Communications Law Commons^™

Facilitating The Intent Of Deceased Social Media Users, Yael Mandel

Cardozo Law Review

This Note will proceed in four parts. Part I will discuss the background of general testamentary principles of trusts and estates law. Part II will address the existing post-life policies of Facebook, Instagram, LinkedIn, and Twitter and the implications of the recently drafted acts addressing the disposition of digital assets. Part III will propose adding some type of testamentary formalities for the distribution of access to a deceased user's social media accounts, such as adding an electronic signature line and requiring the user to re-enter their password before saving their selections. In addition, Part III proposes the application of certain …

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan

Life of the Law School (1993- )

No abstract provided.

Utility Law—All Hands On Deck: Bringing Broadband Home To Rural Arkansas, Amie Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept—all have taken the …

Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George

Utah Law Faculty Scholarship

This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. This article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector companies …

Rape In Context: Lessons For The United States From The International Criminal Court, Caroline Davidson

Cardozo Law Review

The law of rape is getting a rewrite. Domestically and internationally, major efforts are underway to reform rape laws that have failed to live up to their promises of seeking justice for victims and deterring future sexual violence. The cutting edge of international criminal law on rape eschews inquiries into consent and instead embraces an examination of coercion or a coercive environment. By contrast, in the United States, rape reform discussions typically center on consent. The American Law Institute's proposed overhaul of the Model Penal Code's provision on sexual assault carves out a middle ground and introduces, in addition to …

Captive Callers: How Regulators Can Address Paradoxical Pricing In The Ics Industry After Global Tel*Link, Taggart R. Mosholder

University of Colorado Law Review Forum

No abstract provided.

"Fake News," No News, And The Needs Of Local Communities, Carol Pauli

Faculty Scholarship

The Quaker authors had in mind an ancient truth - that "love endures and overcomes" - and they were convinced that this truth is accessible to all. This article addresses truth at a more immediate and mundane level. It is concerned with the accurate information that local communities need in order to thrive.

The article proceeds in three steps. Part I reviews one way community needs were addressed when the first large-scale electronic communication technology entered individual homes in the form of radio and television. In those days, broadcasters had an affirmative duty to ascertain the problems of the communities …

Liberal Constitutionalism And Economic Inequality, Rosalind Dixon, Julie Suk

Articles

Economic inequality is rising in democracies across the world and poses a clear threat to both the stability and legitimacy of liberal constitutional models. Can liberal constitutionalism respond to this threat? Or are there inherent limits to the liberal model that prevent an effective response? This Essay explores these questions by surveying the range of possible structural and rights-based constitutional responses to economic inequality, as well as possible obstacles to these responsesincluding problems of definition, leveling up versus down, unintended or counterproductive consequences, and institutional path dependence.

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Contents

Catholic University Journal of Law and Technology

No abstract provided.

Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan

UC Law SF Communications and Entertainment Journal

This paper addresses the current federal laws that prohibits sports gambling. It argues that the introduction of a well-regulated and transparent gambling industry may serve greater protections than what is provided by the law. Politicians are sensibly acknowledging the realities of sports gambling and its benefits. The current political climate, under a Trump Presidency, is ideal for legalizing this form of gambling. Part I of this note will reflect on the most recent history of sports gambling laws. It will draw on New Jersey’s legal struggles, the sports evolution of Las Vegas, and the relevant Daily Fantasy Sports controversy. Part …

The Transparency Tax, Andrew K. Woods

Vanderbilt Law Review

Transparency is critical to good governance, but it also imposes significant governance costs. Beyond a certain point, excess transparency acts as a kind of tax on the legal system. Others have noted the burdens of maximalist transparency policies on both budgets and regulatory efficiency, but they have largely ignored the deeper cost that transparency imposes: it constrains one’s ability to support the law while telling a self-serving story about what that support means. Transparency’s true tax on the law is the loss of expressive ambiguity.

In order to understand this tax, this Article develops a taxonomy of transparency types. Typically, …

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in the …

Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

Masthead, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.