16Feb

The Third Amendment, Privacy and Mass Surveillance

Categories: Online

By Steven I. Friedland “The world isn’t run by weapons anymore, or energy, or money. It’s run by little ones and zeroes, little bits of data. It’s all just electrons.”[1] We live in an era of mass surveillance. Advertisers, corporations and the government engage in widespread data collection and analysis, using such avenues as cell phone […]

Tags: Fourth Amendment Privacy Third Amendment

3Dec

Nigger, Please!

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By Gregory S. Parks During the week of 2 September 2013, two federal courts—the Southern District of New York and the United States Court of Appeals for the Eleventh Circuit—handed down striking opinions.[1] In a nutshell, they both held that where a black employee/supervisor refers to black (or biracial) coworkers/supervisees with the use of the n-word, there […]

Tags: Civil Rights Title VII

7May

Florida v. Jardines: Why the Supreme Court Did Not Say Trespass

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By Bradley Pollina Introduction The Supreme Court recently handed down its decision in Florida v. Jardines,[1] affirming by a 5-4 vote the Florida Supreme Court’s ruling[2] that the police’s use of a trained narcotics detection dog on the front porch of a home is a “search” within the meaning of the Fourth Amendment. This case is the first time […]

Tags: Fourth Amendment Search Supreme Court

15Feb

Justice Thomas and Affirmative Action: Bad Faith, Confusion, or Both

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By Eric J. Segall The Supreme Court recently heard arguments in Fisher v. University of Texas at Austin,[1] a lawsuit challenging racial preferences used by the University of Texas to admit a diverse undergraduate class. Although there are a number of uncertainties about the case—that is, will Justice Kennedy vote with the conservatives to end once and for […]

Tags: Affirmative Action Supreme Court

22Jan

Why Police Learn from Third-Party Data

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By Randall K. Johnson Introduction Does lawsuit data collection deter police misconduct lawsuits? One might think so, judging from recent scholarship on police accountability and deterrence.[1] The best of this work argues that police learn from lawsuit data collection, without actually proving the point.[2] While I agree with the premise that law enforcement agencies may learn from better […]

Tags: Civil Rights Data

22Nov

(Non)Gambling Corruption in Sports

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By Ryan M. Rodenberg The Professional and Amateur Sports Protection Act (“PASPA”), a federal statute banning state-sponsored sports gambling nationwide except in Nevada, Delaware, Oregon, and Montana, celebrated its twentieth anniversary on October 28, 2012.[1] If New Jersey voters and the state’s governor have their way, PASPA will not reach its twenty-first birthday. On January 17, […]

Tags: Gambling

7Nov

Social Networking and Leadership Accountability in (Quasi) Secret Organizations

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By Gregory S. Parks Introduction Almost a century ago, United States Supreme Court Justice Louis Brandeis articulated an insightful analysis in a Harper’s Weeklyarticle titled What Publicity Can Do.[1] He noted that “[p]ublicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”[2] Justice […]

Tags: Social Networking

22Apr

Beer v. the First Amendment: the Troubling Implications of the Fourth Circuit’s Decision in Swecker

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By Robert Samuel American universities are known both for their students’ enthusiasm for alcohol and for producing popular student-run newspapers.{{1}}But is there a connection between alcohol consumption and student media? The Virginia Beverage Control Board (“VBCB”), an agency of the Commonwealth of Virginia, said “yes.” To counter this perceived problem, the VBCB promulgated a regulation that […]

Tags: Alcohol First Amendment Free Speech Newspaper

13Apr

For Schools, Bullying Can Raise a Complex Constitutional Problem

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By Francisco M. Negrón, Jr. Ask anyone to talk about bullying and schools and he or she will inevitably mention the Internet as a root cause. The conversation is sure to include talk of perpetrators, victims, and what schools need to do to keep children safe. This conversation is legitimate and understandable. Indeed, ensuring safe environments […]

Tags: First Amendment Free Speech

3Apr

The Myth of Perfection

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By Derek E. Bambauer Cyberlaw is plagued by the myth of perfection. Consider three examples: censorship, privacy, and intellectual property. In each, the rhetoric and pursuit of perfection has proved harmful, in ways this Essay will explore. And yet the myth persists—not only because it serves as a potent metaphor, but because it disguises the policy […]

Tags: Data Intellectual Property Privacy

9Mar

Reading Over Your Shoulder: Social Readers and Privacy Law

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By Margot Kaminski My friends, who are generally well educated and intelligent, read a lot of garbage. I know this because since September 2011, their taste in news about Justin Bieber, Snooki, and the Kardashians has been shared with me through “social readers” on Facebook.{{1}} Social readers instantaneously list what you are reading on another website, […]

Tags: First Amendment Privacy

9Dec

The Case Against an International Cyber Warfare Convention

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By Lawrence L. Muir, Jr. Introduction Over the past five years, a number of academic articles have called for the creation of an international convention to govern the rules, rights, and responsibilities of nations in cyber warfare and information operations.{{1}} Although cyber warfare by its nature is an international issue, the articles fail to recognize […]

Tags: International Law

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