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Full-Text Articles in Law

What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer Jan 2016

What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer

University of Michigan Journal of Law Reform

This Note examines the challenges of corporate cyberdefense and suggests an approach to mitigate them. Part I outlines the background of the corporate cyberdefense quandary and various cyberdefense strategies. Part II explores the current landscape of cybersecurity law in the United States and the regulatory infrastructure that governs cybercrimes. Part II also surveys case law that illustrates the legal loopholes and ambiguities corporations face when implementing cybersecurity measures. Finally, Part III argues that the proposed active defense model fails to comport with practical concerns and established legal principles. This Note’s comparative analysis of common law ‘defense of property’ principles ...


The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten Jan 2015

The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten

Faculty Scholarship at Penn Law

There are fifty-two bodies of criminal law in the United States. Each stakes out often diverse positions on a range of issues. This article defines the “American rule” for each of the issues relating to general defenses, a first contribution towards creating an “American Criminal Code.”

The article is the result of a several-year research project examining every issue relating to justification, excuse, and non-exculpatory defenses. It determines the majority American position among the fifty-two jurisdictions, and formulates statutory language for each defense that reflects that majority rule. The article also compares and contrasts the majority position to significant minority ...


The Economics Of Necessity, Keith Hylton Jun 2012

The Economics Of Necessity, Keith Hylton

Faculty Scholarship

The necessity doctrine aligns the private and the social incentive for a property possessor to take a defensive action that prevents an invasion of his property from occurring. The model described here is also applicable to self-help in contracts.


The Worldwide Popular Revolt Against Proportionality In Self-Defense Law, Renée Lettow Lerner Jan 2007

The Worldwide Popular Revolt Against Proportionality In Self-Defense Law, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This article examines popular dissatisfaction with the proportionality standard in self-defense law, which holds that the prevention of harm cannot be achieved by causing harm that is disproportionate. Legal elites, such as prosecutors, judges, and legal scholars, have long championed versions of this standard. But there is an increasingly widespread movement in the United States and Europe to modify elite notions of proportionality.

Common to these movements is the desire to replace complicated balancing tests with clearer rules, which would limit the discretion of prosecutors and judges, and to permit use of deadly force against attackers in more situations. Fueling ...


Crimes--Homicide In Defense Of Property, Eleanor Dawson Jan 1934

Crimes--Homicide In Defense Of Property, Eleanor Dawson

Kentucky Law Journal

No abstract provided.


Homicide In Defense Of Property, C. F. Pace Jan 1932

Homicide In Defense Of Property, C. F. Pace

Kentucky Law Journal

No abstract provided.