Law Commons^™

Do Not Touch My Data: Exploring A Disclosure-Based Framework To Address Data Access, Francis Morency

Washington and Lee Journal of Civil Rights and Social Justice

Companies have too much control over people’s information. In the data marketplace, companies package and sell individuals’ data, and these individuals have little to no bargaining power over the process. Companies may freely buy and sell people’s data in the private sector for targeted marketing and behavior manipulation. In the justice system, an unchecked data marketplace leaves black and brown communities vulnerable to serious data access issues caused by predictive sentencing, for example. Risk assessment algorithms in predictive sentencing rely on data on individuals and run all relevant data points to provide the likelihood that a defendant will recidivate low …

Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll

Washington and Lee Journal of Civil Rights and Social Justice

The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the internet context. This Note evaluates …

Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the patenting of geoengineering technologies and issues arising from the early stages of this high-risk, high-reward technology. This Note focuses on one possible solution to solving the issues surrounding the patenting of geoengineering technology: Creating a specialized compulsory licensing scheme.

Technology’S Influence On Federal Sentencing: Past, Present, And Future, Matthew G. Rowland

Washington and Lee Journal of Civil Rights and Social Justice

The comprehensive reforms that govern today’s federal sentencing processes were fashioned nearly forty years ago. Those reforms were designed to address concerns regarding the effectiveness, transparency, and fairness of the preexisting indeterminant sentencing system. Today, criticisms are mounting against the very reforms that were once held out to save the sentencing process. The more determinant system is being accused of being biased against minorities, overly harsh, and costly.

This Article explores how the criminal justice system might look to technology and build on the practical experience from the indeterminant and determinant systems. Tools such as Artificial Intelligence (AI) can help …

Healthtech: How Blockchain Can Simplify Healthcare Compliance, Kathryn M. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

This Note broadly explores solutions to modern-day accessibility and security problems latent in electronic health records. Specifically, this Note discusses HIPAA and HITECH, the current law in place, and how blockchain technology can be used to fix the accessibility and security problems of current electronic health records. This Note proposes that blockchain technology can help a healthcare industry struggling to adhere to the current rule of law in an era of Big Data. Further, Blockchain technology can help individual consumers, particularly those with significant health issues, obtain the best possible medical care while simultaneously keeping their private and sensitive information …

Race[,] Science, History, And Law, David S. Caudill

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.