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Law Library Blog (October 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Right To Data Encryption, Steven W. Schlesinger, Dr. Shlomit Yanisky-Ravid

San Diego Law Review

Technology drives our society, and we are data-dependent as a people. Though the legal system in the United States lacks neither basic protections nor methods to address data protection-related issues, this Article proposes an essential and more robust alternative.

This Article introduces the prevalence and reliance on data and stored information, noting the growing need for a better balance between enabling users’ ability to access encryption tools and the threats and concerns from a governmental perspective for malicious use of encryption tools for criminal and terror purposes.

The Article first recounts a brief history of encryption, focusing on its growing …

Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster

The US Army War College Quarterly: Parameters

This article argues senior officers may fail in character because their rate of character development throughout their careers typically decreases as environmental stressors rise. It conceptualizes character as an open system with both gains and leaks over time and integrates existing scholarship on personality and ethical development to create the Leaky Character Reservoir framework, which it then applies to Army officers’ careers. Military leaders will gain a new understanding of character and find specific actions officers, units, and the US Army can undertake to strengthen the character of its senior officers.

Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel

Personnel Assessment and Decisions

Recurrent police-public conflict suggests misalignment in desired police behavior between police and the public. We explored differences in desired police characteristics between police and members of the American public. Although racial minorities endorsed more negative attitudes of police overall, we found no meaningful differences in desired police characteristics between police and the public or between racial minority and majority participants. Second, we combined multiple criterion-related validation studies in similar jobs via meta-analyses and synthetic validity analyses to identify personality predictors of police performance dimensions. Third, we assessed base rates and adverse impact of these personality characteristics in police. Incumbent officers …

Note: Structured Psychometrics In Biglaw Talent Acquisition: Ai-Driven Quantitative Fit, Joseph J. Kim

Notre Dame Journal on Emerging Technologies

This Note combines a number of perspectives and disciplines to proffer a unique suggestion toward recognizing better talent and acquiring a new intraindustry competitive edge.

Law School News: Staff Person Of The Year 2022: Ann Marie Thompson 05/17/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Religiosity And Subjective Well-Being In The Arab Context, Mayssah El Nayal, Laila C.A. Helmi

BAU Journal - Society, Culture and Human Behavior

This is a quick review of Ahmed Abdel-Khalek’s seminal collection of studies on religiosity and psychology, entitled Religiosity and Subjective Well-being in the Arab Context, publish in 2018 by Cambridge Scholars Publishing, UK. The review gives a quick introduction to the topic and proceeds to describe the contents of the work.

Navigating The Identity Thicket: Trademark's Lost Theory Of Personality, The Right Of Publicity, And Preemption, Jennifer E. Rothman

All Faculty Scholarship

Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights are working at odds with one another, and can point in different directions with regard to who controls a person’s name, likeness, and broader indicia of identity. This creates what I call an "identity thicket" of overlapping and conflicting rights over a person’s identity. Current jurisprudence provides little to no guidance on the most basic questions surrounding this thicket, such as what right to use a person’s identity, if any, flows from the transfer of marks …

Law School News: Staff Person Of The Year 2021: Ann Marie Thompson 05/18/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Abuse Of The Author's Moral Rights* By The Heirs, Mohammad Al-Shammari Al-Shammari, Aymen Masadeh

UAEU Law Journal

This study examines the applicability of the "abuse of right" doctrine in the field of the author's moral right. This right is distinguished by its special nature as it reflects and is attached to the author's personality. This makes it difficult for any person except the author to determine the actual benefits and advantages of such a right. However, when this moral right moves to the heirs, it can be a subject of conflict of interests that requires the reasonable use of this right by the heirs.

The subject of this study is dealt with under both the Jordanian and …

The Unwritten Rules Of Liberal Democracy, Charles W. Collier

University of Massachusetts Law Review

This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …

Criminological Description Of Crimes Related To Terrorism And Their Causes, Jamshid Ibrohimov

Review of law sciences

Terrorism is the most dangerous and difficult vocation of our time. In order to solve this social problem, it is necessary first of all to know exactly what terrorism is, its plot, essence, why and by whom it is used as a tool in the fight against terrorism. It is worth noting that now the fact that the identity of the terrorist was not described as a Fox, is one of the main problems in science. In this case, it is also very important to pay attention to the various data on the delivery of mercenaries maksad in the case …

Law School News: Staff Person Of The Year: Ann Marie Thompson 05-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat

Catholic University Journal of Law and Technology

The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …

The Unwritten Rules Of Liberal Democracy, Charles W. Collier

UF Law Faculty Publications

This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …

C Is For Cookie: Is The Eu's New "Cookie Law" Good Enough To Protect My Data?, William A. Meyers

The International Lawyer

[...]data breaches have consistently increased in recent years, with almost 1,300 breaches in 2017 and over 600 as of July 24, 2018.11 This is obviously a problem that affects millions of people across the globe each year and is expected to continually increase as the global economy becomes ever more digital, forcing some to call for action. [...]the comment will speculate as to any potential legal developments as a result of the GDPR's implementation in the European Union and ways that it may evolve over time to affect not only the European Union but also other nations that do business …

Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev

Review of law sciences

This article is devoted to the negative consequences of anthropogenic civilizations for social life, their causes and solutions.

Technology-Centered Civilizations Genesis, Development Prospects, O.A. Yoldishev

Review of law sciences

This article is devoted to the problems of spiritual-enlightenning and moral education of the rising generation in the context of globalization. The author of the article asserts that the foremost task of the modern society is upbringing a healthy, harmoniously developed generation that meets the requirements of the time.

A State With Healthy Children Is Evident To Become Powerful, X.N. Oblomuradova

Review of law sciences

The article considers the essence and genesis of the concept of a harmoniously developed personality, measures of forming a system of ethical qualities and dignities inherent in a highly developed person, the attitude of philosophers of Eastern philosophy about the ideal personality, as well as large-scale work related to youth policy in our country.

Differentiating Cyberbullies And Internet Trolls By Personality Characteristics And Self-Esteem, Lauren A. Zezulka, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Cyberbullying and internet trolling are both forms of online aggression or cyberharassment; however, research has yet to assess the prevalence of these behaviors in relationship to one another. In addition, the current study was the first to investigate whether individual differences and self-esteem discerned between self-reported cyberbullies and/or internet trolls (i.e., Never engaged in either, Cyberbully-only, Troll-only, Both Cyberbully and Troll). Of 308 respondents solicited from Mechanical Turk, 70 engaged in cyberbullying behaviors, 20 engaged in only trolling behaviors, 129 self-reported both behaviors, and 89 self-reported neither behavior. Results yielded low self-esteem, low conscientiousness, and low internal moral values for …

How Personality Affects Vulnerability Among Israelis And Palestinians Following The 2009 Gaza Conflict, Daphna Canetti, Shaul Kimhi, Rasmiyah Hanoun, Gabriel A. Rocha, Sandro Galea, Charles A. Morgan Iii

National Security Faculty Publications

Can the onset of PTSD symptoms and depression be predicted by personality factors and thought control strategies? A logical explanation for the different mental health outcomes of individuals exposed to trauma would seem to be personality factors and thought control strategies. Trauma exposure is necessary but not sufficient for the development of PTSD. To this end, we assess the role of personality traits and coping styles in PTSD vulnerability among Israeli and Palestinian students amid conflict.We also determine whether gender and exposure level to trauma impact the likelihood of the onset of PTSD symptoms. Five questionnaires assess previous trauma, PTSD …

“Because That's Where The Money Is”: A Theory Of Corporate Legal Compliance, William C. Bradford

The Journal of Business, Entrepreneurship & the Law

The study and regulation of firms per se as agents of compliance may be misguided. Firms are abstractions that exist only in the legal, and not the natural, sense, and, as such, utterly lack decisional capacity. Firms do not decide whether to comply with law; people, specifically officers who exercise decisional authority on their behalf, do. Any theory that would explain or predict firm compliance must account for the individual level of analysis. However, most corporate legal compliance research minimizes the salience of personality. Accordingly, Part II traces associations between personalities of CEOs and firm compliance with obligations arising under …

To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid

Shlomit Yanisky-Ravid Professor of Law

Social networking has increasingly become the most common venue of self-expression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ("screening") of applicants, employees or former employees.

This article addresses the questions of whether this casual business routine harms employees' rights to privacy with regard to data users post in social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The article suggests that a privacy right …

To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman

All Faculty Scholarship

In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …

To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman

Steven J. Heyman

In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …

The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington

Pepperdine Law Review

No abstract provided.

"Because That's Where The Money Is": A Theory Of Corporate Legal Compliance, William Bradford

william bradford

Upon his capture in 1934, the legendary bank robber Willie Sutton was asked by FBI agents, Why do you rob banks, Willie? Sutton, who believed the question to be rhetorical, replied, dryly, Because that's where the money is. In other words, Sutton understood his interrogator to be inquiring as to why he robbed banks rather than, say, homes, or gas stations, or church offering plates. Had he understood the query as intended - i.e., what was it about Willie Sutton the impelled Willie Sutton to crime when many others, struggling to survive the Great Depression, were not? - Sutton could …

The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley

Scholarly Works

Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.

Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …

Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley

Scholarly Works

To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …