Law Commons^™

Separation Of Ownership And The Authorization To Use Personal Computers: Unintended Effects Of Eu And Us Law On It Security, Lukas Feiler

Santa Clara High Technology Law Journal

No abstract provided.

Balancing Consumer Privacy With Behavioral Targeting, Dustin D. Berger

Santa Clara High Technology Law Journal

No abstract provided.

Upholding Free Speech And Privacy Online: A Legal-Based And Market-Based Approach For Internet Companies In China, Yutian Ling

Santa Clara High Technology Law Journal

No abstract provided.

Contextualizing The Tensions And Weaknesses Of Information Privacy And Data Breach Notification Laws, Mark Burdon

Santa Clara High Technology Law Journal

No abstract provided.

Century Of Leadership And Service: Contributions Of The Santa Clara Computer And High Technology Law Journal, A Preface, Donald J. Polden

Santa Clara High Technology Law Journal

No abstract provided.

Child Trust Fund, Christopher L. Griffin Jr.

Faculty Publications

No abstract provided.

Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne

Faculty Publications

No abstract provided.

Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard

Articles

In this Article, I review the efficacy of peremptory challenges and conclude that both empirical and anecdotal evidence confirm such challenges are of little utility. I contend that the marginal benefit of peremptory challenges to a criminal prosecutor is outweighed by the damage done to both the actual and perceived fairness of the system, and that imbalance should persuade prosecutors to consider a wholesale voluntary waiver of peremptory challenges.

Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña

Articles

This paper offers commentary on the appropriateness of viewing, as a human right, the authority to manage water and to participate meaningfully in watershed governance, and it takes as an example the community of Hispano farmers of the Rio Culebra watershed of Southern Colorado in the headwaters of the Upper Rio Grande. In earlier work, the authors have written about the uneasy relationship between the formal system of appropriative water rights under Colorado law and the enduring set of local water norms practiced within acequias—the traditional water governance institutions and irrigation systems of the Culebra's Hispano farmers. The present …

Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson

Articles

This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.

This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …

Direct Examination: Lawyer As Director, Maureen A. Howard

Articles

A trial lawyer presenting her case in chief through direct examination is somewhat like a film director: the lawyer thoroughly analyzes the case and develops a plan for the most effective way to present the case to the jury to best advance her theme and theory. Just as no script would play out on film the exact same way in the hands of different directors, no case would be presented in exactly the same way by different trial lawyers. Yet there are constants to be found in the steps effective trial lawyers take during their case in chief when presenting …

Racial Paradox In A Law And Society Odyssey, Mario L. Barnes

Articles

No abstract provided.

A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones

Articles

No abstract provided.

From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts

Articles

During the past three decades, one Supreme Court justice— John Paul Stevens—has authored two of the most significant administrative law decisions that speak to the judiciary’s role in checking agency interpretations of the statutes that they administer. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., Justice Stevens’s landmark 1984 decision unanimously upheld the EPA’s construction of a term found in the Clean Air Act. Subsequently, in Massachusetts v. EPA, Justice Stevens’s 2007 opinion for a five-justice majority handed a major win to global environmental security by ordering the EPA to reconsider its refusal to regulate greenhouse …

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

Articles

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands …

Taking Narrow Channel Collision Prevention Seriously To More Effectively Manage Marine Transportation System Risk, Craig H. Allen

Articles

This Article locates the narrow channel rule in the larger context of risk management in confined waters. It begins by examining the risks posed by vessel navigation in narrow channels and fairways in the United States and the risk management measures employed to eliminate or reduce those risks, including the narrow channel rule in the applicable rules of the road. The Article then identifies problems with the existing rule and examines several alternatives to address the problems. The Article concludes that mariners deserve clearer guidance on how to identify the waters where Rule 9 applies than they have so far …

"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas

Articles

This Article demonstrates the existence and delineates the scope of a federal constitutional definition of "dying declarations" that is distinct from the definitions set forth in the Federal Rules of Evidence and their state counterparts. This Article further demonstrates that states have state constitutional definitions of "dying declarations" (for purposes of interpreting state constitutional analogues to the Confrontation Clause of the Sixth Amendment) that may differ in important respects from the federal constitutional definition of "dying declarations."

This Article then shows that some of the definitions of "dying declarations" contained in federal and state hearsay exceptions exceed the federal and …

Peeping Hals: Making Sense Of Artificial Intelligence And Privacy, Ryan Calo

Articles

The field of artificial intelligence, broadly defined as the study and practice of designing intelligent agents, is at least six decades into its existence as a formal discipline. Sometimes called “computational” or “synthetic” intelligence, AI borrows from and informs a wide variety of subjects, including philosophy, psychology, linguistics, neuroscience, statistics, economics, and law. Techniques of AI underpin all manner of industrial and consumer applications - from the complex neural nets used in data mining, down to the ‘fuzzy logic’ used by commercial washers and driers.

Insofar as “the issues of AI are directly related to [the] self-image of human beings”, …

Clean Tech Reality Check: Nine International Green Technology Transfer Deals Unhindered By Intellectual Property Rights, Eric Lane

Santa Clara High Technology Law Journal

No abstract provided.

On-Site Renewable Energy And Public Finance: How And Why Municipal Bond Financing Is The Key To Propagating Access To On-Site Renewable Energy And Energy Efficiency, Jason R. Wiener, Christian Alexander

Santa Clara High Technology Law Journal

No abstract provided.

Richmond Law Magazine: Winter 2010

Richmond Law Magazine

Features:

From Classroom to Courtroom

Civil City

Reinventing Fire

The New Jobs Landscape

Penipuan Kad Kredit Dan Implikasi Terhadap Sistem Perundangan Dan Ekonomi Malaysia., Chandran Ramasamy

Student Works (2010-2019)

Fakta bahawa kemajuan teknologi memudahkan penjenayah untuk melakukan penipuan kad kredit ternyata benar. Sudah bertahun-tahun, jumlah penipuan kad kredit meningkat dengan kadar yang cepat. lni menyebabkan jatuhnya ekonomi sesebuah negara secara keseluruhan yang membawa persepsi negatif terhadap keseluruhan pentadbiran Jabatan Polis dan Agensi agensi perbankan. Tanpa mekanisme kawalan yang betul, kemunkinan agak sukar untuk melawan dan menangani masalah so~ial ini. Undangundang Negara yang berkaitan dengan penipuan kad kredit perlu dikaji sekali lagi dan penguatkuasaan undang-undang untuk pihak bank yang memberikan dan menawarkan kad kredit perlu diberi amaran tentang isu perlindungan data yang kian penting. Selain itu, dengan adanya Undang-Undang baru …

Children's Rights As Relational Rights: The Case Of Relocation, Ruth Zafran

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Does Gender Influence Attitudes Toward Copyright In The Filk Community , Melissa Tatum, Robert Spoo, Benjamin Pope

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Outsiders Inside The Beltway: Latcrit Xiv: Critical Outsider Theory And Praxis In The Policymaking Of The New American Regime., Anthony E. Varona

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Immutability” And Stigma: Towards A More Progressive Equal Protection Rights Discourse, M. Katherine Baird Darmer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

(Law) Breaking Gender: In Search Of Transformative Gender Law, Richael Faithful

American University Journal of Gender, Social Policy & the Law

No abstract provided.