fundamental, Basic Rights Morally Explicit In Constitutional Laws? (A Judicial, Constitutional Comparative Study), Eid Ah. Alhosban

Journal Sharia and Law

The importance of the complimentary role of constitutionaljurisdiction in comparative constitutionalregimes is inherent in Basic, fundamental Rights and Public Freedoms and Liberties legislation. The acknowledgement of these rights morally is ambiguous in contemporary constitutionallaws.

This study deals with how far the aforementioned rights are morally explicit in constitutional laws.


A (Solicited) Call For Clarity: The Definition Of Automatic Telephone Dialing System After Gadelhak, Scott J. Sheltra 2021 Boston College Law School

A (Solicited) Call For Clarity: The Definition Of Automatic Telephone Dialing System After Gadelhak, Scott J. Sheltra

Boston College Law Review

In 2020, in Gadelhak v. AT&T Services, the United States Court of Appeals for the Seventh Circuit upheld the Northern District of Illinois’s ruling that a tool that sends text message surveys to consumers was not an automatic telephone dialing system under the Telephone Consumer Protection Act of 1991. The Seventh Circuit reached this decision by rendering a different interpretation for the statutory definition of an automatic dialer than the district court. Gadelhak widened an already substantial circuit court split regarding what technologies the Act covers. This Comment evaluates the strengths and shortcomings of the Seventh Circuit’s ...


Privileging Opinion, Denigrating Discourse: How The Law Of Defamation Incentivizes News Talk-Show Hyperbole, Clay Calvert 2021 Pepperdine University

Privileging Opinion, Denigrating Discourse: How The Law Of Defamation Incentivizes News Talk-Show Hyperbole, Clay Calvert

Pepperdine Law Review

This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse. The Article uses the 2020 federal court rulings in McDougal v. Fox News Network, LLC and Herring Networks, Inc. v. Maddow as analytical springboards to address this problem. In both cases, judges dismissed defamation claims stemming from comments made by well-known talk-show hosts—Fox News’s Tucker Carlson in McDougal and MSNBC’s Rachel Maddow in Herring Networks—on the ground that their remarks would not be understood by viewers as factual assertions ...


The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore 2021 Villanova University Charles Widger School of Law

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal

No abstract provided.


Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval 2021 The Catholic University of America, Columbus School of Law

Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval

Catholic University Law Review

As climate change augurs longer wildfire seasons, safe, reliable, and competitive energy and communications markets depend on sound infrastructure and well-calibrated regulation. The humble wooden utility pole, first deployed in America in 1844 to extend telegraph service, forms the twenty-first century’s technological scaffold. Utility poles are increasingly contested places where competition, safety, and reliability meet. Yet, regulators and academics have largely overlooked the risks posed by century-old private utility pole associations in California, composed of private and public utility pole owners and some entities who attach facilities to utility poles. No academic articles have examined the rules, roles, and ...


Caretaker Government: From The Political Concept To The Legal Framework, sam dallah 2021 Associate Professor of Public Law College of Law, Sharjah University

Caretaker Government: From The Political Concept To The Legal Framework, Sam Dallah

Journal Sharia and Law

The constitutional and political life in the parliamentary democracies is mainly based on the principle of alternation of power, in addition to multiparty system. The majority of these democracies adopted an electoral systems based on the proportional, since it represent the best electoral systems for ensuring the expansion and the fairness of political representation.

However this constitutional and political life, often leads to a political instability that conducts to a governmental instability by the transformation of the Government from a full constitutional powers to a «caretaker Government».

Certainly, the maintaining of the quality and the principles of constitutional and political ...


The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, RonNell Anderson Jones, Sonja R. West 2021 S.J. Quinney College of Law, University of Utah

The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, Ronnell Anderson Jones, Sonja R. West

Utah Law Faculty Scholarship

The erosion of constitutional norms in the United States is at the center of an urgent national debate. Among the most crucial of these issues is the fragile and deteriorating relationship between the press and the government. While scholars have responded with sophisticated examinations of legislators’ and the President’s characterizations of the news media, one branch of government has received little scrutiny—the U.S. Supreme Court. This gap in the scholarship is remarkable in light of the Court’s role as the very institution entrusted with safeguarding the rights of the press. This paper presents the findings of ...


Digital Commons powered by bepress