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Freedom To Hack, Ido Kilovaty Jan 2019

Freedom To Hack, Ido Kilovaty

Articles, Chapters in Books and Other Contributions to Scholarly Works

Swaths of personal and nonpersonal information collected online about internet users are increasingly being used in sophisticated ways to manipulate them based on that information. This represents a new trend in the exploitation of data, where instead of pursuing direct financial gain based on the face value of the data, actors are seeking to engage in data analytics using advanced artificial intelligence technologies that would allow them to more easily access individuals’ cognition and future behavior. Although in recent years the concept of online manipulation has received some academic and policy attention, the desirable relationship between the data-breach law and ...


Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark Jan 2018

Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts.Our understanding of civil justice is based primarily on federal litigationand the decisions of appellate judges. Staggeringly little legalscholarship focuses on state courts and judges. We imply do not know what mostjudges are doing in their day-to-day courtroom roles or in their roles asinstitutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices for courts, litigants, and ...


Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher Jan 2018

Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants' other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment-imprisonment. Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants' other constitutional rights generally facilitate just the oppositeminimizing jeopardy by reducing charges, lessening the likelihood of guilt ...


Active Judging And Access To Justice, Anna E. Carpenter Jan 2018

Active Judging And Access To Justice, Anna E. Carpenter

Articles, Chapters in Books and Other Contributions to Scholarly Works

“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less ...


Retributivism And Criminal Procedure, Stephen Galoob Jan 2017

Retributivism And Criminal Procedure, Stephen Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas Jan 2017

The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Courtesy Paratexts, Informal Publishing Norms And The Copyright Vacuum In Nineteenth-Century America, Robert Spoo Jan 2017

Courtesy Paratexts, Informal Publishing Norms And The Copyright Vacuum In Nineteenth-Century America, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

In response to the failure of U.S. copyright law to protect foreign authors, nineteenth-century American publishers evolved an informal practice called the “courtesy of the trade” as a way to mitigate the public goods problem posed by a large and ever-growing commons of foreign works. Trade courtesy was a shared strategy for regulating potentially destructive competition for these free resources, an informal arrangement among publishers to recognize each other’s wholly synthetic exclusive rights in otherwise unprotected writings and to pay foreign authors legally uncompelled remuneration for the resulting American editions. Courtesy was, in effect, a makeshift copyright regime ...


Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott Jan 2017

Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Exculpation As Inculpation, Russell L. Christopher Jan 2017

Exculpation As Inculpation, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Should a criminal defendant who contrives, creates, or causes the conditions of her own defense forfeit the defense? For example, suppose a provocateur taunts a provocatee into unlawfully attacking so that the provocateur may justifiably kill in self-defense. There are two competing approaches. Under the principle that defense-contrivers have "unclean hands," the predominant approach of the criminal law is to bar the defense (the Legal approach). Disagreeing, most criminal theorists advocate both granting the contrived defense and, seemingly paradoxically, imposing criminal liability for culpably contriving the defense (the Theoretical approach). That is, seeking exculpation is itself inculpatory. The Theoretical approach ...


In Praise Of Legal Scholarship, Tamara R. Piety Jan 2017

In Praise Of Legal Scholarship, Tamara R. Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Inconsistent Rationales For Capital Punishment Plus, Russell Christopher Jan 2017

Inconsistent Rationales For Capital Punishment Plus, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Coercion, Fraud, And What Is Wrong With Blackmail, Stephen Galoob Jan 2017

Coercion, Fraud, And What Is Wrong With Blackmail, Stephen Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark Jan 2016

Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases, and ...


International Intellectual Property Shelters, Sam Halabi Jan 2016

International Intellectual Property Shelters, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Uncoordinated Public Domain, Robert Spoo Jan 2016

The Uncoordinated Public Domain, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Absurdity And Excessively Delayed Executions, Russell Christopher Jan 2016

Absurdity And Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Lawyers, Power, And Strategic Expertise, Colleen F. Shanahan, Anna Carpenter, Alyx Mark Jan 2016

Lawyers, Power, And Strategic Expertise, Colleen F. Shanahan, Anna Carpenter, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

This empirical study analyzes what the parties and lawyers described above experience – a party’s power, representation, and the strategic expertise they bring to a dispute. These factors clarify how representation may solve the access to justice crisis for low-income Americans. We find that a representative helps most parties most of the time, but the representation on the other side of the dispute and the representative’s strategic expertise are also significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the ...


Do The Property Law Principles Of A Personal "Benefit" Affecting The Runnability Of A "Burden" And The Rule Against Perpetuities Render Unenforceable Promises To Pay Money When Transferred Land Is Used For Specified Energy Activities?, Rex Zedalis Jan 2016

Do The Property Law Principles Of A Personal "Benefit" Affecting The Runnability Of A "Burden" And The Rule Against Perpetuities Render Unenforceable Promises To Pay Money When Transferred Land Is Used For Specified Energy Activities?, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Federal Anti-Sanctuary Law: A Failed Approach To Immigration And A Poor Substitute For Real Reform, Elizabeth Mccormick Jan 2016

Federal Anti-Sanctuary Law: A Failed Approach To Immigration And A Poor Substitute For Real Reform, Elizabeth Mccormick

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Fiduciary Political Theory: A Critique, Ethan Leib, Stephen Galoob Jan 2016

Fiduciary Political Theory: A Critique, Ethan Leib, Stephen Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Regulating Identity: Medical Regulation As Social Control, Matt Lamkin Jan 2016

Regulating Identity: Medical Regulation As Social Control, Matt Lamkin

Articles, Chapters in Books and Other Contributions to Scholarly Works

New biomedical technologies offer growing opportunities not only to prevent and treat illnesses, but also to change how healthy people think, feel, behave, and appear to others. Controversies over these nontherapeutic practices are a pervasive feature of contemporary American culture, from students on "study drugs" and cops on steroids to skin-lightening by black celebrities and the over-prescription of antidepressants. Yet the diversity of these controversies often masks their common root-namely, disputes about the propriety of using medical technologies as tools for shaping one's identity.

Some observers believe these so-called "enhancement" practices threaten important values, offering unfair advantages to users ...


Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi Jan 2015

Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.


Why Personhood Matters, Tamara R. Piety Jan 2015

Why Personhood Matters, Tamara R. Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

One of the most controversial aspect of the Supreme Court's decisions in Citizens United and Hobby Lobby is its treatment of corporate personhood. Many members of the public object to the notion that corporations should have the same rights as human beings. Yet many scholars claim that this concern is misplaced. In this article I argue that concern about corporate personhood is not misplaced because the personhood metaphor conceals the degree to which there has not been an adequate justification given for extending fundamental rights to corporations. Focusing on personhood allows us to push on the metaphor to ask ...


The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda’S Global Role, Sam Halabi Jan 2015

The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda’S Global Role, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Veil-Piercing’S Procedure, Sam Halabi Jan 2015

Veil-Piercing’S Procedure, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Tort Reform And Jury Instructions, Charles W. Adams Jan 2015

Tort Reform And Jury Instructions, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

This article discusses two recent statutes and the efforts of the Oklahoma Committee on Uniform Jury Instructions (Civil OUJI Committee) to recommend uniform jury instructions based on these statutes to the Oklahoma Supreme Court. The first statute is Okla. Stat. Title 12, §577.4, which deals with an instruction to juries that awards for damages for personal injuries and wrongful death that are nontaxable. The second statute is Okla. Stat. Title 23, §61.2, which imposes a $350,000 cap on noneconomic losses for personal injuries.


Revisiting Montana: Indian Treaty Rights And Tribal Authority Over Nonmembers On Trust Lands, Judith Royster Jan 2015

Revisiting Montana: Indian Treaty Rights And Tribal Authority Over Nonmembers On Trust Lands, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Search For Meaning In The Notice Requirements Of The Fair Debt Collection Practices Act: A 30 For 30 Short, Johnny Parker Jan 2015

The Search For Meaning In The Notice Requirements Of The Fair Debt Collection Practices Act: A 30 For 30 Short, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher Jan 2015

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi Jan 2015

Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.