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Full-Text Articles in Law

The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego Jun 2018

The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part ...


Reconstructing The Right Against Excessive Force, Avidan Y. Cover Feb 2018

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


Reconstructing The Right Against Excessive Force, Avidan Y. Cover Feb 2018

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor Nov 2017

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach ...


Terrorist Advocacy And Exceptional Circumstances, David S. Han Nov 2017

Terrorist Advocacy And Exceptional Circumstances, David S. Han

Fordham Law Review

This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance ...


Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan Jul 2017

Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan

University of Arkansas at Little Rock Law Review

No abstract provided.


Advising Family Businesses In The Twenty-First Century: An Introduction To Stage 4 Planning™ Strategies, Scott E. Friedman, Andrea H. Husvar, Eliza P. Friedman May 2017

Advising Family Businesses In The Twenty-First Century: An Introduction To Stage 4 Planning™ Strategies, Scott E. Friedman, Andrea H. Husvar, Eliza P. Friedman

Buffalo Law Review

No abstract provided.


Privacy Law That Does Not Protect Privacy, Forgetting The Right To Be Forgotten, Mckay Cunningham May 2017

Privacy Law That Does Not Protect Privacy, Forgetting The Right To Be Forgotten, Mckay Cunningham

Buffalo Law Review

No abstract provided.


Interpreting The Constitution’S Elegant Specificities, Steven Semeraro May 2017

Interpreting The Constitution’S Elegant Specificities, Steven Semeraro

Buffalo Law Review

No abstract provided.


Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld May 2017

Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld

Buffalo Law Review

No abstract provided.


Citizen Science: The Law And Ethics Of Public Access To Medical Big Data, Sharona Hoffman May 2016

Citizen Science: The Law And Ethics Of Public Access To Medical Big Data, Sharona Hoffman

Berkeley Technology Law Journal

Patient-related medical information is becoming increasingly available on the Internet, spurred by government open data policies and private sector data sharing initiatives. Websites such as HealthData.gov, GenBank, and PatientsLikeMe allow members of the public to access a wealth of health information. As the medical information terrain quickly changes, the legal system must not lag behind. This Article provides a base on which to build a coherent health data policy. It canvasses emergent data troves and wrestles with their legal and ethical ramifications. Publicly accessible medical data have the potential to yield numerous benefits, including scientific discoveries, cost savings, new ...


Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter May 2016

Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter

Berkeley Technology Law Journal

As courts, libraries, and archives move to make court records available online, the increased ease of public access raises concerns about privacy. Little work has been done, however, to study how often sensitive information appears in court records and the context in which it appears. This Article fills this gap by analyzing a large corpus of briefs and appendices submitted to the North Carolina Supreme Court from 1984 to 2000. Based on a survey of privacy laws and privacy scholarship, we created a taxonomy of 140 types of sensitive information, grouped into thirteen categories. We then coded a stratified random ...


Towares A Modern Approach To Privacy-Aware Government Data Releases, Micah Altman, Alexandra Wood, David R. O'Brien, Salil Vadhan May 2016

Towares A Modern Approach To Privacy-Aware Government Data Releases, Micah Altman, Alexandra Wood, David R. O'Brien, Salil Vadhan

Berkeley Technology Law Journal

Governments are under increasing pressure to publicly release collected data in order to promote transparency, accountability, and innovation. Because much of the data they release pertains to individuals, agencies rely on various standards and interventions to protect privacy interests while supporting a range of beneficial uses of the data. However, there are growing concerns among privacy scholars, policymakers, and the public that these approaches are incomplete, inconsistent, and difficult to navigate. To identify gaps in current practice, this Article reviews data released in response to freedom of information and Privacy Act requests, traditional public and vital records, official statistics, and ...


Open Data, Privacy, And Fair Information Principles: Towards A Balancing Framework, Frederik Zuiderveen Borgesius, Jonathan Gray, Mireille Van Eechoud May 2016

Open Data, Privacy, And Fair Information Principles: Towards A Balancing Framework, Frederik Zuiderveen Borgesius, Jonathan Gray, Mireille Van Eechoud

Berkeley Technology Law Journal

Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing government data that contain personal information may threaten privacy and related rights and interests. In this Article we ask how these privacy interests can be respected, without unduly hampering benefits from disclosing public sector information. We propose a balancing framework to help public authorities address this question in different contexts. The framework takes into account different levels of privacy risks for ...


Public Health As A Model For Cybersecurity Information Sharing, Elaine M. Sedenberg, Deirdre K. Mulligan May 2016

Public Health As A Model For Cybersecurity Information Sharing, Elaine M. Sedenberg, Deirdre K. Mulligan

Berkeley Technology Law Journal

Policy proposals often feature information sharing as a means to improve cybersecurity, but lack specificity connecting these activities to specific goals intended to advance the state of cybersecurity. We use the Doctrine of Cybersecurity as a lens to examine existing information sharing efforts and evaluate the utility of information sharing proposals. Leaning on the analogous public good-oriented field of public health, we extract insights on how these information policies and practices evolved to promote goals while actively mediating among values. Based on our review of specific public health information sharing systems, we derive a set of four principles—expert and ...


Full Issue, Berkeley Technology Law Journal May 2016

Full Issue, Berkeley Technology Law Journal

Berkeley Technology Law Journal

Berkeley Technology Law Journal Volume 30 Issue 3


Push, Pull, And Spill: A Transdisciplinary Case Study In Municipal Open Government, Jan Whittington, Ryan Calo, Mike Simon, Jesse Woo May 2016

Push, Pull, And Spill: A Transdisciplinary Case Study In Municipal Open Government, Jan Whittington, Ryan Calo, Mike Simon, Jesse Woo

Berkeley Technology Law Journal

Municipal open data raises hopes and concerns. The activities of cities produce a wide array of data, data that is vastly enriched by ubiquitous computing. Municipal data is opened as it is pushed to, pulled by, and spilled to the public through online portals, requests for public records, and releases by cities and their vendors, contractors, and partners. By opening data, cities hope to raise public trust and prompt innovation. Municipal data, however, is often about the people who live, work, and travel in the city. By opening data, cities raise concern for privacy and social justice. This article presents ...


Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher Apr 2016

Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher

Buffalo Human Rights Law Review

No abstract provided.


Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay Mar 2016

Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay

Fordham Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court created a two-step test governing the extraterritorial reach of all federal statutes, radically altering the application of U.S. laws. Nowhere has this decision caused more upheaval than in the context of analyzing claims under the Racketeering Influenced and Corrupt Organizations Act (RICO). While courts widely agree that RICO does not apply extraterritorially, courts vehemently disagree about the proper standard to determine when a RICO case is appropriately domestic or impermissibly foreign. This Note explores RICO’s origins, its legislative history, and the evolution of its extraterritorial application in Morrison ...


Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D. Jul 2015

Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D.

Akron Law Review

This Note examines the Ohio Supreme Court’s reasoning in Morgan and the legal obligations of the psychotherapist. Section II delineates the background in this area of the law. Section III presents the statement of the case. Finally, Section IV analyzes the Court’s decision. Essentially, the questions to be discussed are (1) whether a duty is owed; (2) if so, to whom that duty is owed; (3) how to discharge that duty; (4) what is the applicable standard of care; and (5) why is it fair (or not) to hold the psychotherapist responsible for consequences that only indirectly affect ...


Sooner Lawyer, Fall 2014 Jan 2014

Sooner Lawyer, Fall 2014

Sooner Lawyer Archive

No abstract provided.


From The Dean, Joseph Harroz Jr. Jan 2014

From The Dean, Joseph Harroz Jr.

Sooner Lawyer Archive

No abstract provided.


Sandra Day O'Connor Spends The Day At Ou, Jonella Frank Jan 2014

Sandra Day O'Connor Spends The Day At Ou, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Global Experiences And Learning: A Cornerstone To A Complete Legal Education, Jessica Jones, Jonella Frank, Evelyn Aswad Jan 2014

Global Experiences And Learning: A Cornerstone To A Complete Legal Education, Jessica Jones, Jonella Frank, Evelyn Aswad

Sooner Lawyer Archive

No abstract provided.


Legal Education Opens Door To International Careers, Jonella Frank Jan 2014

Legal Education Opens Door To International Careers, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Competitions Program Receives National Recognition, Jonella Frank Jan 2014

Competitions Program Receives National Recognition, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


The Oxford Experience: 40th Anniversary Celebration July 6-10 Jan 2014

The Oxford Experience: 40th Anniversary Celebration July 6-10

Sooner Lawyer Archive

No abstract provided.


Class Notes Jan 2014

Class Notes

Sooner Lawyer Archive

No abstract provided.


Ou Law Updates Jan 2014

Ou Law Updates

Sooner Lawyer Archive

No abstract provided.


Faculty News Jan 2014

Faculty News

Sooner Lawyer Archive

No abstract provided.