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Articles 1 - 30 of 32
Full-Text Articles in Law
Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael
Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael
Associate Professor Katina Michael
The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …
The Irony Of Privacy Class Action Litigation, Eric Goldman
The Irony Of Privacy Class Action Litigation, Eric Goldman
Faculty Publications
In the past few years, publicized privacy violations have regularly spawned class action lawsuits in the United States, even when the company made a good faith mistake and no victim suffered any quantifiable harm. Privacy advocates often cheer these lawsuits because they generally favor vigorous enforcement of privacy violations, but this essay encourages privacy advocates to reconsider their support for privacy class action litigation. By its nature, class action litigation uses tactics that privacy advocates disavow. Thus, using class action litigation to remediate privacy violations proves to be unintentionally ironic.
Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher
Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher
Faculty Scholarship
This policy proposal makes the case for opening Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs) — both well-established investment structures — to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy.
The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald
The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald
All Faculty Scholarship
Research demonstrates that police reduce crime. The implication of this research for investment in a particular form of extra police services, those provided by private institutions, has not been rigorously examined. We capitalize on the discontinuity in police force size at the geographic boundary of a private university police department to estimate the effect of the extra police services on crime. Extra police provided by the university generate approximately 45-60 percent fewer crimes in the surrounding neighborhood. These effects appear to be similar to other estimates in the literature.
Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey
Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey
University of Richmond Law Review
No abstract provided.
Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay
Research Collection Yong Pung How School Of Law
The ultimate result of globalisation is that as the world setting is compressed there is an intensification of consciousness towards global interests, such as selective ordering, running parallel with strongly influential autonomous interests of the nation state and regional concerns. However, as risk and security disproportionately motivate globalisation, dominant nation state interests (which are at the heart of what operationalises global hegemony) become the prevailing measure of global ordering. Attitudes to ‘harm’ converge around these sectarian interests from the local to the global. As such, the need to torture, it is logically and even ‘legally’ argued, to better ensure domestic …
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Michigan Law Review
Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …
Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael
Professor Katina Michael
This 800+ page handbook is divided into eight parts and contains thirty chapters, ideal for either an advanced undergraduate or graduate course in security. At the heart of this handbook is how we might go about managing both physical and cyber infrastructures, as they continue to become embedded and enmeshed, through advanced control systems, and new computing and communications paradigms.
Privacy And Pension Plan Records: Is Self-Regulation Sufficient?, Michael J. Francis
Privacy And Pension Plan Records: Is Self-Regulation Sufficient?, Michael J. Francis
Marquette Elder's Advisor
The confidentiality of employee' pension information is being threatened by changes in the design of qualified retirement plans and advances in data-processing and Internet technology. Despite the passage of recent laws aimed at protecting privacy, the author suggest that more may need to be done to ensure that personal financial information remains secure.
Who Decides On Liberty?, Thomas P. Crocker
Who Decides On Liberty?, Thomas P. Crocker
Faculty Publications
Whether approached as a matter of executive discretion, judicial role, or individual rights, questions about security are never far removed from questions about liberty. Tradeoffs between liberty and security often seem unavoidable. Defenders of unbounded executive power argue that security relies on experts to whom citizens and courts alike must defer. But, if the tradeoff between security and liberty is to be a real weighing of the risks, costs, benefits, burdens, and consequences of various policy decisions, then who has the necessary expertise to decide on liberty? After all, to make decisions about the appropriate balance between security and liberty …
Book Review Of Hacking: The Next Generation (Written By Nitesh Dhanjani, Billy Rios & Brett Hardin), Katina Michael
Book Review Of Hacking: The Next Generation (Written By Nitesh Dhanjani, Billy Rios & Brett Hardin), Katina Michael
Professor Katina Michael
Hacking: The Next Generation demonstrates just how hackers continue to exploit “back doors”. New ways of working and new ways of communicating have meant that the number of attack vectors continue to rise rapidly. This provides hackers with a greater number of opportunities to penetrate systems using blended approaches while organizations struggle to come up to speed with the latest technology developments and commensurate security capabilities. Dealing with anticipated threats is a lot harder than dealing with known threats.
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
Dan Subotnik
No abstract provided.
Contractual Structure Of Structured Notes And Legal Characterisation Of Non-Discretionary Trust, Christopher Chao-Hung Chen
Contractual Structure Of Structured Notes And Legal Characterisation Of Non-Discretionary Trust, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article argues that if a structured product is documented as “notes”, it should be deemed as “securities” under the Securities Exchange Act in Taiwan. It should be regulated issuance, purchase or brokerage activities under securities regulations, if a structured note is issued directly in Taiwan or if a domestic investor authorized a securities broker to have it purchased in a foreign country on his behalf,. In addition, even if one invests in structured notes issued by a foreign company via a non-discretionary trust with a commercial bank, this activity should still constitute sales of foreign securities; and thus it …
Book Review: Securing The Cloud: Cloud Computer Security Techniques And Tactics, Katina Michael
Book Review: Securing The Cloud: Cloud Computer Security Techniques And Tactics, Katina Michael
Associate Professor Katina Michael
With so much buzz around Cloud Computing, books like this one written by Winkler are much in demand. Winkler’s experience in the computing business shines through and as readers we are spoiled with a great deal of useful strategic information- a jam packed almost 300 page volume on securing the cloud.
Security, Gender And Post-Conflict Reconstruction: The Need For A “Woman Question” When Engaging In Reconstruction, Isaac Kfir
Isaac Kfir
In the field of post-conflict reconstruction, gender-related issues are mostly analyzed through a legal or a development paradigm. These conditions, coupled with a general disinclination by the international community—the industrialized, western countries—to challenge cultural norms, whether real or imagined, allows for a security-first and/or a security-development nexus to take precedence regarding post-conflict reconstruction. This paper advances the argument that by viewing gender issues as existential to the security of a state transitioning out of conflict, as opposed to viewing gender as a development or a legal issue, makes it possible to engage in real reconstruction, which means addressing the gender …
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Pepperdine Law Review
The privatization of public water services in the United States has grown dramatically in recent years in response to political and ideological interest in privatizing public services, arguments about economic efficiencies, and the realities of overwhelming public costs related to water quality standards, infrastructure upgrade needs, and operational complexities. Many states have expressly enacted statutes authorizing municipalities to transfer services, operation and management, and even ownership of public water systems to private firms. This article systematically evaluates the status of water privatization in the U.S., the legal authority for privatization and its limits, and the most common and significant issues …
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman
Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Icy/Hot: Norwegian And Finnish Policy Toward The European Union, Mia Bennett
Icy/Hot: Norwegian And Finnish Policy Toward The European Union, Mia Bennett
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Interoperable Electronic Healthcare Record: A Case For Adoption Of A National Standard To Stem The Ongoing Healthcare Crisis, Deth Sao, Amar Gupta, David A. Gantz
Interoperable Electronic Healthcare Record: A Case For Adoption Of A National Standard To Stem The Ongoing Healthcare Crisis, Deth Sao, Amar Gupta, David A. Gantz
Deth Sao
Interoperable electronic health records (EHR) have the capacity to deliver health care at optimal costs and quality in the United States, but current private and public initiatives have delayed nationwide implementation by failing to overcome several obstacles. These obstacles include: widespread reluctance in adopting health information technology (HIT); differing technical and semantic standards for communication between vendor systems; and legal challenges, which are mainly based on liability, privacy, and security concerns. This paper examines these challenges and the inadequacies of current HIT-EHR implementation strategies, questioning in particular the validity of privacy and security-based concerns. A comparison with the U.S. finance …
Deposit Accounts Under The New World Order, Ingrid Michelsen Hillinger, David Line Batty, Richard K. Brown
Deposit Accounts Under The New World Order, Ingrid Michelsen Hillinger, David Line Batty, Richard K. Brown
Ingrid Michelsen Hillinger
The new world is upon us. Repent. Revised Article 9 is the law in every state. Commercial deposit accounts are now available as original collateral. Bringing commercial deposit accounts into the Article 9 fold significantly complicates the planning of an Article 9 secured transaction. Attorneys for banks, non-bank creditors and debtors need to understand the new world order and the risks it poses to their clients. They need to develop strategies to minimize those risks so as to protect their clients' positions. Part II of this article describes the new legal framework and some of the risks it creates. Part …
Book Review: Security Risk Management: Building An Information Security Risk Management Program From The Ground Up, Katina Michael
Book Review: Security Risk Management: Building An Information Security Risk Management Program From The Ground Up, Katina Michael
Associate Professor Katina Michael
In an age of outsourcing tasks that are not considered to be a core competency of the business, organisations have often relied on external consultants for matters pertaining to security. In actual fact, most companies could have utilized existing skill-sets in-house to produce a security risk management program, if only they knew what steps to take, and how to go about it all. Evan Wheeler in his book on information security risk management does just that- he equips professionals tasked with security, with the thinking required to create a program that is more preoccupied with the complex strategic-level questions than …
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
Post-3.11 Australia-Japan Co-Operation: Facing Non-Traditional Security Challenges: Items Of Sentimental Value, Anne A. Collett
Post-3.11 Australia-Japan Co-Operation: Facing Non-Traditional Security Challenges: Items Of Sentimental Value, Anne A. Collett
Faculty of Law, Humanities and the Arts - Papers (Archive)
To those for whom this talk and the photographs that accompany it may cause distress, I apologise, and hope that what I have to say will be taken in the spirit intended - that is, as a tribute to those who worked to find ways to alleviate distress, heal wounds, offer comfort and repair damage. This talk offers me (and I hope you as an audience) an opportunity to think through the meaning of 'connection', and the meaning of photographs, their relationship to collective memory and community, and their capacity to allow survivors and those who witness tragedy intimately or …
Ua12/8 Annual Campus Security And Fire Report, Wku Police
Ua12/8 Annual Campus Security And Fire Report, Wku Police
WKU Archives Records
This report is designed to provide students, prospective students, parents, faculty, and staff with accurate crime statistics, information on university services, and crime prevention programs. These programs are designed to help inform our campus community about safety practices that will help reduce the risk of becoming a victim of crime. These safe practices can provide individuals with vital information that they can carry with them through college and beyond, keeping them safe for the rest of their lives.
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Detention Debates, Deborah N. Pearlstein
Detention Debates, Deborah N. Pearlstein
Michigan Law Review
Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …