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Swatting Political Discourse: A Domestic Terrorism Threat, Matthew James Enzweiler
Swatting Political Discourse: A Domestic Terrorism Threat, Matthew James Enzweiler
Notre Dame Law Review
This Note will attempt to address the question of whether or not incidents of swatting aimed at contrary political ideals meet the characterization of domestic terrorism in the post–9/11 era. In particular, there will be consideration of the extent to which treatment of political swatting as domestic terrorism is consistent with the maintenance of the delicate balance between public safety concerns and protection of the constitutional values of free speech and free expression. This Note will proceed in four parts. Part I will examine the growth of telecommunication manipulation practices from products of curiosity to an alarming means of intimidation …
Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach
Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach
Notre Dame Law Review
This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment, development, and operations …