Law Commons^™

Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi

Master's Theses

The aim of this study is to examine the root causes of forced evictions and displacement through the current urbanization process in Lagos, Nigeria. My particular attention is devoted to the legal complexities and how ethnolinguistic identities shape land laws, influence land tenure, and construct urban citizenship. Through this process, competing claims to land ownership provide fertile ground for forced evictions and displacement. Existing scholars suggest that poor urban residents lack rights to stay in their neighborhoods, while a powerful capitalist class has emerged and dispossessed the poor from their lands. Yet these existing approaches derived from the neoclassical and …

The Blurred Blue Line: Municipal Liability, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teresa E. Ravenell, Armando Brigandi

Villanova Law Review

No abstract provided.

Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot

Villanova Law Review

No abstract provided.

Fines: The Folly Of Conflating The Power To Fine With The Power To Tax, Mildred Wigfall Robinson

Villanova Law Review

No abstract provided.

In Police We Trust, Rachel Moran

Villanova Law Review

No abstract provided.

The Effects Of A Mandatory Body-Worn Camera Policy On Officer Perceptions Of Accountability, Oversight, And Departmental Culture, Jordan M. Hyatt, Renee J. Mitchell, Barak Ariel

Villanova Law Review

No abstract provided.

The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf

International Journal of Nuclear Security

Nowadays, a security regime for protecting nuclear and radiological material—providing an intelligent national regulatory institution and establishing national security laws—is necessary in order for a state to ensure security of nuclear and radiological materials used within its borders.

This paper focuses on discussing the opportunities and challenges facing the future of nuclear security after the creation of the new Moroccan Agency of Nuclear and Radiological Safety and Security.

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice his …

Is There A Right To Life For The Colorado River?, Reed D. Benson

Faculty Scholarship

A recent lawsuit, declaring the Colorado River has legal rights of its own, received national attention in the New York Times and High Country News. While the lawsuit had no chance of success, it highlighted important issues.

Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary

William & Mary Bill of Rights Journal

This Article addresses touch DNA, chemical analysis of skin traces, and the implications for crime scene investigation, arguing that changes in how trace evidence is analyzed require alterations in the law’s approach to its use. Part I discusses the history of traditional DNA analysis. Part II examines the emergence of touch DNA and related technologies and how they differ from traditional DNA analysis. Part III outlines the specific risks created by the collection and storing of results under the current outdated jurisprudence. Part IV focuses on specific risks to suspects and victims of crime. Part V proposes a legal framework …

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn

William & Mary Bill of Rights Journal

Terry v. Ohio’s “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism. …

Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, Emily J. Heltzel

William & Mary Bill of Rights Journal

No abstract provided.

Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison

William & Mary Bill of Rights Journal

When the government investigates a crime, do citizens have a duty to assist? This question was raised in the struggle between Apple and the FBI over whether the agency could compel Apple to defeat its own password protections on the iPhone of one of the San Bernardino shooters. That case was voluntarily dismissed as moot when the government found a way of accessing the data on the phone, but the issue remains unresolved.

Because of advances in technology, software providers and device makers have been able to develop almost impenetrable protection for their customers’ information, effectively locking law enforcement out …

The Fourth Amendment Disclosure Doctrines, Monu Bedi

William & Mary Bill of Rights Journal

The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-standing hurdles to Fourth Amendment protection. These doctrines have become increasingly relevant to assessing the government’s use of recent technologies such as data mining, drone surveillance, and cell site location data. It is surprising then that both the Supreme Court and scholars, at times, have associated them together as expressing one principle. It turns out that each relies on unique foundational triggers and does not stand or fall with the other. This Article tackles this issue and provides a comprehensive topology for analyzing the respective contours of each …

Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward

William & Mary Bill of Rights Journal

No abstract provided.

Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu

William & Mary Bill of Rights Journal

This Essay describes emerging big data technologies that facilitate horizontal cybersurveillance. Horizontal cybersurveillance makes possible what has been termed as “sentiment analysis.” Sentiment analysis can be described as opinion mining and social movement forecasting. Through sentiment analysis, mass cybersurveillance technologies can be deployed to detect potential terrorism and state conflict, predict protest and civil unrest, and gauge the mood of populations and subpopulations. Horizontal cybersurveillance through sentiment analysis has the likely result of chilling expressive and associational freedoms, while at the same time risking mass data seizures and searches. These programs, therefore, must be assessed as adversely impacting a combination …

Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal

William & Mary Bill of Rights Journal

In at least two recent cases, courts have rejected service providers’ capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular third-party litigant could not. In the situations presented by the recent cases, by …

Why France Needs To Collect Data On Racial Identity... In A French Way, David B. Oppenheimer

David B Oppenheimer

No abstract provided.

Negligent Discrimination, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

Kennedy, King, Shuttlesworth And Walker: The Events Leading To The Introduction Of The Civil Rights Act Of 1964, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

Mcdonnell Douglas Corp. V. Green Revisited: Why Non-Violent Civil Disobedience Should Be Protected From Retaliation By Title Vii, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

Martin's March, David B. Oppenheimer

David B Oppenheimer

Discusses the significance of the 1964 Civil Rights Act. Role of Martin Luther King Jr. in desegregation demonstrations; Historical overview of the passage of the 1964 Civil Rights Act. INSET: More to be done..

Color-Blindness, Racism-Blindness, And Racism-Awareness: Revisiting Judge Henderson's Proposition 209 Decision, David B. Oppenheimer

David B Oppenheimer

An essay is presented on the approach of Honorable Thelton E. Henderson of the U.S. District Court to the class action device Proposition 209. It highlights the significance of Henderson's view of the class action as a mechanism to impose substantive rights as well as discusses the issue of color-blindedness, racism-blindness, and racism-awareness. The author notes that Henderson's decision illustrated how Proposition 209 developed a special barrier for minorities and women.

Employment Discrimination: Rightful Place Seniority Under Title Vii And Section 1981: The Teamsters Roadblock May Be Only A Detour, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

Trina Grillo - A Personal Rememberance, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

Exacerbating The Exasperating: Title Vll Liability Of Employers For Sexual Harassment Comitted By Their Supervisors, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

The Legality Of Promoting Inclusiveness: Why The University Of California May And Should Use Race And Ethnicity As Factors In Applicant Outreach, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.