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Tuesday, May 22, 2012
Professor Garcia to Sign Marginal Workers at Henderson Barnes & Noble
The Boyd School of Law is very pleased to announce that Professor Ruben Garcia will be signing copies of his first book, Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them without Protection, at the Barnes & Noble in Henderson, Nevada, on June 2, 2012.
Published by NYU Press in January 2012, Marginal Workers weaves together vivid stories about workplace settings with thought-provoking ideas about legal boundaries, policy, and law reform. Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Professor Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, Professor Garcia argues for a new paradigm in worker protection, one based on human freedom and rights, and points to a number of examples in which marginal workers have organized for greater justice on the job in spite of weaknesses in the law.
Garcia currently serves as Professor of Law at Boyd School of Law. Prior to joining Boyd's full-time faculty in 2011, Garcia served as Professor of Law and Director of the Labor and Employment Law Program at California Western School of Law in San Diego, where he taught for eight years. Professor Garcia's research and teaching focus on the ways that race, gender, immigration and globalization impact the law of work. Professor Garcia's scholarly work has appeared in a number of prominent publications, including the University of Chicago Legal Forum, Hastings Law Journal, Florida State Law Review, Florida Law Review, the University of Pennsylvania Journal of Labor and Employment Law, the First Amendment Law Review, and the Journal of Gender, Race and Justice.
Professor Garcia will be signing copies of Marginal Workers beginning at 1:00 p.m. on June 2, 2012, at the Barnes & Noble located at 567 North Stephanie, Henderson, NV 89104.
Monday, May 21, 2012
Welcome, Professor Griffin!
The Boyd School of Law is very pleased to announce that Professor Leslie Griffin will join the full-time faculty effective July 1, 2012.
Professor Griffin is a leading scholar in the area of constitutional law, especially law and religion. She is the author of Law and Religion: Cases and Materials (Foundation Press, 2d ed. 2010) and Law and Religion: Cases in Context (Aspen 2010). Professor Griffin’s article-length scholarship has appeared in prominent law reviews such as Emory Law Journal, Cardozo Law Review, Fordham Law Review, Wisconsin Law Review, Georgetown Journal of Legal Ethics, Maine Law Review, and Houston Journal of Health Law & Policy. Professor Griffin’s most recent law review article, “The Sins of Hosanna-Tabor,” is forthcoming in Volume 88 of the Indiana Law Journal and is available for download from SSRN.
During the 2012-2013 academic year, Professor Griffin will teach Law and Religion, Constitutional Law I, and Bioethics.
Prior to joining the faculty at Boyd, Professor Griffin served as the inaugural holder of the Larry and Joanne Doherty Chair in Legal Ethics at the University of Houston Law Center in Houston, Texas. Before moving to Houston, Professor Griffin clerked for the Honorable Mary M. Schroeder of the U.S. Ninth Circuit Court of Appeals and served as Assistant Counsel in the Department of Justice’s Office of Professional Responsibility.
Professor Griffin will office in Room 462. Welcome to Boyd, Professor Griffin!
Professor Griffin is a leading scholar in the area of constitutional law, especially law and religion. She is the author of Law and Religion: Cases and Materials (Foundation Press, 2d ed. 2010) and Law and Religion: Cases in Context (Aspen 2010). Professor Griffin’s article-length scholarship has appeared in prominent law reviews such as Emory Law Journal, Cardozo Law Review, Fordham Law Review, Wisconsin Law Review, Georgetown Journal of Legal Ethics, Maine Law Review, and Houston Journal of Health Law & Policy. Professor Griffin’s most recent law review article, “The Sins of Hosanna-Tabor,” is forthcoming in Volume 88 of the Indiana Law Journal and is available for download from SSRN.
During the 2012-2013 academic year, Professor Griffin will teach Law and Religion, Constitutional Law I, and Bioethics.
Prior to joining the faculty at Boyd, Professor Griffin served as the inaugural holder of the Larry and Joanne Doherty Chair in Legal Ethics at the University of Houston Law Center in Houston, Texas. Before moving to Houston, Professor Griffin clerked for the Honorable Mary M. Schroeder of the U.S. Ninth Circuit Court of Appeals and served as Assistant Counsel in the Department of Justice’s Office of Professional Responsibility.
Professor Griffin will office in Room 462. Welcome to Boyd, Professor Griffin!
Saturday, May 19, 2012
Welcome, Professor Lipman!
The Boyd School of Law is very pleased to welcome Professor Francine Lipman to the full-time faculty effective July 1, 2012.
Professor Lipman is a national figure in tax law. She has written extensively on tax and accounting topics for legal and accounting periodicals, including Wisconsin Law Review, American University Law Review, Connecticut Public Interest Law Journal, Nevada Law Journal, Florida Tax Review, Virginia Tax Review, Harvard Environmental Law Review, Harvard Latino Law Review, Harvard Journal on Legislation, The Tax Lawyer, The Practical Tax Lawyer, and Tax Notes. As of May 1, 2012, Professor Lipman ranked as the top female professor in terms of all-time tax law scholarship downloads from SSRN.
Prior to joining the faculty at Boyd, Professor Lipman taught at Chapman University School of Law from 2003 to 2012 and Chapman University School of Business and Economics from 2001 to 2012. At Chapman, Professor Lipman taught tax law and accounting courses, received awards for excellence in teaching and research, and was responsible for a substantial Volunteer Income Tax Assistance Program.
Prior to her academic career, Professor Lipman served as Special Counsel at O'Melveny & Myers in Newport Beach, CA, Tax Associate at Irell & Manella in Newport Beach, CA, Chief Financial Officer at Diamond Designs in San Diego, CA, and Certified Public Accountant at Arthur Young & Company in San Diego, CA.
Professor Lipman will be located in Room 444. Welcome, Professor Lipman!
Professor Lipman is a national figure in tax law. She has written extensively on tax and accounting topics for legal and accounting periodicals, including Wisconsin Law Review, American University Law Review, Connecticut Public Interest Law Journal, Nevada Law Journal, Florida Tax Review, Virginia Tax Review, Harvard Environmental Law Review, Harvard Latino Law Review, Harvard Journal on Legislation, The Tax Lawyer, The Practical Tax Lawyer, and Tax Notes. As of May 1, 2012, Professor Lipman ranked as the top female professor in terms of all-time tax law scholarship downloads from SSRN.
Prior to joining the faculty at Boyd, Professor Lipman taught at Chapman University School of Law from 2003 to 2012 and Chapman University School of Business and Economics from 2001 to 2012. At Chapman, Professor Lipman taught tax law and accounting courses, received awards for excellence in teaching and research, and was responsible for a substantial Volunteer Income Tax Assistance Program.
Prior to her academic career, Professor Lipman served as Special Counsel at O'Melveny & Myers in Newport Beach, CA, Tax Associate at Irell & Manella in Newport Beach, CA, Chief Financial Officer at Diamond Designs in San Diego, CA, and Certified Public Accountant at Arthur Young & Company in San Diego, CA.
Professor Lipman will be located in Room 444. Welcome, Professor Lipman!
Labels:
Boyd Faculty,
Faculty Appointments,
Professor Lipman,
Tax Law
Friday, May 18, 2012
Welcome, Professor Main!
The Boyd School of Law is very pleased to announce that Professor Thomas Main, one of three new additions to Boyd's full-time faculty, has arrived on campus.
Professor Main is an expert in the field of domestic and international civil procedure. He is the author of Civil Procedure: Doctrine, Practice, and Context (Aspen), a leading casebook in the field that is now in its fourth edition, and two international books: Transnational Litigation in Comparative Perspective (Oxford) and Global Issues in Civil Procedure (West). Professor Main’s scholarship also has appeared in prominent law reviews such as Washington University Law Review, Washington Law Review, Notre Dame Law Review, University of Cincinnati Law Review, and Temple Law Review.
Professor Main is an outstanding teacher. At the University of Pacific McGeorge School of Law, where he served on the faculty from 2000 to 2012, Professor Main received the ‘Professor of the Year’ award five times by the student body. He also received the University’s 'Podesto Award for Excellence in Teaching.' During the 2012-2013 academic year at Boyd, Professor Main will teach Civil Procedure, Conflict of Laws, and Federal Courts.
Prior to his academic career, Professor Main served as a litigator in the trial department at Hill & Barlow in Boston, Massachusetts, and as Associate General Counsel at Platinum Equity in Los Angeles, California. Professor Main also clerked for Judge Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit.
Professor Main is located in Room 447. Welcome, Professor Main!
Professor Main is an expert in the field of domestic and international civil procedure. He is the author of Civil Procedure: Doctrine, Practice, and Context (Aspen), a leading casebook in the field that is now in its fourth edition, and two international books: Transnational Litigation in Comparative Perspective (Oxford) and Global Issues in Civil Procedure (West). Professor Main’s scholarship also has appeared in prominent law reviews such as Washington University Law Review, Washington Law Review, Notre Dame Law Review, University of Cincinnati Law Review, and Temple Law Review.
Professor Main is an outstanding teacher. At the University of Pacific McGeorge School of Law, where he served on the faculty from 2000 to 2012, Professor Main received the ‘Professor of the Year’ award five times by the student body. He also received the University’s 'Podesto Award for Excellence in Teaching.' During the 2012-2013 academic year at Boyd, Professor Main will teach Civil Procedure, Conflict of Laws, and Federal Courts.
Prior to his academic career, Professor Main served as a litigator in the trial department at Hill & Barlow in Boston, Massachusetts, and as Associate General Counsel at Platinum Equity in Los Angeles, California. Professor Main also clerked for Judge Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit.
Professor Main is located in Room 447. Welcome, Professor Main!
Three New Faculty Appointments
In the fall, three more outstanding scholars will join Boyd School of Law as full-time members of the faculty. Professor Leslie Griffin, a leading figure in constitutional law, especially law and religion, will join Boyd from the University of Houston Law Center, where she served as the inaugural holder of the Larry and Joanne Doherty Chair in Legal Ethics. Professor Francine Lipman, a national scholar in tax law, will join Boyd from Chapman University, where she taught tax law and accounting courses in the School of Law and the School of Business and Economics. Professor Thomas Main, a leading expert in the field of domestic and international civil procedure, will join Boyd from the University of Pacific McGeorge School of Law, where he taught Civil Procedure, Comparative Law, Complex Civil Litigation, and Conflict of Laws, among other courses. Welcome, Professors Griffin, Lipman, and Main.
Thursday, May 17, 2012
Boyd to Host Fourth Annual Southwest Criminal Law Conference
We are very pleased to announce that Professor Anne Traum has organized and will be hosting the Fourth Annual Southwest Criminal Law Conference on September 6-8, 2012, at Boyd.
During the conference, criminal law scholars from across the region will discuss works in progress and exchange ideas for further development of such works. The conference will begin with a dinner on the evening of Thursday, September 6. Participants will workshop papers with assigned commentators in 60 to 90 minute sessions on Friday, September 7, and during the morning of Saturday, September 8. The conference will conclude with a lunch on Saturday.
Past law school conference hosts have included the Universities of Arizona, Colorado, and Irvine/Chapman. Thank you, Anne, for bringing this great event to Boyd.
During the conference, criminal law scholars from across the region will discuss works in progress and exchange ideas for further development of such works. The conference will begin with a dinner on the evening of Thursday, September 6. Participants will workshop papers with assigned commentators in 60 to 90 minute sessions on Friday, September 7, and during the morning of Saturday, September 8. The conference will conclude with a lunch on Saturday.
Past law school conference hosts have included the Universities of Arizona, Colorado, and Irvine/Chapman. Thank you, Anne, for bringing this great event to Boyd.
Thursday, May 10, 2012
Saltman Center Presents "Northern Ireland: The Path from Conflict to Peace"
The Saltman Center for Conflict Resolution at the William S. Boyd School of Law is very pleased to present a Peace in the Desert™ lecture with Ireland's Ambassador to the U.S., Michael Collins.
Ambassador Collins will give the Saltman Center's annual lecture on May 22, 2012, at 7:00 p.m. in Boyd's Thomas & Mack Moot Court Building.
Ambassador Collins has served as Ireland's Ambassador to the United States since Sept. 18, 2007. With a particular focus on supporting Irish business and economic development, Ambassador Collins also has spoken extensively on contemporary Ireland and the Northern Ireland peace process. Ambassador Collins was named "Diplomat of the Year" by the Los Angeles World Affairs Council in May 2008.
Ambassador Collins' lecture on May 22 is free and open to the public. For more information, go here or call (702) 895-2428.
Ambassador Collins will give the Saltman Center's annual lecture on May 22, 2012, at 7:00 p.m. in Boyd's Thomas & Mack Moot Court Building.
Ambassador Collins has served as Ireland's Ambassador to the United States since Sept. 18, 2007. With a particular focus on supporting Irish business and economic development, Ambassador Collins also has spoken extensively on contemporary Ireland and the Northern Ireland peace process. Ambassador Collins was named "Diplomat of the Year" by the Los Angeles World Affairs Council in May 2008.
Ambassador Collins' lecture on May 22 is free and open to the public. For more information, go here or call (702) 895-2428.
Wednesday, May 9, 2012
Boyd Bar Pass Results for February 2012
At 67%, our overall pass rate is the highest ever in Boyd history for a February! And, our first-time takers set a new Boyd School of Law record among our February exam takers: 78% passed! This bests our previous record for first-time takers for a February, which was set in February 2008 of 77%.
Overall Pass Rate:
NV overall pass rate (includes both attorneys and students): 56%. In comparison, in February 2011, the NV overall pass rate was 63%. In July 2011, the overall pass rate was 66%.
Boyd overall pass rate (includes both first-timers and repeaters): 67% (30/45) In comparison, in February 2011, the Boyd overall pass rate was 61%. In July 2011, Boyd's overall pass rate was 81%.
First-time Student Takers:
NV pass rate for first-time takers: 67%. In comparison, in February 2011, the NV pass rate for first-time student takers was 70%. In July 2011, the NV pass rate for first-time takers was 79%.
Boyd pass rate for first-time takers: 78% (21/27) In comparison, in February 2011, Boyd's pass rate for first-time takers was 57%. In July 2011, Boyd's pass rate for first-time takers was 87%.
Repeat Takers:
NV pass rate for repeating student takers: 34%. In comparison, in February 2011, the NV pass rate for repeating student takers was 59%. In July 2011, the NV pass rate for repeating student takers was 26%.
Boyd pass rate for repeating student takers: 50% (8/16). In comparison, in February 2011, Boyd's pass rate for repeating student takers was 63%. In July 2011, Boyd's pass rate for repeating student takers was 50%.
Jennifer Carr, Director of the Academic Success Program
Overall Pass Rate:
NV overall pass rate (includes both attorneys and students): 56%. In comparison, in February 2011, the NV overall pass rate was 63%. In July 2011, the overall pass rate was 66%.
Boyd overall pass rate (includes both first-timers and repeaters): 67% (30/45) In comparison, in February 2011, the Boyd overall pass rate was 61%. In July 2011, Boyd's overall pass rate was 81%.
First-time Student Takers:
NV pass rate for first-time takers: 67%. In comparison, in February 2011, the NV pass rate for first-time student takers was 70%. In July 2011, the NV pass rate for first-time takers was 79%.
Boyd pass rate for first-time takers: 78% (21/27) In comparison, in February 2011, Boyd's pass rate for first-time takers was 57%. In July 2011, Boyd's pass rate for first-time takers was 87%.
Repeat Takers:
NV pass rate for repeating student takers: 34%. In comparison, in February 2011, the NV pass rate for repeating student takers was 59%. In July 2011, the NV pass rate for repeating student takers was 26%.
Boyd pass rate for repeating student takers: 50% (8/16). In comparison, in February 2011, Boyd's pass rate for repeating student takers was 63%. In July 2011, Boyd's pass rate for repeating student takers was 50%.
Jennifer Carr, Director of the Academic Success Program
Thursday, May 3, 2012
Boyd School of Law to Host Internet Gaming Regulation Symposium
The Boyd School of Law is pleased to host the Internet Gaming Regulation Symposium on Friday, May 18, 2012, in UNLV's Thomas & Mack Moot Court Room.
The Symposium, which will address best practices for the regulation of internet gaming, will feature world-renowned speakers and authors who are highly knowledgeable in their respective fields. Each speaker will tackle a category of regulation critical to a well-regulated internet gaming environment, including age and identity verification, location verification, fraud and cheating detection and prevention including anti-collusion, international dispute resolution, technical requirements for systems licensing requirements for operators, service providers and manufacturers, responsible gaming, accounting, audit, reporting and recordkeeping, and more. Boyd's own Professor Marketa Trimble will address the topic of location verification. The paper that forms the basis of Professor Trimble's talk, along with papers written by other Symposium speakers, will be published in book form in fall 2012.
The complete schedule for the Symposium, which has been approved for six CLE credits, is available here. For additional information, including registration, go to http://www.law.unlv.edu/GamingRegulation2012.
The Symposium, which will address best practices for the regulation of internet gaming, will feature world-renowned speakers and authors who are highly knowledgeable in their respective fields. Each speaker will tackle a category of regulation critical to a well-regulated internet gaming environment, including age and identity verification, location verification, fraud and cheating detection and prevention including anti-collusion, international dispute resolution, technical requirements for systems licensing requirements for operators, service providers and manufacturers, responsible gaming, accounting, audit, reporting and recordkeeping, and more. Boyd's own Professor Marketa Trimble will address the topic of location verification. The paper that forms the basis of Professor Trimble's talk, along with papers written by other Symposium speakers, will be published in book form in fall 2012.
The complete schedule for the Symposium, which has been approved for six CLE credits, is available here. For additional information, including registration, go to http://www.law.unlv.edu/GamingRegulation2012.
Wednesday, May 2, 2012
Professor Rapoport Assumes Two New ABI Leadership Positions
The Boyd School of Law is very pleased to announce two American Bankruptcy Institute (ABI) leadership positions recently assumed by Nancy Rapoport, Gordon Silver Professor of Law.
At the 30th annual spring meeting of the ABI held in Washington, D.C. on April 19-22, Professor Rapoport was named to the Institute's 17-member Executive Committee. In addition, the ABI recently requested Professor Rapoport to serve as a member of the Advisory Committee on Governance of the ABI's Commission to Study the Reform of Chapter 11 (Commission). The Commission has been charged with studying and making recommendations to Congress regarding Chapter 11 bankruptcy reform.
Congratulations, Nancy!
At the 30th annual spring meeting of the ABI held in Washington, D.C. on April 19-22, Professor Rapoport was named to the Institute's 17-member Executive Committee. In addition, the ABI recently requested Professor Rapoport to serve as a member of the Advisory Committee on Governance of the ABI's Commission to Study the Reform of Chapter 11 (Commission). The Commission has been charged with studying and making recommendations to Congress regarding Chapter 11 bankruptcy reform.
Congratulations, Nancy!
Labels:
Bankruptcy Law,
Boyd Faculty,
Professor Rapoport
Professor Cammett's Latest Article to Be Published in the Penn State Law Review
The Boyd School of Law is very pleased to announce that Professor Ann Cammett's latest article (Shadow Citizens: Felony Disenfranchisement and the Criminalization of Debt) will be published in Volume 117 of the Penn State Law Review.
The abstract for Shadow Citizens provides: "In the United States an estimated 5.3 million people are ineligible to vote because they have a criminal conviction. This practice of disenfranchising ex-felons has long been challenged as generally antidemocratic and disproportionately harmful to communities of color. These critiques, in part, have led to the liberalization of state disenfranchisement laws in order to expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons are faced with an increasingly difficult path to regaining the franchise. This article advances a claim with far reaching implications: that mounting criminal justice-related debt serves as an often insurmountable obstacle to the resumption of voting rights for ex-felons, rendering them "shadow citizens." The article shows that economic obstacles to reenfranchisement manifest from corecurring aspects of subordination. One aspect of this paradigm arises from informal, often invisible, barriers to the resumption of social citizenship: persistent race and class stigma, collateral civil consequences, onerous reenfranchisement processes, and finally mounting "carceral debt" stemming from criminal justice involvement. Second, informal barriers are further exacerbated by a disturbing trajectory in reenfranchisement law that has gone virtually unnoticed. States, with the imprimatur of the courts, have recently begun to formally condition the restoration of voting rights on full payment of fines, restitution, court costs, and even unrelated debt such as child support. This practice of "back door" disenfranchisement hinders the resumption of voting rights after a conviction, even when state disenfranchisement schemes no longer serve that purpose. As I demonstrate, it also clearly has a differential impact on the poor. If only those who can pay their debts can regain the fundamental right to vote, those who cannot pay will remain perpetually disenfranchised, unleashing a host of constitutional questions. Moreover, as it applies to ex-felons, these laws are routinely upheld as rationally related to legitimate state interests under an extremely deferential constitutional standard—a relic of felony disenfranchisement jurisprudence that, I argue, should be reconsidered given the crisis of diminished democratic participation."
The article's full citation is: Ann Cammett, Shadow Citizens: Felony Disenfranchisement and the Criminalization of Debt, 117 Penn St. L. Rev __ (forthcoming 2012). Congratulations, Ann!
The abstract for Shadow Citizens provides: "In the United States an estimated 5.3 million people are ineligible to vote because they have a criminal conviction. This practice of disenfranchising ex-felons has long been challenged as generally antidemocratic and disproportionately harmful to communities of color. These critiques, in part, have led to the liberalization of state disenfranchisement laws in order to expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons are faced with an increasingly difficult path to regaining the franchise. This article advances a claim with far reaching implications: that mounting criminal justice-related debt serves as an often insurmountable obstacle to the resumption of voting rights for ex-felons, rendering them "shadow citizens." The article shows that economic obstacles to reenfranchisement manifest from corecurring aspects of subordination. One aspect of this paradigm arises from informal, often invisible, barriers to the resumption of social citizenship: persistent race and class stigma, collateral civil consequences, onerous reenfranchisement processes, and finally mounting "carceral debt" stemming from criminal justice involvement. Second, informal barriers are further exacerbated by a disturbing trajectory in reenfranchisement law that has gone virtually unnoticed. States, with the imprimatur of the courts, have recently begun to formally condition the restoration of voting rights on full payment of fines, restitution, court costs, and even unrelated debt such as child support. This practice of "back door" disenfranchisement hinders the resumption of voting rights after a conviction, even when state disenfranchisement schemes no longer serve that purpose. As I demonstrate, it also clearly has a differential impact on the poor. If only those who can pay their debts can regain the fundamental right to vote, those who cannot pay will remain perpetually disenfranchised, unleashing a host of constitutional questions. Moreover, as it applies to ex-felons, these laws are routinely upheld as rationally related to legitimate state interests under an extremely deferential constitutional standard—a relic of felony disenfranchisement jurisprudence that, I argue, should be reconsidered given the crisis of diminished democratic participation."
The article's full citation is: Ann Cammett, Shadow Citizens: Felony Disenfranchisement and the Criminalization of Debt, 117 Penn St. L. Rev __ (forthcoming 2012). Congratulations, Ann!
Professor Trimble's Article Published in the Fordham Intellectual Property, Media and Entertainment Law Journal
Congratulations to Professor Marketa Trimble on the recent publication of her article (The Future of Cybertravel: Legal Implications of the Evasion of Geolocation) in the Fordham Intellectual Property, Media and Entertainment Law Journal. The abstract for The Future of Cybertravel provides:
"Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on an Internet activity that is designed to bypass the territorial partitioning of cyberspace and render any partitioning attempts ineffective. The activity—cybertravel, or the evasion of geolocation—permits users to access content on the Internet that is normally not available when they connect to the Internet from their geographical location. By utilizing an Internet protocol address that does not correspond to their physical location, but to a location from which access to the content is permitted, users can view or use content that is otherwise unavailable to them. Although cybertravel is not novel (some cybertravel tools have been available for a number of years), recently the tools allowing it have proliferated and become sufficiently user-friendly to allow even average Internet users to utilize them. Indeed, there is an increasing interest in cybertravel among the general Internet public as more and more website operators employ geolocation tools to limit access to content on their websites from certain countries or regions.
"This article analyzes the current legal status of cybertravel and explores how the law may treat cybertravel in the future. The analysis of the current legal framework covers copyright as well as other legal doctrines and the laws of multiple countries, with a special emphasis on U.S. law. The future of the legal status of cybertravel will be strongly affected by the desire of countries and many Internet actors to erect borders on the Internet to facilitate compliance with territorially-defined regulation and enjoy the advantages of a territorially-partitioned cyberspace. This article makes an attempt to identify arguments for making or keeping certain types of cybertravel legal, and suggests legal, technical, and business solutions for any cybertravel that may be permitted."
"Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on an Internet activity that is designed to bypass the territorial partitioning of cyberspace and render any partitioning attempts ineffective. The activity—cybertravel, or the evasion of geolocation—permits users to access content on the Internet that is normally not available when they connect to the Internet from their geographical location. By utilizing an Internet protocol address that does not correspond to their physical location, but to a location from which access to the content is permitted, users can view or use content that is otherwise unavailable to them. Although cybertravel is not novel (some cybertravel tools have been available for a number of years), recently the tools allowing it have proliferated and become sufficiently user-friendly to allow even average Internet users to utilize them. Indeed, there is an increasing interest in cybertravel among the general Internet public as more and more website operators employ geolocation tools to limit access to content on their websites from certain countries or regions.
"This article analyzes the current legal status of cybertravel and explores how the law may treat cybertravel in the future. The analysis of the current legal framework covers copyright as well as other legal doctrines and the laws of multiple countries, with a special emphasis on U.S. law. The future of the legal status of cybertravel will be strongly affected by the desire of countries and many Internet actors to erect borders on the Internet to facilitate compliance with territorially-defined regulation and enjoy the advantages of a territorially-partitioned cyberspace. This article makes an attempt to identify arguments for making or keeping certain types of cybertravel legal, and suggests legal, technical, and business solutions for any cybertravel that may be permitted."
The Future of Cybertravel: Legal Implications of the Evasion of Geolocation is available for download from UNLV's Scholarly Commons and SSRN. Congratulations, Marketa!
Tuesday, May 1, 2012
Road Scholars (May 2012)
The Boyd School of Law is pleased to release the May 2012 edition of Road Scholars.
Road Scholars provides monthly information about the speaking engagements and conference participation of Boyd faculty members. During May 2012, Boyd faculty members will attend conferences and give invited talks, guest lectures, and panel presentations in Albuquerque, NM, Boston, MA, Chicago, IL, Hempstead, NY, Houston, TX, Los Angeles, CA, New York City, NY, Palm Desert, CA, Springfield, VA, and Washington, DC.
The archives of Road Scholars may be accessed here.
Road Scholars provides monthly information about the speaking engagements and conference participation of Boyd faculty members. During May 2012, Boyd faculty members will attend conferences and give invited talks, guest lectures, and panel presentations in Albuquerque, NM, Boston, MA, Chicago, IL, Hempstead, NY, Houston, TX, Los Angeles, CA, New York City, NY, Palm Desert, CA, Springfield, VA, and Washington, DC.
The archives of Road Scholars may be accessed here.
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