Crowdfunding Securities,
2013
University of Colorado Law School
Crowdfunding Securities, Andrew A. Schwartz
Publications
A new federal statute authorizes the online "crowdfunding" of securities, a new idea based on the concept of "reward" crowdfunding practiced on Kickstarter and other websites. This method of selling securities had previously been banned by federal securities law but the new CROWDFUND Act overturns that prohibition.
This Article introduces the CROWDFUND Act and explains that it can be expected to have two primary effects on securities law and capital markets. First, it will liberate startup companies to use peer networks and the Internet to obtain modest amounts of capital at low cost. Second, it will help democratize the market …
News In Cyberspace: The Creation Of The New Ignorance,
2013
Florida Agricultural and Mechanical University
News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin
Journal Publications
Computers are dummying us down. Book learning has given way to computer speak. Modern technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of education (enough to make somebody lethal), a sprinkle of bigotry, and fear produce people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that …
The “Friend”Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation,
2013
Florida A & M University College of Law
The “Friend”Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry
Journal Publications
Social media use has exploded around the world. The top social networking site (SNS), Facebook, reports that it has more than a billion members with approximately two million friend requests every twenty minutes. Coupled with the other top 15 social networking sites, including Linkedln, Google+, Twitter, and MySpace, the number of social networking users is estimated to exceed 2 billion. With billions of people producing and consuming media content through SNS, there has been a growing trend of law firms' use of SNS as a marketing tool and litigators' inclusion of discovery from SNS as a part of their discovery …
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting,
2013
University of Maryland Francis King Carey School of Law
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds
Maryland Law Review
No abstract provided.
The Anonymous Internet,
2013
University of Maryland Francis King Carey School of Law
The Perils Of Social Reading,
2013
Washington University in St. Louis School of Law
The Perils Of Social Reading, Neil M. Richards
Scholarship@WashULaw
Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.
This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …
Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi,
2013
University of Richmond
Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon
Richmond Journal of Law & Technology
Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (“ESI”) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes. However, what many practitioners may not realize is that the ESI that clients are required to produce for e- discovery includes both “unstructured” and “structured” data. Searching and producing only one of these types of ESI may well not fully satisfy a client’s full discovery obligations. Even worse, it might not present a full understanding of the factual issues …
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends,
2013
University of Richmond
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager
Richmond Journal of Law & Technology
Early in the twentieth century, the phenomenon that is the “quantum” stormed the fortress of classical physics, causing Albert Einstein, one of science's greatest thinkers, to opine, “[i]t was as if the ground had been pulled out from under one, with no firm foundation to be seen anywhere, upon which one could have built.” The theoretical laws associated with looking at reality on the quantum level violently collided with those related to looking at the same reality on the macro level. The application of quantum theory to the mathematically pure and proven classical laws of physics introduced a cultural clash …
Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues,
2013
University of Richmond
Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues, Justin P. Murphy, Adrian Fontecilla
Richmond Journal of Law & Technology
As the newest pillar of communication in today’s society, social media is revolutionizing how the world does business, discovers and shares news, and instantly engages with friends and family. Not surprisingly, because social media factors into the majority of cases in some respect, this exploding medium significantly affects government investigations and criminal litigation. Social media evidence includes, among other things, photographs, status updates, a person’s location at a certain time, and direct communications to or from a defendant’s social media account. This Article will examine the importance of social media in government investigations and criminal litigation, including access to and …
Cover Letter,
2013
University of Richmond
Cover Letter, Benjamin R. Fox
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2013-2014 academic year. First published in 1995, JOLT is the world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Today, with the publication of Issue One of its Twentieth Volume, JOLT aims to continue this tradition by providing relevant, insightful, and well-written articles that will drive discussion on these topics.
Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road,
2013
University of Richmond
Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road, Thomas Y. Allman
Richmond Journal of Law & Technology
[District Courts], impatient with the failure of the national system to solve pressing, indeed urgent, procedural problems, utilize local rules in an effort to shape pragmatic solutions . . . . [as] one route to procedural change.
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.
A Deference To Protocol: Fashioning A Three-Dimensional Public Policy Framework For The Internet Age,
2013
Motorola Mobility
A Deference To Protocol: Fashioning A Three-Dimensional Public Policy Framework For The Internet Age, Richard S. Whitt
Cardozo Arts & Entertainment Law Journal
This Article discusses how public policy grounded in the Internet's architecture can best ensure that the Net fully enables tangible benefits such as innovation, economic growth, free expression, and user empowerment. In particular, recognizing that the Internet is rapidly becoming society's chief operating system, this Article shows how an overarching public policy framework should be faithful to the multifaceted nature of the online world. As part of such a framework, this Article will explore one key aspect of the Internet: the "logical" Middle Layers functions, its inner workings derived from open software protocols and inclusive, decentralized processes. Adhering to the …
"A Right To Be Spared Unhappiness": Images Of Death And The Expansion Of The Relational Right Of Privacy,
2013
Benjamin N. Cardozo School of Law
"A Right To Be Spared Unhappiness": Images Of Death And The Expansion Of The Relational Right Of Privacy, Catherine Leibowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Electronic Silk Road: How The Web Binds The World In Commerce,
2013
Georgetown University Law Center
The Electronic Silk Road: How The Web Binds The World In Commerce, Anupam Chander
Georgetown Law Faculty Publications and Other Works
On the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an event in cyberspace occurs at once everywhere and nowhere, what law applies? How can consumers be protected when engaging with companies across the world?
In this accessible book, cyber-law expert Anupam Chander provides the first thorough …
Durkheim's Internet: Social And Political Theory In Online Society,
2013
New York Law School
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases,
2013
Benjamin N. Cardozo School of Law
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright 1992-2012: The Most Significant Development?,
2013
Columbia Law School
Copyright 1992-2012: The Most Significant Development?, Jane C. Ginsburg
Faculty Scholarship
On the occasion of the twentieth anniversary of the Fordham Intellectual Property Law & Policy Conference, its organizer, Professor Hugh Hansen, planned a session on “U.S. Copyright Law: Where Has It Been? Where Is It Going?” and asked me to look back over the twenty years since the conference’s inception in order to identify the most important development in copyright during that period. Of course, the obvious answer is “the Internet,” or “digital media,” whose effect on copyright law has been pervasive. I want to propose a less obvious response, but first acknowledge that digital media and communications have presented …
Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions,
2013
Columbia Law School
Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman
Faculty Scholarship
When does a cyber attack (or threat of cyber attack) give rise to a right of self-defense – including armed self-defense – and when should it? By "cyber attack" I mean the use of malicious computer code or electronic signals to alter, disrupt, degrade or destroy computer systems or networks or the information or programs on them. It is widely believed that sophisticated cyber attacks could cause massive harm – whether to military capabilities, economic and financial systems, or social functioning – because of modern reliance on system interconnectivity, though it is highly contested how vulnerable the United States and …
