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.
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women,
2013
Missouri Columbia School of Law
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
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 …
'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 …
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, …
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.
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 Constitutionality Of Consumer Privacy Regulation,
2013
Benjamin N. Cardozo School of Law
The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu
Articles
The article argues for enhanced consumer privacy protections through improved notices and restrictions on data sharing, while addressing potential First Amendment concerns by emphasizing the commercial nature of the entities involved. It suggests that regulating commercial data practices differs from restricting individual free speech and should not face the same legal hurdles.
State V. Makor Rishon Hameuhad (Hatzofe) Ltd.,
2012
Supreme Court of Israel
State V. Makor Rishon Hameuhad (Hatzofe) Ltd., Elyakim Rubinstein, Isaac Amit, Uzi Vogelman
Translated Opinions
Facts: A violent demonstration took place at the Ephraim District Brigade Headquarters on the night of 12/13 December 2011. A photographer, who had been invited by one of the participants, was present taking photographs. The police sought an order, pursuant to section 43 of the Criminal Procedure Ordinance, requiring the photographer and her newspaper to produce the photographs. The photographer and newspaper refused, arguing that the photographs would provide information that could identify the photographer’s source, and were thus protected by the journalist’s privilege. The magistrate court applied the Citrin test and rejected the privilege claim. The district court distinguished …
Telecommunications: Communications Law Reform,
2012
Federal Communications Commission
Telecommunications: Communications Law Reform, Jonathan Baker, Robert Mcdowell, Ajit Pai, Daniel Crane, Maureen Ohlhausen, Jennifer Elrod
Presentations
The transcript was published on 2013 Journal of Law, Technology & Policy University of Illinois Issue 1.
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution ,
2012
Pepperdine University
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
Pepperdine Law Review
No abstract provided.
Information Escrows,
2012
Yale Law School
Information Escrows, Ian Ayres, Cait Unkovic
Michigan Law Review
A variety of information escrows - including allegation escrows, suspicion escrows, and shared-interest escrows - hold the promise of reducing the first-mover disadvantage that can deter people with socially valuable private information from disclosing that information to others. Information escrows allow people to transmit sensitive information to a trusted intermediary, an escrow agent, who only forwards the information under prespecified conditions. For example, an allegation escrow for sexual harassment might allow a victim to place a private complaint into escrow with instructions that the complaint be lodged with the proper authorities only if the escrow agent receives at least one …
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny,
2012
Pepperdine University
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
Pepperdine Law Review
No abstract provided.
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting,
2012
Pepperdine University
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale
Pepperdine Law Review
No abstract provided.
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections ,
2012
Pepperdine University
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Pepperdine Law Review
No abstract provided.
Who's In Charge Here? Information Privacy In A Social Networking World,
2012
The University of Western Ontario
Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino
FIMS Presentations
No abstract provided.
Public Forum 2.1: Public Higher Education Institutions And Social Media,
2012
University of Florida Levin College of Law
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …
Applying Crawford's Confrontation Right In A Digital Age,
2012
William & Mary Law School
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Faculty Publications
No abstract provided.
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing,
2012
University of Michigan Law School
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Michigan Law Review
Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …
Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii
Nevada Law Journal
No abstract provided.
