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State, Local, And Regional Issues In Cybersecurity: Symposium Introduction, Gus Hurwitz
State, Local, And Regional Issues In Cybersecurity: Symposium Introduction, Gus Hurwitz
Articles
Cybersecurity is one of the more difficult and urgent issues of the day. It is an issue that touches almost every aspect of modern life. Recent years have seen major cybersecurity incidents affect national security, our political process, major government institutions, companies of every size throughout our economy, critical infrastructure, banking, consumer electronics, and, of course, consumers themselves. Examples of each of these feature so prominently in the news that they barely need citation: OPM, Sony, Target, concerns about the 2016 election, disclosure of NSA hacking tools, attacks on the banking sector’s SWIFT network, ransomware attacks against hospitals, DDoS attacks …
Educating The Disadvantaged: Two Models, Amy Wax
Cyberensuring Security, Gus Hurwitz
Cyberensuring Security, Gus Hurwitz
Articles
Cybersecurity is one of the most pressing and legally difficult issues facing this country today. It touches every aspect of modern political and social life, the economy, and national security. From the OPM and IRS breaches, to the Sony hack, to attacks on hospitals and health insurers, to attacks on domestic and international infrastructure, to domestic and international surveillance, cybersecurity concerns are omnipresent. For technical, legal, and practical, reasons, they also have proven extremely difficult to address. This Article draws from the economic literatures on strict liability and insurance to argue that cyber incidents generally, and data breaches specifically, should …
Restoring Democratic Moral Judgment Within Bureaucratic Criminal Justice, Stephanos Bibas
Restoring Democratic Moral Judgment Within Bureaucratic Criminal Justice, Stephanos Bibas
Articles
While America's criminal justice system is deeply rooted in the ideal of a popular morality play, it has long since drifted into becoming a bureaucratic plea bargaining machine. We cannot (and would not want to) return to the Colonial Era. Even so, there is much more we can do to reclaim our heritage and incorporate popular participation within our lawyer-run system. That requires pushing back against the relentless pressures toward efficiency and maximizing quantity, to ensure that criminal justice treats each criminal with justice, as a human and not just a number. The criminal justice system must narrow its ambitions …
Using Root Cause Analysis To Study Prosecutorial Error: A Collaboration Between The Montgomery County (Pennsylvania) District Attorney’S Office And The Quattrone Center For The Fair Administration Of Justice, Steven E. Raper, Lee A. Fleisher, David L. Mayer, Risa V. Ferman, Eric H. Steele, Kevin Steele, John Hollway
Using Root Cause Analysis To Study Prosecutorial Error: A Collaboration Between The Montgomery County (Pennsylvania) District Attorney’S Office And The Quattrone Center For The Fair Administration Of Justice, Steven E. Raper, Lee A. Fleisher, David L. Mayer, Risa V. Ferman, Eric H. Steele, Kevin Steele, John Hollway
Articles
No abstract provided.
Encryption Congress Mod (Apple + Calea), Gus Hurwitz
Encryption Congress Mod (Apple + Calea), Gus Hurwitz
Articles
We are in the midst of the latest iteration of the “crypto wars.” These conflicts, nominally waged between proponents of strong encryption technologies on the one hand and law enforcement and national security interests on the other, are the natural result of increased availability and use of strong encryption throughout the communications ecosystem. Strong encryption makes it difficult, in some cases effectively impossible, for the government to obtain information from individuals – even in cases where it has lawful basis for demanding and legitimate need to obtain access to that information. The availability of a technology that effectively moots the …
Extra-Judicial Conferences In Child Welfare Cases: Reassessing Their Role And Implications For Policy And Practice, Kara Finck
Articles
Child welfare agencies increasingly utilize family team decision-making conferences in cases where there is a pending child protection matter in family court. The simultaneous proceedings present critical questions for all practitioners and judges about the relationship between the court and the agency, and implications for the rights of parents and children. This article discusses the critical tensions raised when the agency pursues extra-judicial conferences in the absence of coordination with and recognition of the court process, including expectations of confidentiality, the role of attorneys in conferences and the perception of fairness in both forums.
Beyond The Bully Pulpit: Presidential Speech In The Courts, Katherine Shaw
Beyond The Bully Pulpit: Presidential Speech In The Courts, Katherine Shaw
Articles
The president’s words play a unique role in American public life. No other figure speaks with the reach, range, or authority of the president. The president speaks to the entire population; about the full range of domestic and international issues we collectively confront; and on behalf of the country to the rest of the world. Speech is also a key tool of presidential governance: for at least a century, presidents have used the bully pulpit to augment their existing constitutional and statutory authorities. But what sort of impact, if any, should presidential speech have in court, if that speech is …
A Robust Defense: The Critical Components For A Reimagined Family Defense Practice, Kara Finck
A Robust Defense: The Critical Components For A Reimagined Family Defense Practice, Kara Finck
Articles
No abstract provided.