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Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo 2021 University of San Diego

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address ...


Municipal Fiber In The United States: A Financial Assessment, Christopher S. Yoo, Jesse Lambert, Timothy P. Pfenninger 2021 University of Pennsylvania Carey Law School

Municipal Fiber In The United States: A Financial Assessment, Christopher S. Yoo, Jesse Lambert, Timothy P. Pfenninger

Faculty Scholarship at Penn Law

Despite growing interest in broadband provided by municipally owned and operated fiber-to-the-home networks, the academic literature has yet to undertake a systematic assessment of these projects’ financial performance. To fill this gap, we utilize municipalities’ official reports to offer an empirical evaluation of the financial performance of every municipal fiber project in the U.S. operating in 2010 through 2019. An analysis of the actual performance of the resulting fifteen-project panel dataset reveals that none of the projects generated sufficient nominal cash flow in the short run to maintain solvency without infusions of additional cash from outside sources or debt ...


Should The Dead Bind The Living? Perhaps Ask The People: An Examination Of The Debates Over Constitutional Convention Referendums In State Constitutional Conventions, John J. Liolos 2021 The University of Akron

Should The Dead Bind The Living? Perhaps Ask The People: An Examination Of The Debates Over Constitutional Convention Referendums In State Constitutional Conventions, John J. Liolos

Akron Law Review

Should the United States of America have a constitutional convention? Thomas Jefferson would maintain that one is long overdue; James Madison would argue the contrary. These two luminaries of American constitutional thought took sides in a stirring debate on a fundamental question in constitutionalism: should the dead bind the living? Jefferson advocated for recurrent recourse to the people by holding constitutional conventions in each generation. James Madison disagreed, arguing that stability and constitutional veneration, among other factors, were paramount. Most recall Madison as having won the debate. But at least 18 states throughout American history have adopted a Jeffersonian model ...


Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor 2021 University of Pennsylvania Carey Law School

Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor

Faculty Scholarship at Penn Law

The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this paper, we canvas the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication ...


Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones 2021 University of Arkansas, Fayetteville

Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones

Journal of Food Law & Policy

Due to Congress' recent agenda, oenophiles throughout the country are up in arms about the possible threat to their beloved wine. Wine lovers and other alcohol enthusiasts face the very real fear that access to their favorite products may soon be heavily restricted. This is in large part attributed to the fact that House Resolution 1161 would effectively change the ways in which states regulate alcohol shipment. The possible implications of this bill range from the forced shutdown of many wineries and distilleries due to lack of funding, to the smaller effects of regulation such as the inability of customers ...


Public Utilities Commission, Madison Orcutt, Rachel Rockwell, Tristan Stidham, R. C. Fellmeth, Bridget Fogarty Gramme 2021 University of San Diego

Public Utilities Commission, Madison Orcutt, Rachel Rockwell, Tristan Stidham, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Masthead, 2021 University of San Diego

Masthead

California Regulatory Law Reporter

No abstract provided.


Key, 2021 University of San Diego

Key

California Regulatory Law Reporter

No abstract provided.


A Scriptural And Scholarly Basis For Engaging The Political Arena, Gary Ball 2021 Liberty University

A Scriptural And Scholarly Basis For Engaging The Political Arena, Gary Ball

Diligence: Journal of the Liberty University Online Religion Capstone in Research and Scholarship

Abstract

Historically, Americans have viewed church and state as incompatible, if not mutually exclusive, cultural arenas. Generally, throughout America’s history, pulpits and sanctuaries, church classrooms, and Christian small groups have rightly held their focus on Scripture. Yet, in small groups, and in other venues, Christians lament the ungodly behaviors of politicians, and their variously godless, pagan, and deplorable views.

As Ed Dobson, John MacArthur, and Cal Thomas faithfully emphasize, we are to go and preach the gospel (Mt 28:19-20; Acts 1:8). Also, prayer holds a supreme and supernatural power. Prayer circles rightly pray for politicians. Yet, in ...


The Impact Of Marijuana Decriminalization On Legal Permanent Residents: Why Descheduling Marijuana At The Federal Level Should Be A High Priority, Michelle A. Kain 2021 Boston College Law School

The Impact Of Marijuana Decriminalization On Legal Permanent Residents: Why Descheduling Marijuana At The Federal Level Should Be A High Priority, Michelle A. Kain

Boston College Law Review

Although the federal government has remained firmly committed to prohibiting marijuana, many states have legalized the drug for either medical or recreational use. Others have merely decriminalized it, lowering the penalties associated with its use such that defendants charged with marijuana-related offenses are less likely to face incarceration. Most Americans stand to benefit from this change, as it means they face fewer meaningful consequences within the criminal justice system. By contrast, noncitizen offenders, including legal permanent residents (LPRs), may actually be disadvantaged by it. For example, LPRs living in jurisdictions that have decriminalized marijuana may mistakenly believe that it is ...


A State-Level Response To Ineffective Federal Place-Based Investment Tax Incentives, Michelle Chaing Perry 2021 Boston College Law School

A State-Level Response To Ineffective Federal Place-Based Investment Tax Incentives, Michelle Chaing Perry

Boston College Law Review

Using tax expenditures, the federal government can deploy economic incentives to alter our choices in the service of public policy goals. Doing so reduces not only federal but also state tax revenue because state tax law often conforms to definitions of income contained in the Internal Revenue Code. State governments, however, may not have the same goals as Congress, so tax incentives implemented nationally may not always be a good fit for states. This Note focuses on tax expenditures directing private investments into low-income neighborhoods, known as federal place-based investment tax incentives. It argues that because their impact is ambiguous ...


Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law

Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko

Nevada Law Journal Forum

With incidences of high-profile mass shootings as well as daily gun violence continuing to rise throughout the United States, Nevada residents cannot help but wonder what the state is doing to stop and to prevent future incidents. Nevada has historically had permissive gun laws, being part of the “Wild West,” but in modern days, particularly since the 1 October shooting, Nevada legislators have enacted more gun laws. Additionally, judges and justices in Nevada courts have had to interpret new and old gun laws in novel ways, due to living in the modern era where gun violence seems to be the ...


Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault 2021 Buffalo Law Review

Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault

Buffalo Law Review

In the era of metal straws, reusable grocery bags, and glass water bottles, there is no doubt society is becoming more and more environmentally conscious. This ecological ethos has manifested itself inhuge policy shifts away from traditional fossil fuel energy and toward renewable energy, such as wind and solar power. Lawmakers throughoutthe world are making agreements and commitments aimed at decreasingreliance on fossil fuels. In the United States, New York State has taken a leading role in the quest toward renewable energy. With New York State’s ambitious climate goals, though, have come serious encroachments on powers traditionally held by ...


Executive Unilateralism And Individual Rights In A Federalist System, Meredith McLain, Sharece Thrower 2021 William & Mary Law School

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower

William & Mary Bill of Rights Journal

Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all ...


No Time To Waste: Can A State Prevent Nuclear Waste Transportation Within Its Borders Once Yucca Mountain Becomes Operational?, Ryan Franklin 2021 William & Mary Law School

No Time To Waste: Can A State Prevent Nuclear Waste Transportation Within Its Borders Once Yucca Mountain Becomes Operational?, Ryan Franklin

William & Mary Environmental Law and Policy Review

Following the drop of the first atomic bomb over Hiroshima on August 6th, 1945, the United States seriously began contemplating the use of atomic energy not just as a weapon, but as an efficient energy source. President Eisenhower delivered his “Atoms for Peace” speech in front of the United Nations eight years later, effectively launching a massive American campaign to build numerous nuclear power plants to generate enough clean energy to power the entire nation. As these plants were being constructed, however, policymakers and lawmakers who were champions of this endeavor failed to consider the problem of nuclear waste generated ...


Congestion Pricing And The Opportunity To Confront New York City's Air Quality Emergency, Chad Hughes 2021 William & Mary Law School

Congestion Pricing And The Opportunity To Confront New York City's Air Quality Emergency, Chad Hughes

William & Mary Environmental Law and Policy Review

Poor air quality in New York City is a public health emergency that disproportionately harms the city’s most vulnerable populations. Recent studies have found that exposure to particulate matter pollution previously thought “safe” causes significant damage to perhaps every organ of the human body. While New York City has reduced particulate matter exposure over the last decade, progress has stalled. In fact, climate change, the shift in the automobile market from sedans to SUVs and “light” trucks, and the federal pullback of environmental enforcement under Trump suggest that air pollution in New York City is likely to worsen.

While ...


Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card 2021 Michigan State University, East Lansing

Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card

Journal of Food Law & Policy

Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation ...


Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan 2021 University of Washington School of Law

Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan

Washington Law Review

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be ...


A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, Noah Sexton 2021 Brooklyn Law School

A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, Noah Sexton

Journal of Law and Policy

Town and village justice courts have been the center of municipal law, both civil and criminal, since the mid-nineteenth century. However, in the modern world, they have become corrupt, poorly managed institutions, creating issues involving procedural integrity and civil rights. In order to remedy these failures and modernize the New York State Unified Court System, state legislators must look to the district court model as it currently exists in Nassau and Eastern Suffolk Counties. The district court model offers several benefits, including the imposition of educational and experiential requirements for judges, the creation of internal and external oversight institutions, the ...


Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson 2021 Brooklyn Law School

Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson

Journal of Law and Policy

Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui ...


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