Meaning, Biology and Identity: The Rights of Children

Sperm and egg donation in the United States is only loosely regulated, and the current regime privileges the anonymity of the adult donor over the child’s right to identity. The majority of people conceived through anonymous donation do not support the practice but find their rights abrogated by contracts made by their intentional and biological parents. Donor reliance on the anonymity guaranteed by those contracts is shifting as at-home genetic testing limits their expectation of privacy, with more biological ties being discovered by children conceived through gamete donation. This Comment explores the child’s right to identity in family law cases, examines alternate regimes of gamete donation, and argues that as donor reliance on anonymity erodes, the child’s liberty interest in the right to identity outweighs the donor’s contractual interest in anonymity

Website Proprietorship and Online Harassment

Although harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information can aggravate the nature of harassment on the Internet. Furthermore, section 230 of the Communications Decency Act provides Web site sponsors with immunity for content posted by others and no incentive to remove offending content. Given the unique nature of online harassment, ex post punitive measures are inadequate to redress grievances. In this Article, I propose the imposition of proprietorship liability upon Web site sponsors who fail to adopt reasonable measures to prevent foreseeable harm, such as online harassment. I also introduce several proposals to deter online harassment that would qualify as reasonable measures. These proposals incorporate contractual and architectural restraints, limits on anonymity, and restrictions on posting certain types of digital images

Website Proprietorship and Online Harassment

Although harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information can aggravate the nature of harassment on the Internet. Furthermore, section 230 of the Communications Decency Act provides Web site sponsors with immunity for content posted by others and no incentive to remove offending content. Given the unique nature of online harassment, ex post punitive measures are inadequate to redress grievances. In this Article, I propose the imposition of proprietorship liability upon Web site sponsors who fail to adopt reasonable measures to prevent foreseeable harm, such as online harassment. I also introduce several proposals to deter online harassment that would qualify as reasonable measures. These proposals incorporate contractual and architectural restraints, limits on anonymity, and restrictions on posting certain types of digital images

Academic Freedom of Part-Time Faculty

Everyone assumes that part-time faculty should enjoy a full measure of academic freedom. The American Association of University Professors (AAUP) has consistently argued for it. Martin Michaelson\u27s draft Academic Freedom Policy and Procedures, a touchstone for this symposium, accords academic freedom through contract to full-time and part-time faculty without distinction. A recent article in the Chronicle of Higher Education raised the alarm that To Many Adjunct Professors, Academic Freedom Is a Myth; nowhere did it question the normative claim that an adjunct should enjoy complete academic freedom

Dovetail: Stronger Anonymity in Next-Generation Internet Routing

Current low-latency anonymity systems use complex overlay networks to conceal a user's IP address, introducing significant latency and network efficiency penalties compared to normal Internet usage. Rather than obfuscating network identity through higher level protocols, we propose a more direct solution: a routing protocol that allows communication without exposing network identity, providing a strong foundation for Internet privacy, while allowing identity to be defined in those higher level protocols where it adds value. Given current research initiatives advocating "clean slate" Internet designs, an opportunity exists to design an internetwork layer routing protocol that decouples identity from network location and thereby simplifies the anonymity problem. Recently, Hsiao et al. proposed such a protocol (LAP), but it does not protect the user against a local eavesdropper or an untrusted ISP, which will not be acceptable for many users. Thus, we propose Dovetail, a next-generation Internet routing protocol that provides anonymity against an active attacker located at any single point within the network, including the user's ISP. A major design challenge is to provide this protection without including an application-layer proxy in data transmission. We address this challenge in path construction by using a matchmaker node (an end host) to overlap two path segments at a dovetail node (a router). The dovetail then trims away part of the path so that data transmission bypasses the matchmaker. Additional design features include the choice of many different paths through the network and the joining of path segments without requiring a trusted third party. We develop a systematic mechanism to measure the topological anonymity of our designs, and we demonstrate the privacy and efficiency of our proposal by simulation, using a model of the complete Internet at the AS-level

Completing contracts ex post: How car manufacturers manage car dealers

This article illustrates how contracts are completed ex post in practice and, in so doing, indirectly suggests what the real function of contracts may be. Our evidence comes from the contracts between automobile manufacturers and their dealers in 23 dealership networks in Spain. Franchising dominates automobile distribution because of the need to decentralize pricing and control of service decisions. It motivates local managers to undertake these activities at minimum cost for the manufacturer. However, it creates incentive conflicts, both between manufacturers and dealers and among dealers themselves, concerning the level of sales and service provided. It also holds potential for expropriation of specific investments. Contracts deal with these conflicts by restricting dealers’ decision rights and granting manufacturers extensive completion, monitoring and enforcement powers. The main mechanism that may prevent abuse of these powers is the manufacturers’ reputational capital.Franchising, incomplete contracts, self-enforcement, automobile