Electronic Social Media: Friend Or Foe For Judges,
2017
El Paso County Court at Law No. 6
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
St. Mary's Journal on Legal Malpractice & Ethics
The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …
"To Hell In A Handbasket": Teachers, Free Speech, And Matters Of Public Concern In The Social Media World,
2017
Bingham Greenebaum Doll LLP
"To Hell In A Handbasket": Teachers, Free Speech, And Matters Of Public Concern In The Social Media World, Jessica O. Laurin
Indiana Law Journal
This Note argues that courts should narrow the scope of examined speech and place little weight on the amount of media attention that the speech received. Although courts sometimes reject First Amendment protection on the Pickering balancing test instead of the public concern issue, the public concern requirement is a threshold issue that plays a critical role in successful First Amendment claims. Accordingly, courts need to revisit the public concern doctrine to ensure that its analysis is sound and yields the correct outcome.
Part I provides background concerning retaliation claims, criticism of the public concern requirement, and special issues that …
User-Friendly Taxpaying,
2017
UNC School of Law
User-Friendly Taxpaying, Kathleen Delaney Thomas
Indiana Law Journal
Technology is revolutionizing our lives. With the touch of a button or a simple voice command, we can instantly order groceries, get directions, or find the nearest sushi restaurant. Sensibly, the private sector has capitalized on these recent innovations to drive up profits. To sell more laundry detergent, Amazon now enables consumers to order refills by simply pressing the “dash button” mounted above their laundry machines. Starbucks lures more customers by allowing them to pre-order online and have their drink waiting when they arrive at the store. The theory behind this approach is simple: if you want someone to use …
Smart Contracts: Terminology, Technical Limitations And Real World Complexity,
2017
Singapore Management University
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Research Collection Yong Pung How School Of Law
If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding …
The Struggle Over Webcasting--Where Is The Stream Carrying Us?,
2017
University of Oklahoma College of Law
The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell
Oklahoma Journal of Law and Technology
No abstract provided.
Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children,
2017
University of Oklahoma College of Law
Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon
Oklahoma Journal of Law and Technology
No abstract provided.
The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union,
2017
University of Oklahoma College of Law
The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union, Alexander Zinser
Oklahoma Journal of Law and Technology
No abstract provided.
Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names,
2017
University of Oklahoma College of Law
Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp
Oklahoma Journal of Law and Technology
No abstract provided.
Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act,
2017
University of Oklahoma College of Law
Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers
Oklahoma Journal of Law and Technology
No abstract provided.
E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines,
2017
University of Oklahoma College of Law
E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short
Oklahoma Journal of Law and Technology
No abstract provided.
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act,
2017
University of Oklahoma College of Law
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner
Oklahoma Journal of Law and Technology
No abstract provided.
Censorship On The Internet: Who Should Make The Rules,
2017
University of Oklahoma College of Law
Censorship On The Internet: Who Should Make The Rules, Joe Zopolsky
Oklahoma Journal of Law and Technology
No abstract provided.
Emailer Beware: The Fourth Amendment And Electronic Mail,
2017
University of Oklahoma College of Law
Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe
Oklahoma Journal of Law and Technology
No abstract provided.
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies,
2017
University of Oklahoma College of Law
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Oklahoma Journal of Law and Technology
No abstract provided.
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal,
2017
Pepperdine University
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell
Pepperdine Dispute Resolution Law Journal
This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites,
2017
University of Oklahoma College of Law
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell
Oklahoma Journal of Law and Technology
No abstract provided.
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before,
2017
University of Oklahoma College of Law
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Oklahoma Journal of Law and Technology
No abstract provided.
Yershov V. Gannett: Rethinking The Vppa In The 21st Century,
2017
University of Maine School of Law
Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee
Maine Law Review
Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which the First …
Possession Of Child Exploitation Material In Computer Temporary Internet Cache,
2017
Legal Informatics and Forensic Science Institute
Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James
Journal of Digital Forensics, Security and Law
When considering the possession of child exploitation material U.S. and German courts have the same focus, but slightly different interpretations. This slight difference in interpretation could mean that in one country a defendant will be found guilty of possession while in the other country he or she could be found not guilty. In this work we examine the standards courts in Germany and the United States have used to combat child pornography, and analyze the approaches specifically related to viewing and possession of CEM. A uniform solution is suggested that criminalizes “knowing access with the intention to view” as a …
Data Collection And The Regulatory State,
2017
Boston University School of Law
Data Collection And The Regulatory State, Ahmed Ghappour
Faculty Scholarship
The following remarks were given on January 27, 2017 during the Connecticut Law Review’s symposium, “Privacy, Security & Power: The State of Digital Surveillance.” Hillary Greene, the Zephaniah Swift Professor of Law at the University of Connecticut School of Law, offered introductory remarks and moderated the panel. The panel included Dr. Cooper, Associate Professor of Law and Director of the Program on Economics & Privacy at Antonin Scalia Law School at George Mason University, Professor Ghappour, Visiting Assistant Professor at UC Hastings College of the Law, Attorney Lieber, Senior Privacy Policy Counsel at Google, and Dr. Wu, Professor of Law …
