Protecting The Cloak And Dagger With An Illusory Shield: How The Proposed Free Flow Of Information Act Falls Short,
2010
Indiana University Maurer School of Law
Protecting The Cloak And Dagger With An Illusory Shield: How The Proposed Free Flow Of Information Act Falls Short, Jill Laptosky
Federal Communications Law Journal
Journalists who use secret sources may be presented with a staggering dilemma-disclose the source to comply with a subpoena or go to jail to protect the source. Despite the U.S. Supreme Court's holding in Branzburg v. Hayes (1972), most jurisdictions now recognize that journalists have a privilege not to disclose their confidential sources when compelled to do so by the government. While the degree of the privilege's protection varies across jurisdictions, the fact that such a privilege exists at all may surprise anyone who has read Branzburg, which held that the First Amendment cannot support the existence of the privilege. …
Internet Governance And Democratic Legitimacy,
2010
Fordham University School of Law
Internet Governance And Democratic Legitimacy, Oliver Sylvain
Federal Communications Law Journal
Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The FCC's adjudication of a dispute concerning a major broadband service provider's network management practices is a case in point. There, in the absence of any enforceable legislative or regulatory rule, the FCC turned principally to the transmission principles of the Internet Engineering Taskforce, the preeminent nongovernmental Internet engineering standard-setting organization. This impulse to defer as a matter of course to such an organization without any legal mechanism requiring as much …
Future Imperfect: Googling For Principles In Online Behavioral Advertising,
2010
Indiana University Maurer School of Law
Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth
Federal Communications Law Journal
In a remarkably short time, Google, Inc. has grown from two people working in a rented garage to a pervasive Internet force. Much of Google's unprecedented success stems from online advertising sales which employ behavioral advertising techniques-techniques that track consumer behavior--thereby increasing relevance and decreasing the cost of reaching a targeted audience. In the same span that saw Google's inception and explosive online dominance, the Federal Trade Commission has struggled to define not only the privacy issues involved in online behavioral advertising, but also the practice of behavioral advertising itself. Freed from the restraints of comprehensive federal laws and restrictive …
An Empirical Assessment Of The Potential For Will Substitutes To Improve State Intestacy Statutes,
2010
University of Minnesota Law School
An Empirical Assessment Of The Potential For Will Substitutes To Improve State Intestacy Statutes, Mary Louise Fellows, E Gary Spitko, Charles Q. Strohm
Indiana Law Journal
No abstract provided.
Confident Uncertainty, Excessive Compensation & The Obama Plan,
2010
Southwestern Law School
Confident Uncertainty, Excessive Compensation & The Obama Plan, Michael B. Dorff
Indiana Law Journal
Public outrage at the enormous bonuses TARP recipients paid to senior executives recently prompted the Obama administration to impose sweeping new curbs on executive compensation. Shortly thereafter, Senator Dodd added restrictions on executive bonuses to the stimulus bill President Obama subsequently signed. These are understandable political reactions, but will they achieve the twin goals of reducing executive compensation in recipients of federal assistance while spurring better corporate performance? To examine this question, I analyze excessive compensation as the product of "confident uncertainty, "the tendency of even the most sophisticated actors to place unwarranted confidence in their ability to predict the …
States, Statutes, And Fraud: A Study Of Emerging State Efforts To Combat White Collar Crime,
2010
University of Alabama School of Law
States, Statutes, And Fraud: A Study Of Emerging State Efforts To Combat White Collar Crime, Pamela Bucy, Jonathan Diesenhaus, Marc S. Raspanti, Holly Chestnut, Katherine Merrell, Chad Vacarella
Cardozo Law Review
No abstract provided.
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, …
F09rs Sgb No. 1 (Realignment Of Committees),
2010
Louisiana State University
F09rs Sgb No. 1 (Realignment Of Committees), Martin, Bonvillain, Gammon, Palermo, Prestridge, Sellers
Student Senate Enrolled Legislation
No abstract provided.
F09rs Sgb No. 3 (Rules Of Court),
2010
Louisiana State University
F09rs Sgb No. 3 (Rules Of Court), Prestridge
Student Senate Enrolled Legislation
No abstract provided.
F09rs Sgb No. 4 (Secretary Duties),
2010
Louisiana State University
F09rs Sgb No. 4 (Secretary Duties), Mullen, Gammon
Student Senate Enrolled Legislation
No abstract provided.
Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine,
2010
University of Detroit Mercy School of Law
Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine, Cristina D. Lockwood
Cardozo Public Law, Policy & Ethics Journal
The void for vagueness doctrine is itself indefinite. The current void for vagueness analysis provides that the law is void for vagueness if it fails to provide fair notice of the prohibited conduct or is so standardless that it allows for discriminatory enforcement. Uncertainty within the doctrine exists because the United States Supreme Court has not articulated a definitive position as to when facial review is appropriate in the void for vagueness analysis. Further, the Court's decision that a law can be void for vagueness based solely on a finding that there is a potential for discriminatory enforcement creates uncertainty …
Reconstructing The Individual Mandate As An Escrow Account,
2010
University of North Carolina School of Law
Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky
Michigan Law Review First Impressions
The recent health care reform law's most controversial provision is the individual mandate, which imposes a fine on individuals who fail to obtain a minimum level of health insurance coverage. Many object to this policy, arguing that the government shouldn't force individuals to purchase health insurance. Others believe that the mandate is a necessary component to health care reform. What has been missed in the discussion is that Congress could restructure the individual mandate to avoid the requirement that individuals purchase health insurance while still fulfilling its principal function. The principal purpose of the mandate is not to require individuals …
Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos,
2010
University of London, Birkbeck College
Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis
Cardozo Law Review
No abstract provided.
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa,
2010
American Energy Freedom Center
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
University of Richmond Law Review
No abstract provided.
The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan
Working Paper Series
The question of the place of higher law in the ordinary practice of law is even now dogged by the brooding omnipresence caricature. This Article seeks to introduce and apply a philosophically defensible account of natural law, the one defended by Thomas Aquinas, to various problematics of contemporary law and jurisprudence. The Article argues that such higher law is not so high as to be relevant only to sexy constitutional questions, as is often supposed, but to everything we do in law. The Article argues that liberals and conservatives alike should acknowledge both the place of natural law in the …
Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining,
2010
1567
Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Working Paper Series
Written for a conference at Villanova Law School held to celebrate and explore the work of Joseph Vining over forty years, this paper considers the adequacy of Vining’s phenomenology of law. Specifically, it inquires into the accuracy of Vining’s startling claims that “legislation is a problem in law, not central to law” and “rules are nowhere to be found” in law. The argument of the paper is that when -- but only when -- law is understood to be an ordinance of reason in the mind of him or them who have care of the community, for the common good, …
It Is Logic Rather Than Whom You Trust: A Rejoinder To Prof. Cohen,
2010
University of Michigan Law School
It Is Logic Rather Than Whom You Trust: A Rejoinder To Prof. Cohen, Douglas A. Kahn
Articles
This article is the continuation of an exchange that has taken place between Prof. Stephen B. Cohen and me concerning the validity of criticisms leveled by Chief Justice John Roberts on an opinion by then-Judge Sonia Sotomayor writing for the Second Circuit in the case of William L. Rudkin Testamentary Trust v. Commissioner. While affirming the Second Circuit’s decision, Chief Justice Roberts, writing for a unanimous Supreme Court, criticized and rejected Justice Sotomayor’s construction of the relevant statutory provision. In an article in the August 3, 2009, issue of Tax Notes, Cohen defended Justice Sotomayor’s construction of the statute and …
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder,
2010
University of Maryland School of Law
From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super
Faculty Scholarship
Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …
Taiwan's Anti-Corruption Strategy: Suggestions For Reform,
2010
University of Maryland Francis King Carey School of Law
Taiwan's Anti-Corruption Strategy: Suggestions For Reform, Jon S.T. Quah
Maryland Series in Contemporary Asian Studies
No abstract provided.
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 …
