Emerging Technologies And Dwindling Speech,
2013
Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge Roig
Scholarly Works
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …
The New World Of Mobile Communication: Redefining The Scope Of Warrantless Cell Phone Searches Incident To Arrest,
2013
Vanderbilt University Law School
The New World Of Mobile Communication: Redefining The Scope Of Warrantless Cell Phone Searches Incident To Arrest, Samuel J.H. Beutler
Vanderbilt Journal of Entertainment & Technology Law
In many jurisdictions, law enforcement officials may conduct a warrantless search of the contents of an arrestee's cell phone incident to an arrest. The judicial precedent for this policy dates back to the early 1990s when courts equated early mobile technology, such as pagers and first generation cell phones, to physical containers capable of storing a limited number of calls or messages. Supreme Court precedent had long permitted the warrantless search of such containers incident to arrest. However, due to advancements in technology, mobile devices, such as smart phones, now have the capacity to hold a larger amount of personal …
Constitutional Law - Due Process Clause - The Due Process Clause Of The Fifth Amendment Requires Fair Notice Of What Violates Federal Indecency Standards,
2013
University of Florida Levin College of Law
Constitutional Law - Due Process Clause - The Due Process Clause Of The Fifth Amendment Requires Fair Notice Of What Violates Federal Indecency Standards, Jon L. Mills
UF Law Faculty Publications
Casenote regarding Fed. Commc’ns Comm’n v. Fox Television Stations, Inc., 132 S. Ct. 2307 (2012).
Introductory Note To The Final Acts Of The World Conference On International Telecommunications,
2013
Indiana University Maurer School of Law
Introductory Note To The Final Acts Of The World Conference On International Telecommunications, David P. Fidler
Articles by Maurer Faculty
On December 14, 2012, member states of the International Telecommunication Union (ITU) approved the Final Acts of the World Conference on International Telecommunications. The ITU is the specialized agency of the United Nations fostering cooperation on information and communication technologies, and, through world conferences, it periodically revises the International Telecommunication Regulations (ITRs), a treaty the ITU adopted in 1988.2 However, in December 2012, the Final Acts, the manner in which they were approved, and the World Conference proved controversial, and these controversies will adversely affect the impact of the Final Acts and the revised ITRs on international telecommunications law.
Snapchat And Sexting: A Snapshot Of Baring Your Bare Essentials,
2013
University of Richmond
Snapchat And Sexting: A Snapshot Of Baring Your Bare Essentials, Nicole A. Poltash
Richmond Journal of Law & Technology
The usurpation of personal pictures posted on social media websites is not uncommon.
'Simple' Takes On The Supreme Court,
2013
American University Washington College of Law
'Simple' Takes On The Supreme Court, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
Arrested By The Image,
2013
University of Melbourne
Visual Jurisprudence,
2013
New York Law School
Visual Jurisprudence, Richard Sherwin
Articles & Chapters
Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …
Espn V. Ohio State: The Ohio Supreme Court Uses Ferpa To Play Defense For Offensive Athletic Programs,
2013
Villanova University Charles Widger School of Law
Espn V. Ohio State: The Ohio Supreme Court Uses Ferpa To Play Defense For Offensive Athletic Programs, Konrad R. Krebs
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Fcc Ancillary Jurisdiction Over Internet And Broadband,
2013
New York Law School
Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein
Articles & Chapters
No abstract provided.
No Implied Effect: The ‘Safe’ Fcc Cell Phone Radiation Standard And Tort Immunity By Implied Conflict Preemption,
2013
University of Richmond
No Implied Effect: The ‘Safe’ Fcc Cell Phone Radiation Standard And Tort Immunity By Implied Conflict Preemption, Sean M. Sherman
Richmond Journal of Law & Technology
Cell phones emit low-level radiation. Constantly.
Ensuring Remedies To Cure Cramming,
2013
University of Colorado Law School
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Cardozo Journal of Conflict Resolution
On July 23, 2012, the Federal Trade Commission ("FTC") called wireless telephone bill cramming "a significant consumer problem," and both the FTC and Federal Communications Commission ("FCC") have been delving into the morass of concerns regarding cramming with respect to landline (or wired) telephone billing. "Cramming" occurs when a third party unaffiliated with a customer's telephone company adds charges to the telephone bills that the company sends to the customer. These charges can be for anything from horoscopes to long-distance telephone services.
Birthing “Cla”: Critical Legal Activism, The Ip Wars And Forking The Law,
2013
University of North Carolina
Birthing “Cla”: Critical Legal Activism, The Ip Wars And Forking The Law, Victoria Smith Ekstrand, Andrew Famiglietti, Suzanne V.L. Berg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off,
2013
Benjamin N. Cardozo School of Law
From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off, Jared Bloch
Cardozo Journal of Conflict Resolution
The first section discusses the background of the role of alternative dispute resolution ("ADR") in television, starting with the courtroom dramas that helped bring ADR to mainstream culture. Next, the Note will explore the regulations that helped to shape the television industry, in conjunction with a discussion of why the impact of these regulations is still being felt today. Then, the Note will discuss the effect that guilds, such as the Screen Actors Guild ("SAG") and American Federation of Television and Radio Artists ("AFTRA"), have on arbitration provisions and contracts as a whole, as well as a bigger picture analysis …
Searching For Internet Freedom In China: A Case Study On Google's China Experience,
2013
National Chengchi University
Searching For Internet Freedom In China: A Case Study On Google's China Experience, Jyh-An Lee, Ching-Yi Liu, Weiping Li
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Terry Jones And Global Free Speech In The Internet Age,
2013
Benjamin N. Cardozo School of Law
Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel Ii: Critical Legal Activism And Netroots Movements,
2013
UNC School of Journalism and Mass Communication
Panel Ii: Critical Legal Activism And Netroots Movements, Victoria Smith Ekstrand, Brett Frischmann, John Tehranian, Siva Vaidhyanathan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Antitrust Enforcement And Sectoral Regulation: The Competition Policy Benefits Of Concurrent Enforcement In The Communications Sector,
2013
American University Washington College of Law
Antitrust Enforcement And Sectoral Regulation: The Competition Policy Benefits Of Concurrent Enforcement In The Communications Sector, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
The US competition agencies – the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) – often share jurisdiction with sectoral regulators also charged with fostering competition, such as the Federal Communications Commission (FCC). This article highlights how this institutional structure – concurrent jurisdiction – helps protect competition through the lens of recent US experiences involving the communications industry. It argues that concurrent jurisdiction is likely most effective when the communications regulator has independent access to industry information to limit capture, when the communications regulator can take a long-term perspective, when the antitrust agency can …
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk,
2013
Benjamin N. Cardozo School of Law
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
Three Puzzling Things About New York Times V. Sullivan: Beginning The Anniversary Conversation,
2013
University of Michigan Law School
Three Puzzling Things About New York Times V. Sullivan: Beginning The Anniversary Conversation, Leonard M. Niehoff
Articles
This is the 50th anniversary of a watershed year in the history of the civil rights movement. During that year, the Southern Christian Leadership Conference mounted its anti-segregation campaign in Alabama; Commissioner "Bull" Connor turned dogs and fire hoses on demonstrators; activists were attacked; riots flared; George Wallace blocked the doors of a public university to keep black students out; President Kennedy dispatched troops to Alabama and called for the passage of a civil rights bill; Medgar Evers was murdered; the then-largest human rights demonstration in U.S. history converged on Washington; Martin Luther King Jr. gave his historic speech at …
