Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry,
2012
University of Maryland Francis King Carey School of Law
Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry, Amanda Conley, Anupam Datta
Maryland Law Review
No abstract provided.
Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises,
2012
University of Michigan Law School
Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises, Peter Maggiore
Michigan Telecommunications & Technology Law Review
In a sense, social media has become the ideal manifestation of the "Marketplace of Ideas" (hereinafter "Marketplace") that Chief Justice Oliver Wendell Holmes articulated. The Marketplace concept will be discussed in greater detail below, but in brief, it is the theory that truth will surface over falsehoods when all opinions and ideas are freely expressed, because the value or worth of that opinion or idea will be determined on the market of public opinion. Part I of this Note will examine the Marketplace concept through the works of various legal and philosophical theorists. Chief among them is Frederick Schauer's work …
Fighting The First Sale Doctrine: Strategies For A Struggling Film Industry,
2012
University of Michigan Law School
Fighting The First Sale Doctrine: Strategies For A Struggling Film Industry, Sage Vanden Heuvel
Michigan Telecommunications & Technology Law Review
The first sale doctrine, codified at 17 U.S.C. § 109, grants the owners of a copy of a copyrighted work the right to sell, rent, or lease that copy without permission from the copyright owner. This doctrine, first endorsed by the Supreme Court in Bobbs-Merrill Co. v. Straus, was established at a time when the owner of a good necessarily had to forego possession in order to sell or lease the item to another.[...] The changes in technology and industry over the past two decades threaten to upend this balance. In today's digital world, an owner of a copy of …
Chopping Down The Rainforest: Finding A Solution To The "Amazon Problem",
2012
University of Michigan Law School
Chopping Down The Rainforest: Finding A Solution To The "Amazon Problem", Eric Andrew Felleman
University of Michigan Journal of Law Reform Caveat
Current economic conditions in the United States have led to a dramatic decrease in state tax revenue. Without these funds, states will be unable to support important public services, and hundreds of thousands of jobs in the public and private sectors are at risk of being cut, as states work to close $103 billion in budget gaps. Accomplishing that will involve overcoming many hurdles, such as the unpopularity of raising taxes during times of economic trouble, but one largely untapped source could provide a significant amount of income to states. States currently lose around $23 billion annually in uncollected use …
Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases,
2012
Duke Law School
Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases, Sarah H. Ludington
Faculty Scholarship
In Young v. New Haven Advocate, 315 F.3d 256 (4th Cir. 2002), the Fourth Circuit crafted a jurisdictional test for Internet defamation that requires the plaintiff to show that the defendant specifically targeted an audience in the forum state for the state to exercise jurisdiction. This test relies on the presumption that the Internet — which is accessible everywhere — is targeted nowhere; it strongly protects foreign libel defendants who have published on the Internet from being sued outside of their home states. Other courts, including the North Carolina Court of Appeals, have since adopted or applied the test. The …
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012),
2012
UIC John Marshall Law School
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
UIC Law Open Access Faculty Scholarship
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
The Need To Prevent Employers From Accessing Private Social Network Profiles,
2012
University of Michigan Law School
The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick
University of Michigan Journal of Law Reform Caveat
In March 2012, social network privacy became a conversation topic after news reports of the story of Justin Bassett, a job applicant who withdrew his application in the middle of an interview when the interviewer asked him for the username and password of his private Facebook account. Although the issue has received much attention from the public and media, the Department of Justice (DOJ) has stated that it has no interest in prosecuting employers for asking for social networking account information. Fortunately, legislation that would make it illegal for employers to ask for the username and passwords for social networking …
Network Neutrality: Verizon V. Fcc,
2012
University of Michigan Law School
Network Neutrality: Verizon V. Fcc, Anna S. Han
University of Michigan Journal of Law Reform Caveat
The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemoth, Verizon, over the issue of network neutrality. Although this conflict between the government and corporate giants is far from new, recent events have forced courts to give it close scrutiny. Given the explosive pace at which technology has expanded and permeated citizens’ daily lives, the judgments rendered have greater significance now than ever before.
"Like" Your President: A Case For Online Voting,
2012
University of Michigan Law School
"Like" Your President: A Case For Online Voting, Jeremy Garson
University of Michigan Journal of Law Reform Caveat
In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg,
2012
Columbia Law School
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Jane C. Ginsburg, Eva E. Subotnik
Faculty Scholarship
A transcribed conversation about moral rights in the digital age — in respect of some of the legal and technological developments that have occurred since Professor Jane Ginsburg's 2001 essay, Have Moral Rights Come of (Digital) Age in the United States?, 19 Cardozo Arts & Ent. L. J. 9 (2001).
Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act),
2012
University of Michigan Law School
Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act), Anna S. Han
University of Michigan Journal of Law Reform Caveat
Earlier, I posted about a network neutrality case, Verizon v. FCC, which could have far-reaching consequences for the Internet industry. Another concerted attempt to regulate the Internet, disguised in the form of a piracy protection bill, recently came before the House Judiciary Committee and garnered widespread disapproval. Representative Lamar Smith (R-TX) and a bipartisan group of twelve co-sponsors introduced the “Stop Online Piracy Act” (“SOPA”) on October 26, 2011, which punishes websites that are accused of facilitating copyright infringement. Although touted by its supporters as a weapon against foreign sites that steal and sell American inventions, SOPA is problematic because …
Technology Convergence And Federalism: The Case Of Voip Regulation,
2012
Boston College Law School
Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons
University of Michigan Journal of Law Reform Caveat
The Vermont Supreme Court may soon consider whether federal law permits the Public Service Board to regulate certain voice-over-internet-protocol (VoIP) services. Across the Hudson, Governor Andrew Cuomo recently sought to bar the New York Public Service Commission from adopting similar regulations. And these states are not alone: from Maine to Florida, several states are considering whether their jurisdiction over traditional telephone service encompasses this new technology, through which nearly one-third of American landline households receive telephone service. If so, nationwide VoIP providers could face up to fifty new legal regimes with which they must comply before offering service. If not, …
Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012),
2012
UIC School of Law
Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney
UIC Review of Intellectual Property Law
Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …
The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012),
2012
UIC School of Law
The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012), Thomas Hemnes
UIC Review of Intellectual Property Law
Personally Identifiable Information (“PII”) has never been more valuable. In today’s networked world, seemingly trivial facts can be collected, molded into a marketable economic profile, and transferred in the blink of an eye. To be sure, the commodification of PII allows for provision of dramatically more efficient and effective services. Yet the potential for privacy abuses is substantial. What interest does one have in the constellation of facts that defines one’s identity? Is it something one can own, like their right of publicity? Or are others free to use what they learn about a person? This article surveys current privacy …
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012),
2012
UIC School of Law
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath
UIC Review of Intellectual Property Law
More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …
Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age,
2012
University of Colorado Law School
Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus Hoffmeister
University of Colorado Law Review
This Article begins by examining the traditional reasons for juror research. The Article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the Article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case. In Part II, the Article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this Article focuses …
Enhancing Public Access To Online Rulemaking Information,
2012
University of Pennsylvania Law School
Enhancing Public Access To Online Rulemaking Information, Cary Coglianese
Michigan Journal of Environmental & Administrative Law
One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …
Welcoming Remarks,
2012
Southern Methodist University
Welcoming Remarks, Joseph J. Norton
SMU Science and Technology Law Review
No abstract provided.
China's Current Intellectual Property Plan, Policies & Practices,
2012
Southern Methodist University
China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen
SMU Science and Technology Law Review
No abstract provided.
Chinese Intellectual Property Judges Panel,
2012
Southern Methodist University
Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu
SMU Science and Technology Law Review
No abstract provided.
