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Policing The Police: Personnel Management And Police Misconduct, Max Schanzenbach Oct 2022

Policing The Police: Personnel Management And Police Misconduct, Max Schanzenbach

Vanderbilt Law Review

Police misconduct is at the top of the public policy agenda, but there is surprisingly little understanding of how police personnel management policies affect police misconduct. Police-civilian interactions in large jurisdictions are, in principle at least, highly regulated. But these regulations are at least partially counteracted by union contracts and civil service regulations that constrain discipline and other personnel decisions, thereby limiting a city’s ability to manage its police force. This Essay analyzes police personnel management by bringing forth evidence from a variety of data sources on police personnel practices as well as integrating an existing, but relatively siloed, literature …


Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson Sep 2022

Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson

St. Mary's Law Journal

No abstract provided.


Budding Support: How Professional Athletes Can Combat Opioid Abuse By Advocating For The Federal Legalization Of Marijuana, Jessica T. Osterlof Sep 2022

Budding Support: How Professional Athletes Can Combat Opioid Abuse By Advocating For The Federal Legalization Of Marijuana, Jessica T. Osterlof

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Thou Shalt Not Take Thy Lord’S Name In Vein: Vaccine Mandates & Religious Objectors, Stephen Moran Sep 2022

Thou Shalt Not Take Thy Lord’S Name In Vein: Vaccine Mandates & Religious Objectors, Stephen Moran

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


For Better Or For Worse: The Court's Application Of The Second Montana Exception To United States V. Cooley, Lauren Moose Sep 2022

For Better Or For Worse: The Court's Application Of The Second Montana Exception To United States V. Cooley, Lauren Moose

Montana Law Review

No abstract provided.


The Legal And Ethical Considerations Of Facial Recognition Technology In The Business Sector, Samuel D. Hodge Jr. Sep 2022

The Legal And Ethical Considerations Of Facial Recognition Technology In The Business Sector, Samuel D. Hodge Jr.

DePaul Law Review

No abstract provided.


Unified Criminal Justice Reform, Brandon L. Garrett Sep 2022

Unified Criminal Justice Reform, Brandon L. Garrett

Law and Contemporary Problems

No abstract provided.


Encryption In India: Preserving The Online Engine Of Privacy, Free Expression, Security, And Economic Growth, Greg Nojeim, Namrata Maheshwari, Eduardo Miglani Sep 2022

Encryption In India: Preserving The Online Engine Of Privacy, Free Expression, Security, And Economic Growth, Greg Nojeim, Namrata Maheshwari, Eduardo Miglani

Indian Journal of Law and Technology

This article argues that the traceability mandate imposed in India by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 undermines encryption and negatively impacts cybersecurity as well as the fundamental right to privacy. In doing so, it explains how the traceability requirement fails the necessity and proportionality test laid down by the Indian Supreme Court in the Puttaswamy judgment, wherein it held that the right to privacy is a fundamental right under the Constitution of India. Further, the article makes a case for why encryption is important for protecting privacy, free expression, and other human rights, …


Law And Technology: Two Modes Of Disruption, Three Legal Mindsets, And The Big Picture Of Regulatory Responsibilities, Roger Brownsword Sep 2022

Law And Technology: Two Modes Of Disruption, Three Legal Mindsets, And The Big Picture Of Regulatory Responsibilities, Roger Brownsword

Indian Journal of Law and Technology

This article introduces three ideas that are central to understanding the ways in which law and legal thinking are disrupted by emerging technologies and to maintaining a clear focus on the responsibilities of regulators. The first idea is that of a double disruption that technological innovation brings to the law. While the first disruption tells us that the old rules are no longer fit for purpose and need to be revised and renewed, the second tells us that, even if the rules have been changed, regulators might now be able to dispense with the use of rules (the rules are …


Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar Sep 2022

Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar

Indian Journal of Law and Technology

Concomitant with the proliferation of cybercrime in India has been the use of Internet Protocol (IP) addresses by law enforcement agencies to track down criminals. While useful in many situations, the potential for misuse of this information raises important concerns for the privacy of individuals online. This note reviews the statutory mechanisms regulating the retention and disclosure of IP addresses by internet companies in India. It identifies and analyses the four broad sources to which the regime of IP Address disclosure by Internet Service Providers (ISP) may be traced: under the (i) operating licenses issued under the Telegrah Act, 1885, …


Rethinking Online Intermediary Liability: In Search Of The 'Baby Bear' Approach, Gavin Sutter Sep 2022

Rethinking Online Intermediary Liability: In Search Of The 'Baby Bear' Approach, Gavin Sutter

Indian Journal of Law and Technology

This paper examines various national approaches to the regulation of online content. Its particular focus is on the treatment and liability of the intermediary service provider in the context of data provided by third parties. It does this through a survey of the issues involved in the provision of unacceptable content, basing on this even its assessment of why the intermediary should have an appropriate role in the first place. It then moves on to how content can be regulated at this point. The argument this paper makes is that a case-specific approach offers probably the optimum solution; being not …


Balancing Online Privacy In India, Apar Gupta Sep 2022

Balancing Online Privacy In India, Apar Gupta

Indian Journal of Law and Technology

There have been disturbing press reports and articles on the Information Technology (Amendment) Act, 2008. These accounts broadly wallow about the increase in the police powers of the state. They contend that the amendment grants legal sanction to online surveillance inexorably whittling down internet privacy. This article seeks to examine this prevalent notion. It discovers that legal provisions for online surveillance, monitoring and identification of data have been inserted in a narrow and defined class of circumstances governed by tenuous procedures. At first glance it may seem that these procedures and safeguards by themselves increase the right to privacy. However, …


The Fundamental Problem Of Regulating Technology, Hon. Justice Michael Kirby Ac Cmg Sep 2022

The Fundamental Problem Of Regulating Technology, Hon. Justice Michael Kirby Ac Cmg

Indian Journal of Law and Technology

Scientific breakthroughs and the ceaseless pace of technological innovation touch a diverse range of subject matter, with the most profound changes often proving to be the most controversial. Recent decades have seen the fields of biotechnology and information technology raise the most attention, with the deliberations of lawmakers and courts being increasingly focused on issues brought up by innovation within these fields. Though seemingly disparate and autonomous, given the wide range of issues brought up by the different facets of contemporary technological innovation, the author in this special comment presents how one can take an overview of the subject of …


Key Sep 2022

Key

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, Thomas A.T. Ferrari, Karen Thomas Stefano Sep 2022

Contractors State License Board, Thomas A.T. Ferrari, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Justin Dalton, Andrew D. Kent, Riley Minkoff, Benjamin L. Sheinman, R. C. Fellmeth Sep 2022

Public Utilities Commission, Justin Dalton, Andrew D. Kent, Riley Minkoff, Benjamin L. Sheinman, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle Sep 2022

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …


Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles Sep 2022

Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles

Qualitative Criminology (QC)

"This special issue of the Journal of Qualitative Criminal Justice and Criminology pays critical attention to systemic forces that impact Black, Indigenous, and Women of Color (BIWOC). It honors, respects, and reinforces the visibility of BIWOC not only as targets, survivors, activists, and community advocates relative to carceral systems, but showcases our presence as scholars with expertise across its components. In both instances, there continues to be erasure and invisibility that we hope to transform through this series. Reclaiming Our Stories takes on this challenge. This special issue highlights intersectional qualitative work, which includes articles written by BIWOC criminologists and …


Inside The Machine: Constitutionality Of India’S Surveillance Apparatus, Bedavyasa Mohanty Sep 2022

Inside The Machine: Constitutionality Of India’S Surveillance Apparatus, Bedavyasa Mohanty

Indian Journal of Law and Technology

(This article was published prior to the Puttaswamy judgement) This paper seeks to analyse the nuances of some of those laws and tools that enable the State to keep a constant watch over its citizens’ activities. It also attempts to test the validity of the State’s surveillance powers against the principles of liberty and justice enshrined in the Indian Constitution. In doing so, the author aims to challenge the archaic foundations of Indian surveillance laws while drawing attention to areas that are in need of re-examination or, in some cases, complete overhaul. Part II of the paper is a brief …


Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr, Mari Galloway Sep 2022

Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr, Mari Galloway

Dalhousie Law Journal

Climate change is expected to have an unprecedented impact on human migration and displacement over the next decade. Individuals forced to migrate on the basis of climate change or natural disasters remain, however, on the periphery of international and domestic environmental and refugee protections. Teitiota, a landmark decision by the UN Human Rights Committee (the Committee) in 2020 could, however, point the way toward filling these legal gaps by using the principle of non-refoulement under human rights law to prevent the deportation of those whose lives are at risk. As such, this paper seeks to explore the application of Teitiota …


Florida's New Water Resources Law, Frank E. Maloney Sep 2022

Florida's New Water Resources Law, Frank E. Maloney

Florida Law Review

No abstract provided.


Rule Making And Adjudication In Florida Administrative Law, Robert F. Fuquay Sep 2022

Rule Making And Adjudication In Florida Administrative Law, Robert F. Fuquay

Florida Law Review

No abstract provided.


Governmental Regulation Of Billboard Advertising, Jerry B. Crockett Sep 2022

Governmental Regulation Of Billboard Advertising, Jerry B. Crockett

Florida Law Review

No abstract provided.


The Public Officer-Public Employee Distinction In Florida, H. O. Waldby Sep 2022

The Public Officer-Public Employee Distinction In Florida, H. O. Waldby

Florida Law Review

No abstract provided.


Integrated And Uniform Traffic Courts, James P. Economos Sep 2022

Integrated And Uniform Traffic Courts, James P. Economos

Florida Law Review

No abstract provided.


Municipal Charters In Florida: Law And Drafting, Manning J. Dauer, George John Miller Sep 2022

Municipal Charters In Florida: Law And Drafting, Manning J. Dauer, George John Miller

Florida Law Review

No abstract provided.


Municipal Court Practice, Harry W. Fogle Sep 2022

Municipal Court Practice, Harry W. Fogle

Florida Law Review

No abstract provided.


Legal Problems In Florida Municipal Zoning, Ernest R. Bartley Sep 2022

Legal Problems In Florida Municipal Zoning, Ernest R. Bartley

Florida Law Review

No abstract provided.


The Dangerous Instrumentality Doctrine: Unique Automobile Law In Florida, Archer Eugene Carpenter Jr. Sep 2022

The Dangerous Instrumentality Doctrine: Unique Automobile Law In Florida, Archer Eugene Carpenter Jr.

Florida Law Review

No abstract provided.


Freedom Of Attention For Transit Riders, William C. Beatty Sep 2022

Freedom Of Attention For Transit Riders, William C. Beatty

Florida Law Review

No abstract provided.