Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Legislation (3)
- Social Welfare (3)
- Civil Law (2)
- Civil Rights (2)
- Civil Rights and Discrimination (2)
-
- Criminal Law and Procedure (2)
- International Law (2)
- Law and Society (2)
- Law and Technology (2)
- Public Law and Legal Theory (2)
- "Data breach" "strict liability" "risk assessment" "PII" (1)
- Accountability (1)
- Affect (1)
- Attribution (1)
- Audio taping (1)
- Behavioral economics (1)
- Black rights; civil rights; blacks and the law; NAACP (1)
- Children's rights (1)
- Civil rights (1)
- Civil society (1)
- Clinical legal education (1)
- Cognitive science (1)
- Communications Law (1)
- Community development (1)
- Comparative Law (1)
- Compulsion (1)
- Confession (1)
- Disasters (1)
- Disparate Impact (1)
- Education Law (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Justice Thurgood Marshall: A Selected Bibliography, Ruth A. Hodges
Justice Thurgood Marshall: A Selected Bibliography, Ruth A. Hodges
Moorland Spingarn Research Center Publications
No abstract provided.
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew E. Taslitz
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew E. Taslitz
School of Law Faculty Publications
The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
School of Law Faculty Publications
Much has been written about the need to videotape the entire process of police interrogating suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions because facts are no longer in dispute, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small, albeit growing, number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC), formerly the National Conference …
Confessing In The Human Voice: A Defense Of The Privilege Against Self-Incrimination, Andrew E. Taslitz
Confessing In The Human Voice: A Defense Of The Privilege Against Self-Incrimination, Andrew E. Taslitz
School of Law Faculty Publications
ABSTRACT OF CONFESSING IN THE HUMAN VOICE: A DEFENSE OF THE PRIVILEGE AGAINST SELF-INCRIMINATION
By Andrew E. Taslitz
The privilege against self-incrimination has fallen on hard times. Miranda rights shrink, as do those more traditional “core” aspects of the privilege. Partly this is due to an implicit skepticism by the courts about the value of the privilege, despite their occasional explicit words of praise for its role in our constitutional scheme. Scholars largely, though not uniformly, agree that the privilege cannot be justified as a philosophical matter, viewing it as an unfortunate burden we are stuck with because of its …
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
School of Law Faculty Publications
Abstract:
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of …
Mutual Recognition Based On Substituted Compliance: An Integral Component Of The Sec’S Mandate, Cheryl C. Nichols
Mutual Recognition Based On Substituted Compliance: An Integral Component Of The Sec’S Mandate, Cheryl C. Nichols
School of Law Faculty Publications
The U.S. Securities and Exchange Commission (“SEC”) must utilize mutual recognition based on substituted compliance to maintain American preeminence in the global securities market. In fact, mutual recognition based on substituted compliance facilitates the SEC’s ability to fulfill its statutory mandate-- to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. Currently, all US investors may have access to foreign exchanges in the global securities market without the protection of the U.S. federal securities laws; at a minimum, the SEC must take action to fulfill the first prong of its statutory mandate--to protect investors. In addition, maintaining …
Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii
Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii
School of Law Faculty Publications
Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and …
Emergency Alert: This Is Not A Test! An International Disaster Relief Plan For Protecting Children And Families, Cynthia R. Mabry
Emergency Alert: This Is Not A Test! An International Disaster Relief Plan For Protecting Children And Families, Cynthia R. Mabry
School of Law Faculty Publications
There are more than 132,000,000 orphans worldwide. As a result of recent natural disasters in the United States and other countries, the number of orphans has increased. Recent events in the Gulf Coast in the United States, Haiti and Japan showed that thousands of children become separated from their parents or guardians when disasters strike. Family members were scattered during these tragedies. Many children were reunited with their families; but some children were sent to orphanages while others waited in classrooms for their family members to come for them. Many Haitian children were sent to foreign countries far from their …
Once More Unto The Breach: An Analysis Of Legal, Technological And Policy Issues Involving Data Breach Notification Statutes, Dana J. Lesemann
Once More Unto The Breach: An Analysis Of Legal, Technological And Policy Issues Involving Data Breach Notification Statutes, Dana J. Lesemann
School of Law Faculty Publications
Once More Unto the Breach: An Analysis of Legal, Technological, and Policy Issues Involving Data Breach Notification Statutes
Dana J. Lesemann
Companies facing the loss of a laptop or a compromised server have long waged battles on several fronts: investigating the source of the breach, identifying potentially criminal behavior, retrieving or replicating lost or manipulated data, and putting better security in place, to name a few generalized steps. As recently as seven years ago, the broader consequences of a data breach were largely deflected from the party on whose resource the data resided and instead rested essentially on those whose …