Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience,
2010
Indiana University Maurer School of Law
Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience, Andrea N. Person
Federal Communications Law Journal
Privacy concerns associated with information available on the Internet has become a central focus for policymakers in Washington, D.C., and around the world. Specifically, the use of deep packet inspection (DPI) technology to offer behavioral advertising on the Internet has become the focus of policy discussions. While there are legitimate concerns related to improper use of this technology, the benefits of the proper use of DPI should not be overlooked. This Note asks how increasing regulatory barriers to limit online behavioral advertising could affect the consumer's experience online. To answer this question, this Note first looks at what DPI is, …
An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa,
2010
West Virginia University College of Law
An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston
West Virginia Law Review
No abstract provided.
Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill,
2010
Benjamin N. Cardozo School of Law
Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill, George Remennik
Cardozo Public Law, Policy & Ethics Journal
The article argues that the U.S. tax system unfairly treats professional poker players by restricting the deduction of gambling losses under Section 165d, despite poker being increasingly recognized as a game of skill. This disparity contrasts with the treatment of other professions, which can fully deduct business expenses. The analysis calls for legislative clarification to align the tax treatment of professional poker players with that of other professionals, ensuring equitable tax outcomes.
Caught In The Act Of Picturing,
2010
Université (Vincennes-St Denis) Paris 8
Caught In The Act Of Picturing, Barbara Villez
Cardozo Law Review
No abstract provided.
Rwanda 94: Theater, Film, And Intervention,
2010
Université Paris Ouest Nanterre La Défense
Rwanda 94: Theater, Film, And Intervention, Christian Biet
Cardozo Law Review
No abstract provided.
Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters,
2010
Georgetown University Law Center
Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Does remix matter? This brief comment addresses the critique of importance, arguing that remix culture as well as the popular/mass culture from which it springs are of vital importance to human flourishing, invoking Donna Haraway's concept of the cyborg to investigate the fluidity, dynamism, and monstrousness of remixes and remixers.
Advancing Consumer Interests Through Ubiquitous Broadband: The Need For A New Spectrum,
2010
Federal Communications Commission
Advancing Consumer Interests Through Ubiquitous Broadband: The Need For A New Spectrum, Meredith Attwell Baker
Federal Communications Law Journal
Comprehensive and long-term spectrum reform can play a critical role in the FCC's development of a National Broadband Plan and in its consideration of Open Internet rules. More efficient and intensive use of the nation's spectrum resources would help provide a path to greater broadband deployment, competition and innovation for all consumers. Wireless and mobile technologies hold great promise to offer consumers new services to complement, extend, or even replace existing broadband offerings. A comprehensive review of the nation's spectrum policy is, therefore, necessary to ensure that wireless and mobile broadband services are not hamstrung by outdated rules or command-and-control …
Masthead Vol.62 No.1 (2010),
2010
Maurer School of Law: Indiana University
Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages,
2010
UC Law SF
Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter
UC Law SF Communications and Entertainment Journal
The paper examines the distinction between "stored communications" and the greater privacy protection given to communications in the process of transmission under U.S. federal law. The issue arises in the context of voice mail, text messages, and email. Statutes examined include the Stored Communications Act, the Electronic Communications Privacy Act ("ECPA"), the Wiretap Act, and the language amending the Wiretap Act to eliminate storage from the definition of wire communication in the USA Patriot Act. Case discussions examine the development of the concept of "stored" communications. The emphasis is on recent cases after the USA Patriot Act and a decision …
Fcc Regulation And Increased Ownership Concentration In The Radio Industry,
2010
Northwestern University School of Law
Fcc Regulation And Increased Ownership Concentration In The Radio Industry, Peter Dicola
Faculty Working Papers
In 1996, Congress increased the limits on how many radio stations one firm can own within a single "radio market." To enforce these limits, the FCC used an idiosyncratic method of defining radio markets, based on the complex geometry of the signal contour patterns of radio stations' broadcasts. Using a unique geographic data set, this paper provides the first calculations of the pre- and post-1996 limits on local radio ownership as actually implemented by the FCC. The limits are surprisingly permissive and vary considerably from city to city. While the limits were seldom binding on radio firms, I find a …
A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts,
2010
UC Law SF
A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin
UC Law SF Communications and Entertainment Journal
This article examines the tension between sensitive national security information and transparency in the federal courts. Although courts are public institutions with long histories of public access, courts also have the power to restrict access to information if it poses a threat to national security. In a variety of contexts, restrictions on access have been justified by mosaic theory-the idea that even apparently innocuous information can be harmful to national security interests if pieced together by a knowledgeable observer, such as a foreign intelligence organization. This article traces the development of mosaic theory in the federal courts, and argues that …
Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang
UC Law SF Communications and Entertainment Journal
U.S. trademark law protects trademarks that have achieved a sufficient degree of fame. This principle extends to trademarks based on foreign popular culture icons, such as Japan's "Hello Kitty." But while that principle seems obvious, caselaw on this subject has been minimal. Without clear judicial guidance confirming that such trademarks are protectable, American infringers may have felt emboldened to misappropriate them. However, in 2007 and 2008, a United States District Court presided over a trademark litigation involving "Dae Jang Geum," the name of the most popular Korean television drama in history. By analyzing the three most important orders issued in …
The Agony Of War And A World Without Law,
2010
UC Law SF
The Agony Of War And A World Without Law, Josh Zetlin
UC Law SF Communications and Entertainment Journal
This note analyzes Lewis Milestone's classic film A//.Quiet on the Western Front in order to illustrate the importance of law in society. Philosophers and legal theorists have pondered endlessly on the importance of law and the roles it serves. Building upon the concepts such as the "social contract," the creators of our legal system carved out particular areas of laws to satisfy specific societal wants and needs. Milestone's war epic reveals how war destroys these legal institutions. The chaos of war and unaccountability for immoral acts shatters the foundation of law, bringing great suffering to the characters in the film. …
Judicial Kryptonite: Superman And The Consideration Of Moral Rights In American Copyright,
2010
UC Law SF
Judicial Kryptonite: Superman And The Consideration Of Moral Rights In American Copyright, Sean Mcgilvray
UC Law SF Communications and Entertainment Journal
Superman is one of the most enduring and widely-recognized fictional characters of all time. But behind the scenes of his colorful adventures, a bitter struggle raged between his original creators and the publisher who currently owns the copyright. In a historic recent decision, the United States District Court for the Central District of California granted a summary judgment declaring that the heirs of the writer had recaptured a portion of the copyright in Superman through the Copyright Act's termination and recapture tight provisions. While, not expressly premised upon moral rights considerations, the judgment reflects many of the core values of …
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010),
2010
UIC School of Law
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
Understanding And Regulating The Sport Of Mixed Martial Arts,
2010
UC Law SF
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher
UC Law SF Communications and Entertainment Journal
The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts ("MMA'). MMA is an interdisciplinary combat sport where participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) in a single match. In this Article, Professor Maher examines and analyzes the sport's evolution, tracing it from its shaggy, brutish beginnings to its current incarnation; articulates a pragmatic and comparative theory of sporting legitimacy; reviews and describes the state-based and administrative nature of MMA regulation; and highlights two reform possibilities of interest …
Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp
UC Law SF Communications and Entertainment Journal
Romantic relationships among co-workers: should employers have the right to suppress such activity? Employers often view the widespread practice of dating among co-workers as highly problematic. In light of increased sexual harassment suits, many employers attempt to limit or eliminate intimate relationships among employees through the institution of "no-fraternization" policies. The strictest of these policies allow for legal termination of employees that violate the policy's terms, and can include total prohibition of intimate relationships among co-workers. Employees argue that such bans, which also affect employees' off-duty intimate association, should be held unconstitutionally invasive of employees' privacy rights or invalid on …
Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting,
2010
UC Law SF
Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre
UC Law SF Communications and Entertainment Journal
Copyright is critical to protecting sports broadcasts, and new technology has evolved to disseminate these broadcasts to the many people that enjoy professional sports. Because of new digital rights in the copyright statute, the NFL has very strong copyright protections that cover Internet, satellite, television, and radio licensing of its broadcasts. A "blackout" blocks certain programs from being broadcast in a particular market. Attempting to incentivize fans to come to football games, the NFL "blacks out" games that are not sold out within seventytwo hours of game time within a seventy-five-mile radius of the stadium. The "blackout rule" has been …
Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection,
2010
UC Law SF
Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw
UC Law SF Communications and Entertainment Journal
Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft recurring battle between trademark protections and right to freedom of expression, specifically the right to parody. The Yes Men, a parody troop, in a stunt which confused numerous news outlets, held a press conference as "members" of the United States Chamber of Commerce. The Chamber responded by suing the Yes Men for, amongst other causes of action, trademark infringement pursuant to the Lanham Act. This note will first analyze the history of the debate between the conflicting right of free expression and consumer …
Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings,
2010
UC Law SF
Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes
UC Law SF Communications and Entertainment Journal
Thanks to micro-blogging and social networking tools, we no longer have to pick up a phone to call our friends and ask them what they are doing. Instead we turn to our laptop, BlackBerry, or iPhone to get instant information available to us through the Internet. Twitter is a key player in the Internet information exchange line-up and has made its way into one of the oldest and most archaic forums: the courtroom. The current law does not properly address whether reporters should be allowed to tweet, but this trend is becoming more prevalent. Twitter needs to be addressed with …
