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Full-Text Articles in Law

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael Aug 2012

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael

Professor Katina Michael

Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.


Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael Aug 2012

Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael

Professor Katina Michael

This 800+ page handbook is divided into eight parts and contains thirty chapters, ideal for either an advanced undergraduate or graduate course in security. At the heart of this handbook is how we might go about managing both physical and cyber infrastructures, as they continue to become embedded and enmeshed, through advanced control systems, and new computing and communications paradigms.


Location-Based Social Networking And Its Impact On Trust In Relationships, Sarah Jean Fusco, Roba Abbas, Katina Michael, Anas Aloudat May 2012

Location-Based Social Networking And Its Impact On Trust In Relationships, Sarah Jean Fusco, Roba Abbas, Katina Michael, Anas Aloudat

Professor Katina Michael

Location based social networking (LBSN) applications are part of a new suite of social networking tools. LBSN is the convergence between location based services (LBS) and online social networking (OSN). LBSN applications offer users the ability to look up the location of another “friend” remotely using a smart phone, desktop or other device, anytime and anywhere. Users invite their friends to participate in LBSN and there is a process of consent that follows. This paper explores the potential impact of LBSN upon trust in society. It looks at the willingness of individuals to share their location data with family, friends, …


Social Implications Of Technology: Past, Present, And Future, Karl D. Stephan, Katina Michael, M.G. Michael, Laura Jacob, Emily Anesta Apr 2012

Social Implications Of Technology: Past, Present, And Future, Karl D. Stephan, Katina Michael, M.G. Michael, Laura Jacob, Emily Anesta

Professor Katina Michael

The social implications of a wide variety of technologies are the subject matter of the IEEE Society on Social Implications of Technology (SSIT). This paper reviews the SSIT’s contributions since the Society’s founding in 1982, and surveys the outlook for certain key technologies that may have significant social impacts in the future. Military and security technologies, always of significant interest to SSIT, may become more autonomous with less human intervention, and this may have both good and bad consequences. We examine some current trends such as mobile, wearable, and pervasive computing, and find both dangers and opportunities in these trends. …


Book Review: The Basics Of Information Security: Understanding The Fundamentals Of Infosec In Theory And Practice, Katina Michael Apr 2012

Book Review: The Basics Of Information Security: Understanding The Fundamentals Of Infosec In Theory And Practice, Katina Michael

Professor Katina Michael

Dr Jason Andress (ISSAP, CISSP, GPEN, CEH) has written a timely book on Information Security. Andress who is a seasoned security professional with experience in both the academic and business worlds, categorically demonstrates through his book that underlying the operation of any successful business today is how to protect your most valuable asset- “information”. Andress completed his doctorate in computer science in the area of data protection, and presently works for a major software company, providing global information security oversight and performing penetration testing and risks assessment.


The Technological Trajectory Of The Automatic Identification Industry: The Application Of The Systems Of Innovation (Si) Framework For The Characterisation And Prediction Of The Auto-Id Industry, Katina Michael Mar 2012

The Technological Trajectory Of The Automatic Identification Industry: The Application Of The Systems Of Innovation (Si) Framework For The Characterisation And Prediction Of The Auto-Id Industry, Katina Michael

Professor Katina Michael

Traditionally the approach used to analyse technological innovation focused on the application of the techno-economic paradigm with the production function as its foundation. This thesis explores the rise of the evolutionary paradigm as a more suitable conceptual approach to investigating complex innovations like automatic identification (auto-ID) devices. Collecting and analysing data for five auto-ID case studies, (bar codes, magnetic-stripe cards, smart cards, biometrics and RF/ID transponders), it became evident that a process of migration, integration and convergence is happening within the auto-ID technology system (TS). The evolution of auto-ID is characterised by a new cluster of innovations, primarily emerging through …


Integrating Value-Driven Feedback And Recommendation Mechanisms Into Business Intelligence Systems, Byron Keating, Tim Coltman, Michael Katina, Valeria Baker Mar 2012

Integrating Value-Driven Feedback And Recommendation Mechanisms Into Business Intelligence Systems, Byron Keating, Tim Coltman, Michael Katina, Valeria Baker

Professor Katina Michael

Most leading organizations, in all sectors of industry, commerce and government are dependent upon

ERP for their organizational survival. Yet despite the importance of the decision to adopt ERP and its

impact on the entire firm’s performance the IT literature has been in the large part silent on the nature

of the ERP investment decision. This study is the first of its kind to determine the preference structure

of senior managers around the organizational benefits and risks of adopting ERP. We present the

results which provide interesting insights into how managers’ perceive the benefit and risk factors

salient to the …


Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt Feb 2012

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.


Disclosure's Effects: Wikileaks And Transparency, Mark Fenster Feb 2012

Disclosure's Effects: Wikileaks And Transparency, Mark Fenster

Mark Fenster

Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm or stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’s ability to receive and distribute leaked information cheaply, quickly, and seemingly unstoppably enables it to bypass …


Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire Jan 2012

Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to highlight some of the roles government can take on that exist outside the traditional regulatory powers of government. Two such nonregulatory roles include the rights of government as the property owner of submerged lands, and the rights/ obligations of government as trustee of the public trust under the public trust doctrine that exists at common law and also statutorily in many coastal states. The reasons these nonregulatory roles are important considerations is because of the reasonable argument that a government that is not acting in a regulatory capacity cannot be said to be …


Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V Jan 2012

Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V

Iván Rojas V

The book analyzes the case of Operation Strategic Fontibón - Eldorado Airport - Engativa (OEFAE) and the implications on the urban economy of the city and potential opportunities for productive development for the population affected by the project in 2010 in Bogotá DC. El libro analiza el caso de la Operación Estrategica Fontibón - Aeropuerto ElDorado - Engativa (OEFAE) y las implicaciones sobre la economía urbana de la ciudad y las posibles oportunidades de desarrollo productivo para la población afectada por el proyecto en el 2010 en la ciudad de Bogotá DC.


Compromising The Safety Net: How Limiting Tax Deductions For High-Income Donors Could Undermine Charitable Organizations, Patrick Tolan Dec 2011

Compromising The Safety Net: How Limiting Tax Deductions For High-Income Donors Could Undermine Charitable Organizations, Patrick Tolan

Patrick E. Tolan Jr.

President Obama’s recent budget proposals have contemplated reducing the top rate for charitable deductions (and all itemized deductions) to twenty-eight percent. Because America’s largest donors are those in the highest marginal tax brackets, efforts to limit deductibility of charitable donations could have a chilling effect on charitable giving.

In this article the author looks at motivations for charitable donations and specifically at the impact of tax deductibility as a motivating factor. It takes a historical look at the philanthropic surveys and econometric models and examines empirical data concerning impacts of significant changes to the tax code in the 1980s that …


Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris Dec 2011

Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.


Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire Dec 2011

Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …


Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill Dec 2011

Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill

Chad J McGuire

As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …