Law Commons^™

Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner

School of Law Faculty Publications

The exponential increase in cybercrimes in the past decade has raised new issues and challenges for law and law enforcement. Based on case studies drawn from her work as a lawyer, Susan W. Brenner identifies a diverse range of cybercrimes, including crimes that target computers (viruses, worms, Trojan horse programs, malware and DDoS attacks) and crimes in which the computer itself is used as a tool (cyberstalking, cyberextortion, cybertheft, and embezzlement). Illuminating legal issues unique to investigations in a digital environment, Brenner examines both national law enforcement agencies and transnational crime, and shows how cyberspace erodes the functional and empirical …

Legal Issues For Treatment Providers And Evaluators, Jeannette Cox

School of Law Faculty Publications

Patients with intellectual disability (ID) can benefit from the full range of mental health services. To ensure that psychiatric assessment, diagnosis and treatment interventions are relevant and effective; individuals with ID should be evaluated and treated within the context of their developmental framework. Behavior should be viewed as a form of communication. This chapter provides a summary of legal issues for ID treatment providers and evaluators.

Investigating Jurors In The Digital Age: One Click At A Time, Thaddeus A. Hoffmeister

School of Law Faculty Publications

The Internet has resurrected the practice of investigating jurors. Thus, there is a growing need for more research and study on this topic to better understand its impact on the legal system and society as a whole. This Article attempts to fill the current void by taking an in-depth look at online juror investigations. In Part II, this Article offers an overview of juror investigations by attorneys. Here, the Article focuses on the evolution of the practice. In Part III, the Article examines the benefits of the practice to both the legal system and attorneys. This Part demonstrates that more …

Mcdougal-Lasswell Policy Science: Death And Transfiguration, Jack Van Doren, Christopher J. Roederer

School of Law Faculty Publications

This article discusses the death and transfiguration of the legal paradigm referred to as McDougal-Lasswell Policy Science. This paradigm asserts those who make legal decisions should decide on articulated policy grounds rather than attempting to make decisions based merely on rules or principles. The theme centers on the paradox to which jurists have given different degrees of acceptance. In the United States domestic scene, it is virtually dead, and in the international law arena where it is transfigured, it is alive and well.

Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant workers may not obtain ADA accommodations is that pregnancy is a physically healthy condition rather than a physiological defect. Drawing on the social model of disability, this Article challenges the assumption that medical diagnosis of “defect” must be a prerequisite to disability accommodation eligibility. The social …

An Enduring Oddity: The Collateral Source Rule In The Face Of Tort Reform, The Affordable Care Act And Increased Subrogation, Adam Todd

School of Law Faculty Publications

Today, despite significant legislative changes in healthcare insurance, tort reform, and subrogation, the collateral source rule has remained in force in many jurisdictions even in the face of rising health insurance costs. This Article argues that as long as health insurance markets are fragmented, the collateral source rule will continue to play an important normative role in the administration of the tort injury compensation process. The rule also helps deter tortious behavior, supports the insured's contractual expectations, is consistent with distributive fairness, and ensures that those engaging in risky activities bear the full cost of injuries. The collateral source will …

Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This article begins by examining the traditional reasons for juror research. The article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case.

In Part II, the article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this article focuses …

Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly

School of Law Faculty Publications

When viewed in the context of sound recording infringement and digital sampling, two recent high court rulings—one in the United States and the other in Germany—have determined that good fences do, indeed, make for sensible legal boundaries with respect to the copyrights held by the owners of sound recordings. While the legal doctrines employed by the courts in each of these cases are different in letter and theory, both courts concluded that owners of rights held in sound recordings should reasonably expect the law to protect the valid boundaries of those rights when third parties engage in the practice of …