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Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan 2018 University of California, Hastings College of the Law

Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan

Hastings Communications and Entertainment Law Journal

This paper addresses the current federal laws that prohibits sports gambling. It argues that the introduction of a well-regulated and transparent gambling industry may serve greater protections than what is provided by the law. Politicians are sensibly acknowledging the realities of sports gambling and its benefits. The current political climate, under a Trump Presidency, is ideal for legalizing this form of gambling. Part I of this note will reflect on the most recent history of sports gambling laws. It will draw on New Jersey’s legal struggles, the sports evolution of Las Vegas, and the relevant Daily Fantasy Sports controversy ...


From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott 2018 University of California, Hastings College of the Law

From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott

Hastings Communications and Entertainment Law Journal

This Article was selected from Volume 13, Number 2 of the Hastings Communications and Entertainment Law Journal. In light of President Donald Trump’s threats to change the current libel law, this Article was selected to address topics including Jerry Falwell’s unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation for name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputation by raising suspicions that statements are based on facts that are merely stretched.


Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis 2018 University of California, Hastings College of the Law

Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis

Hastings Communications and Entertainment Law Journal

This paper seeks to establish that the United States has a quasi-obligation to enact comprehensive moral rights legislation to remain compliant with the minimum protection standards set forth by the Berne Convention of 1886. In order to alleviate the anticipated economic and societal concerns stemming from this idea, this paper presents musical compositions as the initial work of authorship to receive moral rights, gradually easing the United States’ transition into full compliance with the Berne Convention. Part I of this paper will cover a brief history of music law in the United States, focusing on how the exclusive rights granted ...


Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez 2018 Washington University in St. Louis

Waiting To Be Heard: Fairness, Legal Rights, And Injustices The Deaf Community Faces In Our Modern, Technological World, Justin Chavez

Washington University Global Studies Law Review

This note will examine the existing access to legal aid, employment, recourse, and education in various deaf cultures and societies. The goal is a comparative study into how the DHH communities are accepted, valued, and prioritized in different countries, and how that translates into legal infrastructure, in the form of governmentally-mandated statues, regulations, public accommodations, and legal education. This will consist of a brief history into the recognition, labeling, and acceptance of deaf citizens in ancient and modern cultures, the path to a society’s awareness and eventual recognition of deaf citizens, and how the various levels of awareness differ ...


We Want Wi-Fi: The Fcc’S Intervention In Municipal Broadband Networks, Catherine L. Schwarze 2018 J.D./LLM (2018) Washington University School of Law

We Want Wi-Fi: The Fcc’S Intervention In Municipal Broadband Networks, Catherine L. Schwarze

Washington University Journal of Law & Policy

This note examines a Sixth Circuit ruling against the Federal Communication Commission which found that North Carolina and Tennessee had the authority to limit expansion of municipal broadband services. Schwarze argues that Tennessee v. FCC greatly interferes with the mission of the FCC to spread communications access and proposes a solution by way of a partnership among state governments, municipalities, and private broadband companies to increase access to high-speed internet to areas that lack such services.


Protecting The Democratic Role Of The Press: A Legal Solution To Fake News, Andrea Butler 2018 Washington University in St. Louis

Protecting The Democratic Role Of The Press: A Legal Solution To Fake News, Andrea Butler

Washington University Law Review

It is difficult to discuss the 2016 presidential election without including the impact of fake news in the conversation, and most commentators deplore the effect of fake news’ proliferation across the internet on American politics and the public. These conversations have centered on the impact fake news had on the presidential election, as well as concerns that the general public is unable to identify fake news. There have even been more immediately dangerous consequences stemming from fake news, such as a gunman showing up to a D.C. pizzeria to liberate children he believed Hillary Clinton was holding hostage there ...


Native Advertising In Social Media: Is The Ftc’S “Reasonable Consumer” Reasonable?, Celine Shirooni 2018 J.D. (2018) Washington University School of Law

Native Advertising In Social Media: Is The Ftc’S “Reasonable Consumer” Reasonable?, Celine Shirooni

Washington University Journal of Law & Policy

This note explores native advertising – advertising that has a semblance of editorial content – on social media how the Federal Trade Commission has struggled to address concerns about the ethical implications of the practice. Shirooni argues that the “reasonable consumer” test used by the FTC to determine whether an advertisement is deceptive is both outdated and too broad in the context of social media and proposes a modification of the test to fit the expectations of the typical user of social media applications.


Why Study The Internet?, Joe Fitzgerald 2018 Bard College

Why Study The Internet?, Joe Fitzgerald

Senior Projects Fall 2018

Senior Project submitted to The Division of Social Studies of Bard College.


Nondiscrimination In 5g Standards, Eli Greenbaum 2018 Yigal Arnon & Co.

Nondiscrimination In 5g Standards, Eli Greenbaum

Notre Dame Law Review Online

The broad diffusion of 5G technology, and its incorporation into a hefty catalog of devices and machines, will put more pressure on the nondiscrimination prong of the FRAND commitment. The value of 5G technology to simple consumer electronics (such as home routers) will differ starkly from the value of the same technology to cutting edge equipment (such as for remote surgery). Does a nondiscrimination commitment allow patentees to charge differential royalties for 5G technology in such diverse use cases? Both TCL and Unwired Planet examined the requirements of nondiscrimination only as between companies providing similar products. Going forward, however, judicial ...


Fifty Years Of Foia In Operation, 1967-2017, Tuan N. Samahon 2018 Villanova University

Fifty Years Of Foia In Operation, 1967-2017, Tuan N. Samahon

Working Paper Series

No abstract provided.


The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach, Olivia Altmayer 2018 Northwestern Pritzker School of Law

The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach, Olivia Altmayer

Northwestern Journal of International Law & Business

Contrary to the Court of Justice for the European Union’s decision in the Asnef-Equifax case, in a world of big data, it is inefficient and ineffective to treat EU competition law and EU data protection law as entirely separate legal considerations. Reevaluating this stance is critical in sectors where customer data is highly sensitive, and therefore highly valuable to those who steal it, particularly for the financial and healthcare sectors. Looking forward, companies that store and use biometric data will have to be similarly scrutinized. To correct this problem, the EU has numerous paths it can take: (a) continue ...


Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat 2018 The Catholic University of America, Columbus School of Law

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in ...


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Masthead, Editor In Chief 2018 The Catholic University of America, Columbus School of Law

Masthead, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents, Editor In Chief 2018 The Catholic University of America, Columbus School of Law

Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.


Assessing Assisted Reproductive Technology, Raymond C. O'Brien 2018 The Catholic University of America, Columbus School of Law

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning ...


Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall 2018 Arkansas State University - Main Campus

Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall

Catholic University Journal of Law and Technology

Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes ...


Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, Andrew Jackson Coley 2018 The Catholic University of America, Columbus School of Law

Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, Andrew Jackson Coley

Catholic University Journal of Law and Technology

9-1-1 call networks form the foundation of emergency communications infrastructure. However, a lack of funding and taking such networks for granted has led to a gradual yet predictable outdating of this critical infrastructure. Fortunately, recent efforts have acknowledged as such, and dedicated public safety officials have worked to update 9-1-1 systems to Next Generation 9-1-1 (NG9-1-1).
NG9-1-1 is an IP-based network with 21stcentury technology capable of handling increased call volume, more resilient networks, and providing significantly more data to first responders, among litany of other advancements. With this much needed advancement comes the responsibilities of ensuring a secure ...


Privacy Of Information And Dna Testing Kits, Shanna Raye Mason 2018 Catholic University of America (Student)

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This ...


Alexa, Who Owns My Pillow Talk? Contracting, Collaterizing, And Monetizing Consumer Privacy Through Voice-Captured Personal Data, Anne Logsdon Smith 2018 Catholic University of America (Student)

Alexa, Who Owns My Pillow Talk? Contracting, Collaterizing, And Monetizing Consumer Privacy Through Voice-Captured Personal Data, Anne Logsdon Smith

Catholic University Journal of Law and Technology

With over one-fourth of households in the U.S. alone now using voice-activated digital assistant devices such as Amazon’s Echo (better known as “Alexa”) and Google’s Home, companies are recording and transmitting record volumes of voice data from the privacy of people’s homes to servers across the globe. These devices capture conversations about everything from online shopping to food preferences to entertainment recommendations to bedtime stories, and even phone and appliance use. With “Big Data” and business analytics expected to be a $203 billion-plus industry by 2020, companies are racing to acquire and leverage consumer data by ...


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