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Full-Text Articles in Law

Surveillance Normalization, Christian Sundquist Jan 2023

Surveillance Normalization, Christian Sundquist

Articles

Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public surveillance as a result of the COVID-19 pandemic give rise to the normalization of surveillance in day-to-day life, with serious consequences for racialized communities and other marginalized groups. This article explores the legal and regulatory effects of surveillance normalization, as well as how to protect civil rights and liberties …


Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia Jan 2022

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …


Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai Jan 2020

Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai

All Faculty Scholarship

Policymakers in the United States have just begun to address regulation of artificial intelligence technologies in recent years, gaining momentum through calls for additional research funding, piece-meal guidance, proposals, and legislation at all levels of government. This Article provides an overview of high-level federal initiatives for general artificial intelligence (AI) applications set forth by the U.S. president and responding agencies, early indications from the incoming Biden Administration, targeted federal initiatives for sector-specific AI applications, pending federal legislative proposals, and state and local initiatives. The regulation of the algorithmic ecosystem will continue to evolve as the United States continues to search …


The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders Jan 2016

The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders

Walden Dissertations and Doctoral Studies

Currently, Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 appears to be stalled as a result of controversy over the intent and meaning of the law. Proponents of the title advocate the necessity of the act to combat modern terrorism, whereas opponents warn of circumventions of the Fourth Amendment of the U.S. Constitution. Using punctuated equilibrium as the theoretical foundation, the purpose of this case study was to explore the dialogue and legal exchanges between the American Civil Liberties Union and the Department of …