The Cyber-Industrial Complex,
2016
Bemidji State University
The Cyber-Industrial Complex, Connor O’Malley
Political Science Theses and Capstones
When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …
Lawyers, Power, And Strategic Expertise,
2016
University of Oklahoma College of Law
Lawyers, Power, And Strategic Expertise, Colleen Shanahan, Anna Carpenter, Alyx Mark
Faculty Articles
This empirical study analyzes the experience of the parties described above, specifically the power, representation, and strategic expertise they bring to a dispute. Our analysis of these factors clarifies how representation may be a solution to the access to justice crisis. We find that a representative helps most parties most of the time. We also find that the other party’s representation and the representative’s strategic expertise are significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and deepest collection of …
Can A Little Representation Be A Dangerous Thing?,
2016
University of Oklahoma College of Law
Can A Little Representation Be A Dangerous Thing?, Colleen Shanahan, Anna Carpenter, Alyx Mark
Faculty Articles
Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and …
The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?,
2015
Bemidji State University
The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake
Political Science Theses and Capstones
The Obama Administration has come under scrutiny by both the public and Congress, since former National Security Agency (NSA) contractor Edward Snowden made known the scope of government surveillance programs being utilized by the U.S. government to gather intelligence on domestic citizens. Snowden’s disclosures about the government’s surveillance practices to the mainstream media began in June 2013. I focus on how public opinion towards the government’s surveillance practices and an individual’s reasonable right to privacy has shifted after revelations made by Edward Snowden on the practices of the NSA. Individuals may show support for more government surveillance in the name …
Towards Principles And Standards For The Benefit-Cost Analysis Of Safety,
2015
Vanderbilt University Law School
Towards Principles And Standards For The Benefit-Cost Analysis Of Safety, W. Kip Viscusi, Scott Farrow
Vanderbilt Law School Faculty Publications
Benefit-cost analysis (BCA) is frequently applied to decisions involving public safety which requires analyzing risk and assessing options to manage risks. Principles and standards may assist analysts, decision-makers, and the public in developing and interpreting such BCAs. Principles and standards at best represent commonly held views among a community of practice. Such views are continually evolving with advances in the field. This paper presents a modularized format towards principles and standards that may assist in focusing discussion and decisions about whether such proposals actually reflect principles and standards within the benefit-cost analysis community of practice. Among topics covered are welfare …
The Project Model Of Clinical Education,
2013
University of Oklahoma College of Law
The Project Model Of Clinical Education, Anna Carpenter
Faculty Articles
In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …
Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program,
2012
Bemidji State University
Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program, Chris Witt
Political Science Theses and Capstones
The purpose of my research is to determine what factors affect the outcome of the Vocational Rehabilitation and Employment program. Previous literature examines individuals from each state in various stages of the program to determine which factors cause their individual outcome. Although previous research covered a broad spectrum of factors there still remains a lack of significant evidence to determine the observed outcome. I added state expenditures to the previous data to attempt to determine whether or not there is a correlation between funding and the completion of the program. I used the Department of Veteran Affairs 2007 Veterans Employability …
Workplace Consequences Of Electronic Exhibitionism And Voyeurism,
2011
CUNY Hunter College
Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert
Publications and Research
The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …
Anatomy Of An Aggregate Settlement: The Triumph Of Temptation Over Ethics,
2011
Benjamin N. Cardozo School of Law
Anatomy Of An Aggregate Settlement: The Triumph Of Temptation Over Ethics, Lester Brickman
Articles
In an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dollar amount to be divided up by the lawyer among her multiple clients which may number in the hundreds and even thousands. Each client, therefore, is in competition with all of the lawyer’s other clients suing the same defendant for a share of the fixed sum. Rule 1.8(g) of the ABA Rules of Professional Conduct requires that each client give their informed consent to their allocation. To facilitate the settlement and the often quite substantial contingency fees to be earned, lawyers may mislead …
One Day, All Americans..: Considering A Tfa-Style Lawyer Corps,
2010
St. Mary's University School of Law
One Day, All Americans..: Considering A Tfa-Style Lawyer Corps, Gregory Zlotnick
Faculty Articles
This Note argues for the creation of a public interest recruiting and placement organization like Teach for America, in the tradition of Edgar and Jean Cahn's call for federally funded neighborhood legal services and TFA founder Wendy Kopp's call for the creation of a national teacher corps. Part I argues that such a recruiting and placement organization should be implemented now, in light of the constitutional and legal limitations of federally funded legal services; an excess supply of lawyers coupled with a disparity in those receiving legal services; cutbacks in public interest positions such as legal aid and public defender …
