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Articles 1 - 6 of 6
Full-Text Articles in Law
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
Fiduciary Duty As A Shield For Social Media User Privacy And Platform Policing Of Political Misinformation And Disinformation, Michael M. Epstein
Fiduciary Duty As A Shield For Social Media User Privacy And Platform Policing Of Political Misinformation And Disinformation, Michael M. Epstein
FIU Law Review
No abstract provided.
Unmasking The Power Dynamic Between Local School Boards And The State Executive Branch: Implications For Future Local School Safety Protocols, Karla Michelle Cejas
Unmasking The Power Dynamic Between Local School Boards And The State Executive Branch: Implications For Future Local School Safety Protocols, Karla Michelle Cejas
FIU Law Review
The COVID-19 pandemic has brought attention to the government’s power in controlling the operation of public schools. The legal and political differences among local school boards and the State’s COVID policies are exemplified in media headline battles pertaining to school reopening and the Governor’s so called “anti-mask mandate.” The State capitalized on its emergency powers at the expense of providing local school boards with the autonomy to enact district-wide protective measures. Local school boards have faced several challenges in arguing against State Emergency Orders including a difficulty with proving state compulsion to comply with its directives, overly broad statutory language …
The Distribution Of Justices' Votes And Countering National Disunity, Nicholas L. Georgakopoulos
The Distribution Of Justices' Votes And Countering National Disunity, Nicholas L. Georgakopoulos
FIU Law Review
The estimation of the distribution that matches the voting of the justices of the Supreme Court shows that voting is correlated and reveals three phenomena: an outlier distribution produced by one composition of the Court, the surprising frequency of unanimous decisions, and the intensity with which the Court avoids 4–4 decisions. The intensity with which the Court avoids 4–4 splits and the strength of the drive to produce unanimous decisions seem sensitive to national disunity. At times of greater disunity, 1965 to 1975 and 2001 to 2020, the Court avoids 4–4 splits more intensely and has a greater fraction of …
The Need For Curtains Of The Soul: Privacy Versus Transparency In The Instrumented World Of Algorithmic Artificial Intelligence, Michael Martin Losavio
The Need For Curtains Of The Soul: Privacy Versus Transparency In The Instrumented World Of Algorithmic Artificial Intelligence, Michael Martin Losavio
FIU Law Review
We approach a privacy singularity in pervasive data collection and inference that may reveal all about our lives. While privacy might not yet be dead, we struggle to maintain its shield for personal autonomy. Part of this contemporary challenge comes from the massive data sets generated every day everywhere. And then the powerful analytics that reveal all. This is further challenged by efforts at data transparency that may reveal too much of one’s life. Preservation of privacy, if we deem it important enough to preserve, must have a robust set of technical and legislative implementations on collection, storage, transmission and …
America’S Fraught Relationship With Privacy, Russell L. Weaver
America’S Fraught Relationship With Privacy, Russell L. Weaver
FIU Law Review
No abstract provided.