Common Law
Beer v. the First Amendment: the Troubling Implications of the Fourth Circuit’s Decision in Swecker
Author: Robert SamuelPosted on April 22nd, 2012 | No Comments |
American universities are known both for their students’ enthusiasm for alcohol and for producing popular student-run newspapers.[1]But is there a connection between alcohol consumption and student media? The Virginia Beverage Control Board (“VBCB”), an agency of the Commonwealth of Virginia, said “yes.” To counter this perceived problem, the VBCB promulgated…
Continue reading...For Schools, Bullying Can Raise a Complex Constitutional Problem
Author: Francisco M. Negrón, Jr.Posted on April 13th, 2012 | No Comments |
Ask anyone to talk about bullying and schools and he or she will inevitably mention the Internet as a root cause. The conversation is sure to include talk of perpetrators, victims, and what schools need to do to keep children safe. This conversation is legitimate and understandable. Indeed, ensuring safe…
Continue reading...The Myth of Perfection
Author: Derek E. BambauerPosted on April 3rd, 2012 | No Comments |
Cyberlaw is plagued by the myth of perfection.
Consider three examples: censorship, privacy, and intellectual property. In each, the rhetoric and pursuit of perfection has proved harmful, in ways this Essay will explore. And yet the myth persists—not only because it serves as a potent metaphor, but because it disguises the policy preferences of the mythmaker. Scholars should cast out the myth of perfection, as Lucifer was cast out of heaven. In its place, we should adopt the more realistic, and helpful, conclusion that often good enough is . . . good enough.
Continue reading...Reading Over Your Shoulder: Social Readers and Privacy Law
Author: Margot KaminskiPosted on March 9th, 2012 | 5 Comments |
My friends, who are generally well educated and intelligent, read a lot of garbage. I know this because since September 2011, their taste in news about Justin Bieber, Snooki, and the Kardashians has been shared with me through “social readers” on Facebook. Social readers instantaneously list what you are reading on another website, without asking for your approval before disclosing each individual article you read. They are an example of what Facebook calls “frictionless sharing,” where Facebook users ostensibly influence each other’s behavior by making their consumption of content on other websites instantly visible to their friends. Many people do not think twice about using these applications, and numerous publications have made them available, including the Washington Post, Wall Street Journal, and Guardian.
Continue reading...The Case Against an International Cyber Warfare Convention
Author: Lawerence L. Muir, Jr.Posted on December 9th, 2011 | No Comments |
Over the past five years, a number of academic articles have called for the creation of an international convention to govern the rules, rights, and responsibilities of nations in cyber warfare and information operations. Although cyber warfare by its nature is an international issue, the articles fail to recognize the overwhelming obstacles that will prevent a timely and meaningful agreement from taking form and why an agreement may not benefit the United States. This Essay addresses the need for clarification of cyber warfare laws from the perspective of strengthening the United States and protecting American citizens, businesses, and government.
Continue reading...New Beginnings: A Hybrid Approach to Accountability in Libya
Author: Elizabeth B. Ludwin KingPosted on December 8th, 2011 | No Comments |
On October 20, 2011, rebel forces killed Muammar Gaddafi, thereby ending an eight-month civil war as well as Gaddafi’s forty-two-year rule over Libya. The National Transitional Council (“NTC”), the interim government, has a huge task before it—establishing a democracy where one has never existed. Part of this task will entail grappling with crimes committed both during the civil war and throughout Gaddafi’s reign. Building a new government has its challenges, but the situation in post-conflict Libya presents complications that will impact the way the new government handles the crimes of the former regime. Given these obstacles, the NTC should seek international assistance as it develops a transitional justice plan. A hybrid approach to accountability, involving both local and international actors, will put Libya on stronger footing as it emerges on the global stage as a renewed country.
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