Digital Commons Network^™

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn

William & Mary Bill of Rights Journal

Terry v. Ohio’s “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism. …

Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison

William & Mary Bill of Rights Journal

When the government investigates a crime, do citizens have a duty to assist? This question was raised in the struggle between Apple and the FBI over whether the agency could compel Apple to defeat its own password protections on the iPhone of one of the San Bernardino shooters. That case was voluntarily dismissed as moot when the government found a way of accessing the data on the phone, but the issue remains unresolved.

Because of advances in technology, software providers and device makers have been able to develop almost impenetrable protection for their customers’ information, effectively locking law enforcement out …

Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal

William & Mary Bill of Rights Journal

In at least two recent cases, courts have rejected service providers’ capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular third-party litigant could not. In the situations presented by the recent cases, by …

The Fourth Amendment Disclosure Doctrines, Monu Bedi

William & Mary Bill of Rights Journal

The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-standing hurdles to Fourth Amendment protection. These doctrines have become increasingly relevant to assessing the government’s use of recent technologies such as data mining, drone surveillance, and cell site location data. It is surprising then that both the Supreme Court and scholars, at times, have associated them together as expressing one principle. It turns out that each relies on unique foundational triggers and does not stand or fall with the other. This Article tackles this issue and provides a comprehensive topology for analyzing the respective contours of each …

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

William & Mary Bill of Rights Journal

We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious.

As for ambition, the Court …

Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, Emily J. Heltzel

William & Mary Bill of Rights Journal

No abstract provided.

Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward

William & Mary Bill of Rights Journal

No abstract provided.

Title Ix In The Technological Age-Challenging Rape Culture And Myths Through Fairer Use Of Electronic Communications, Drew Simshaw

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Transgender Bathroom Rights In The Time Of Trump, Catherine Jean Archibald

Tennessee Journal of Race, Gender, & Social Justice

On May 13, 2016, the Obama Administration issued a guidance document entitled “Dear Colleague Letter on Transgender Students,” which interpreted federal law as requiring that transgender students be permitted to use bathrooms that correspond with their gender identity in schools receiving federal funding. Considerable litigation ensued. Less than a year later, on February 22, 2017, the Trump Administration rescinded this guidance document. The Trump Administration asserts that it should be up to individual states to decide what bathrooms transgender children may use in schools.

This article addresses where transgender bathroom rights stand now that Obama’s Dear Colleague Letter has been …

On The Same Team: Locker Room Talk, Student Athletes, And A Call For A Restorative Justice Approach To Sexual Assault Education, Brian A. Pappas

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Title Ix's Field Of Unrealistic Dreams: If You Build It, Will They Come?, Becky L. Jacobs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …

The Imp Of The Perverse, John Emil Vincent

Criticism

No abstract provided.

Indian Harbor Insurance Co V. Nl Environmental Management Se

2017 Decisions

USDC for the District of New Jersey

How Do You Like Me Now? An Examination Of College Students’ Use Of Social Media Sites, James D. Wheeler Iii

Honors Program Theses and Projects

The digital era and the rise of new technology within everyday experiences has led young adults to seek out social media sites as a means of socializing, identity building, self-expression, and seeking validation from peers and friends. The previous work of scholars expresses how social media sites have become a predominate form of communication amongst young adults, and are a social hub for establishing communities that foster particular ideals and online behavior of ‘digital natives’ (those born right before and after the general introduction of digital technologies). This research project contextualizes young adults’ use and behaviors on social media by …

Paul Fallon V. Mercy Catholic Medical Center

2017 Decisions

USDC for the Eastern District of Pennsylvania

Richard Duncan V. Omni Insurance Co

2017 Decisions

USDC for the Eastern District of Pennsylvania

Dell Doc 8, 2017.12.14 Del Sc Decision

Related Documents for Professor Thompson's book Corporate Valuation in M&A

No abstract provided.

Alian V. Commander Of Idf Forces In The West Bank, Yoram Danziger, George Kara, Neal Hendel

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The debate revolved around whether reg. 133(3) of Defence (Emergency) Regulations, 1945 (hereinafter: the Defence Regulations) authorize the Military Commander to order temporary burial of terrorists' bodies to be held for negotiation purposes. The background for this debate was a decision by the Israeli government's Ministerial Committee on National Security Affairs (the State Security Cabinet) in the matter, establishing a general policy, while implementation …

State V. Herrera Respondent's Brief Dckt. 44596

Idaho Supreme Court Records & Briefs, All

No abstract provided.

State V. Maldonado Appellant's Brief Dckt. 45031

Idaho Supreme Court Records & Briefs, All

No abstract provided.

The Impact Of Song And Movement On Kindergarten Sight Word Acquisition, Katy Martin

Theses and Dissertations

The purpose of this naturalistic, qualitative study was to document the impact that song and movement had on kindergarten sight word acquisition. To investigate this, 18 kindergarten students were taught 20 new sight words using songs and movement over the course of four weeks. Data was systematically collected and analyzed to determine the specific benefits that song and movement had on kindergartner's sight word learning in regard to automaticity, motivation, and engagement. The kindergarten students were administered a pre-and post-sight word assessment along with a pre-and post-song and movement motivation and engagement student survey. Throughout the study, a qualitative journal …

Family And Juvenile Court Judges And The Best Interests Of The Child: Current Practices, Procedures, And Recommendations, Jodie Oshana

Doctoral Dissertations

Children are involved in the legal system in numerous ways, most often in the child welfare system as victims of abuse or neglect or in the family court arena entangled in divorce and custody proceedings. These courts are guided by “the best interests of the child” standard, which over the last several decades has evolved as the prevailing doctrine impacting the outcome of legal cases involving children in the Unites States as well as internationally. Generally, the best interests of the child standard refers to the idea that the outcome of the legal action relative to the child should be …

State V. Kinney Appellant's Reply Brief Dckt. 44752

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Between The Alarm Clock And The Cell Phone, Sam Bornstein

Theses and Dissertations

The temporal-cultural matrix of fantasy refers to the relationship between the artist’s use of fantasy, and the sense of time and culture that is particular to their experience. It also refers to the way in which fantasy and the Fantastic can provide a space for critique, escape, relief, or commentary on those conditions.

Subdelegating Powers, Jennifer Nou

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.