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Articles 1 - 6 of 6
Full-Text Articles in Law
Big Brother Is Watching: The Reality Show You Didn't Audition For, J. Amy Dillard
Big Brother Is Watching: The Reality Show You Didn't Audition For, J. Amy Dillard
All Faculty Scholarship
In 1984, at the height of the Reagan-era war on drugs, the Supreme Court created a bright-line exception to Fourth Amendment protection by declaring that no person had a reasonable expectation of privacy in an area defined as an open field. When it created the exception, the Court ignored positive law and its own jurisprudence that the Fourth Amendment protects people, not places. The open fields doctrine allows law enforcement officers to enter posted, private areas that are not part of a house or its curtilage for brief surveillance. The Supreme Court has never “extended the open fields doctrine to …
Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts
Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
This Article is part of a Howard Law Journal Symposium on “Collateral Consequences: Who Really Pays the Price for Criminal Justice?,” as well as my larger book project, Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-First Century (The New Press, 2011). It considers state and federal government expansion of genetic surveillance as a collateral consequence of a criminal record in the context of a new biopolitics of race in America. Part I reviews the expansion of DNA data banking by states and the federal government, extending the collateral impact of a criminal record—in the form …
Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo
Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo
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Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital expenditures …
Ten Years After: Bartnicki V. Vopper As Laboratory For First Amendment Advocacy And Analysis, Eric Easton
Ten Years After: Bartnicki V. Vopper As Laboratory For First Amendment Advocacy And Analysis, Eric Easton
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How many ways can one approach a First Amendment analysis? What influences a lawyer or a judge to select one analytical approach over another? And what is the long-term effect of a court's choice of one over another? In Bartnicki v. Vopper, a 2001 case in which the U.S. Supreme Court considered federal and state statutes prohibiting the disclosure of illegally intercepted telephone conversations, we are privileged to have a small laboratory through which to study the first two questions. And, from the vantage point of ten years, we ought to be able to make some informed predictions as to …
Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan
Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan
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Unauthorized access to online information costs billions of dollars per year. Software vulnerabilities are a key. Software currently contains an unacceptable number of vulnerabilities. The standard solution notes that the typical software business strategy is to keep costs down and be the first to market even if that means the software has significant vulnerabilities. Many endorse the following remedy: make software developers liable for negligent or defective design. This remedy is unworkable. We offer an alternative based on an appeal to product-risk norms. Product-risk norms are social norms that govern the sale of products. A key feature of such norms …
Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen
Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen
All Faculty Scholarship
No abstract provided.