Legal Challenges of Online Reputation Systems

2011 ◽  
pp. 84-111 ◽  
Author(s):  
Jennifer Chandler ◽  
Khalil el-Khatib ◽  
Morad Benyoucef ◽  
Gregor Von Bochmann ◽  
Carlisle Adams
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Other ◽  
Reputation Systems ◽  
Online Interactions ◽  
Canadian Law ◽  
Legal Challenges ◽  
Online Reputation

Online reputation systems have become important tools for supporting commercial as well as noncommercial online interactions. But as online users become more and more reliant on these systems, the question of whether the operators of online reputation systems may be legally liable for problems with these systems becomes both interesting and important. Indeed, lawsuits against the operators of online reputation systems have already emerged in the United States regarding errors in the information provided by such systems. In this chapter, we will take the example of eBay’s Feedback Forum to review the potential legal liabilities facing the operators of online reputation systems. In particular, the applicability of the Canadian law of negligent misrepresentation and of defamation will be covered. Similar issues may be expected to arise in the other common law jurisdictions

Erie v. Tompkins and the Relationship Between Federal and State Courts

1942 ◽  
Vol 36 (5) ◽  
pp. 885-895
Author(s):  
Kenneth C. Cole
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
State Courts ◽  
Federal System ◽  
The Relationship

Erie v. Tompkins evidences decentralizing trends in our federal system in two different ways—one fairly obvious and relatively orthodox; the other neither obvious nor orthodox, but probably the more significant. The first aspect may be touched upon very briefly and the ramifications of the second explored more fully.The obvious side of Erie v. Tompkins lies in its rejection of a common law of the United States available for application by the federal courts in diversity cases. This conception was given expression by Story in Swift v. Tyson, and has been followed in many, if not most, of the succeeding cases building upon and expanding Story's doctrine.

Compelling Medical Examinations of Litigants: A Comparative Analysis

1986 ◽  
Vol 21 (2) ◽  
pp. 142-164
Author(s):  
Stephen Goldstein
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Other ◽  
Bodily Integrity ◽  
The One ◽  
The Right ◽  
Medical Examinations

Compelling litigants to undergo medical examinations or tests raises a very clear problem of conflicting values. On the one hand, compelling any person to undergo a physical examination or test against his will is a clear impingement on his rights of liberty, privacy and bodily integrity. On the other hand, there are situations in which without such examinations or tests of a civil litigant the right of his adversary to fair and properly conducted litigation would be frustrated.In this article, we will discuss how four different legal systems have attempted to balance these conflicting rights in their development of rules concerning such medical examinations. We will discuss rather fully three systems that are viewed as following common law procedure – namely, those of England, the United States and Israel – and compare them with that of Italy, as an example of the Romanist civil law countries.

The Legal Challenges of Religious Polygamy in the USA

2008 ◽  
Vol 11 (1) ◽  
pp. 72-75
Author(s):  
John Witte
Keyword(s):  
United States ◽  
First Amendment ◽  
Common Law ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Legal Challenges ◽  
The Usa ◽  
The Common ◽  
Mormon Church

A century and a half ago, Mormons made national headlines by claiming a First Amendment right to practise polygamy, despite criminal laws against it. In four cases, from 1879 to 1890, the United States Supreme Court firmly rejected their claim, and threatened to dissolve the Mormon church if they persisted. Part of the Court's argument was historical: the common law has always defined marriage as monogamous, and to change those rules ‘would be a return to barbarism’. Part of the argument was prudential: religious liberty can never become a licence to violate general criminal laws ‘lest chaos ensue’. And part of the argument was sociological: monogamous marriage ‘is the cornerstone of civilization’, and it cannot be moved without upending our whole culture. These old cases are still the law of the land and most Mormons renounced polygamy after 1890.

Working With Interpreters to Support Students Who Are English Language Learners

2016 ◽  
Vol 1 (16) ◽  
pp. 15-27 ◽  
Author(s):  
Henriette W. Langdon ◽  
Terry Irvine Saenz
Keyword(s):  
United States ◽  
English Language Learners ◽  
Language Learners ◽  
English Language ◽  
First Language ◽  
The United States ◽  
The Other ◽  
Primary Language ◽  
Second Best ◽  
Support Students

The number of English Language Learners (ELL) is increasing in all regions of the United States. Although the majority (71%) speak Spanish as their first language, the other 29% may speak one of as many as 100 or more different languages. In spite of an increasing number of speech-language pathologists (SLPs) who can provide bilingual services, the likelihood of a match between a given student's primary language and an SLP's is rather minimal. The second best option is to work with a trained language interpreter in the student's language. However, very frequently, this interpreter may be bilingual but not trained to do the job.

Armed Violence in the Ideology of Contemporary Islamic Fundamentalism - Study models

2019 ◽  
Vol 2 (4) ◽  
pp. 237
Author(s):  
Laith Mzahim Khudair Kazem
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Islamic Fundamentalism ◽  
Islamic Movements ◽  
Important Means ◽  
Armed Violence ◽  
Goals And Objectives ◽  
At Home

The armed violence of many radical Islamic movements is one of the most important means to achieve the goals and objectives of these movements. These movements have legitimized and legitimized these violent practices and constructed justification ideologies in order to justify their use for them both at home against governments or against the other Religiously, intellectually and even culturally, or abroad against countries that call them the term "unbelievers", especially the United States of America.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Can India Balance China in Asia?

2017 ◽  
Author(s):  
Jonathan Holslag
Keyword(s):  
United States ◽  
Central Asia ◽  
Economic Reforms ◽  
The United States ◽  
The Other ◽  
Military Power ◽  
Regional Power ◽  
Political Fragmentation ◽  
Strong Interest ◽  
The One

The chapter argues that India has a strong interest to balance China and that the two Asian giants will not be able grow together without conflict. However, India will not be able to balance China’s rise. The chapter argues that India remains stuck between nonalignment and nonperformance. On the one hand, it resists the prospect of a new coalition that balances China from the maritime fringes of Eurasia, especially if that coalition is led by the United States. On the other hand, it has failed to strengthen its own capabilities. Its military power lags behind China’s, its efforts to reach out to both East and Central Asia have ended in disappointment, and its economic reforms have gone nowhere. As a result of that economic underachievement, India finds itself also torn between emotional nationalism and paralyzing political fragmentation, which, in turn, will further complicate its role as a regional power.

The Proximity of Other Skins

2019 ◽  
Author(s):  
Celine Parreñas Shimizu
Keyword(s):  
United States ◽  
South Korea ◽  
The United States ◽  
The Philippines ◽  
The Other ◽  
The West ◽  
Pain And Suffering ◽  
The Spectator ◽  
Existing Frames ◽  
The Voice

Transnational films representing intimacy and inequality disrupt and disgust Western spectators. When wounded bodies within poverty entangle with healthy wealthy bodies in sex, romance and care, fear and hatred combine with desire and fetishism. Works from the Philippines, South Korea, and independents from the United States and France may not be made for the West and may not make use of Hollywood traditions. Rather, they demand recognition for the knowledge they produce beyond our existing frames. They challenge us to go beyond passive consumption, or introspection of ourselves as spectators, for they represent new ways of world-making we cannot unsee, unhear, or unfeel. The spectator is redirected to go beyond the rapture of consuming the other to the rupture that arises from witnessing pain and suffering. Self-displacement is what proximity to intimate inequality in cinema ultimately compels and demands so as to establish an ethical way of relating to others. In undoing the spectator, the voice of the transnational filmmaker emerges. Not only do we need to listen to filmmakers from outside Hollywood who unflinchingly engage the inexpressibility of difference, we need to make room for critics and theorists who prioritize the subjectivities of others. When the demographics of filmmakers and film scholars are not as diverse as its spectators, films narrow our worldviews. To recognize our culpability in the denigration of others unleashes the power of cinema. The unbearability of stories we don’t want to watch and don’t want to feel must be borne.

Fiduciary Principles in Contemporary Common Law Systems

2019 ◽  
pp. 564-582
Author(s):  
Matthew Conaglen
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Standards Of Care ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Similarities And Differences ◽  
Fiduciary Relationships

This chapter examines the principles of fiduciary doctrine that are found in contemporary common law systems. More specifically, it considers the current similarities and differences between various jurisdictions such as England, Australia, Canada, and the United States. The similarities focus on the duties of loyalty, care and skill, and good faith, as well as when fiduciary duties arise and the kinds of interests that are protected by recognition of fiduciary relationships. The chapter also discusses the issue of differences between various jurisdictions with regard to the duty of care and skill before concluding with an analysis of differences between remedies that are made available in the various contemporary common law jurisdictions when a breach of fiduciary duty arises. It shows that the regulation of fiduciaries appears to be reasonably consistent across common law jurisdictions and across various types of actors, even as such actors are expected to meet differing standards of care. Statute plays a key role in the regulation of various kinds of fiduciary actors, especially corporate directors.

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