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Modern-Day Slavery Ring Discovered on Georgia Farms: When Will it End?
Full text linkAlthough all people in the United States have fundamental human rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights (UDHR), not everyone can enjoy them equally. Many people, such as employers, blatantly disregard these core human rights and exploit their migrant workers. However, despite migrant workers being disproportionately vulnerable to abuse, it is not uncommon for migrant workers to be reluctant to report employers because of their fear of retaliation and their relatively poor position. These workers often do not speak the language, are in remote and segregated areas and are exploited through their immigration status. Employers are frequently in charge of their housing, transportation, pay, and ability to remain in the United States. As a result, these migrant workers are often at risk of deportation because their employers generally own and control their visa status
How General Data Protection Regulation Advances and Harmonizes the International Controller, Processor and Data Subject Contracts
Full text linkIn the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect personal data and ensure that individuals are still in control of their personal data. Data protection law also benefits governments and entities from cyber-attacks and being hacked. In 2015, criminals attacked the US Office of Personnel Management and stole 21.5 million sensitive personal records of federal employees and their family members. This kind of attack on governments and entities is frequently happening in recent years around the world and it highlights the importance of taking actions by governments and entities to secure individuals’ personal information.
Privacy right as an international human right is respected in many countries around the world. Privacy rights or private life is preserved in several important documents including the Universal Declaration of Human Rights (Article 12), the European Convention of Human Rights (Article 8), and the European Charter of Fundamental Rights (Article 7). European Union (“EU”) Treaties and Charter of Fundamental Rights have recognized privacy and data protection as two separate rights. Article 8 of the EU Charter contains an explicit right to personal data protection. Lisbon Treaty in 2009 gave the EU Charter the same legal value as the constitutional treaties of the EU. Therefore, all EU institutions, bodies, and states have to comply with the EU Charter. The EU Charter of Fundamental Rights gives individuals personal data protection right in all aspects of life including at home, at work, while shopping, when receiving medical treatment, at a police station, or on the Internet. Although individual countries in the EU through the function of data protection regulations try to improve data protection rights, there was still a need to determine a uniform law that governs all EU countries and individuals. In this context, it was necessary to create a more comprehensive legal environment to address globally data protection concerns, rather than just adopting regulations for individuals from specific EU countries
Evaluating the Effectiveness of Veterans Affairs Care in the Community Program
Full text linkThis research paper focuses on the effectiveness of the Veterans Affairs (VA) Care in the Community (CITC) program. This program is derived from the Mission Act of 2018, which allows Veterans to seek outside care through community providers if the VA cannot provide a primary or specialty care appointment within the established guidelines or if the Veteran lives farther than 40 miles from a VA facility. Recent studies surrounding this topic guided the literature review to discover the known issues and successes within the VA’s community care history. The research was conducted using a mixed-method approach in which qualitative and quantitative data was collected and analyzed to accept the hypothesis. Based on the findings of this study, the results validated the theory of change and assumptions. The data also displayed the high potential to negatively impact a large percentage of the 2 million CITC users the VA already has approved to use this program
The Legal and Regulatory Aspect of International Cybercrime and Cybersecurity: Limits and Challenges
Full text linkThe development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such as financial transactions, sexual offences, harassment and threatening behavior, and commercial damage and disorder.
Cybercrime is a transnational menace in the sense that it cuts across borders. The most critical challenges of the information society have been the security of digital data and information systems and the prevention of the malicious misuse of information communications technologies by cyber criminals, terrorist groups, or state actors. Measures to address these security challenges of the information society birthed a concept known as “cyber security”. Cyber security seeks to promote and ensure the overall security of digital information and information systems with a view to securing the information society. Thus, the concept is broadly concerned with social, legal, regulatory and technological measures that will ensure the integrity, confidentiality, availability and the overall security of digital information and information systems in order to achieve a high degree of trust and security necessary for the development of a sustainable information cyber space.
This dissertation contends that, on the one hand, International laws are behind in providing proper regulatory coverage for cybercrime, while, on the other hand, existing regulations have largely been unsuccessful in containing cyber security threats primarily due to complications caused by the disharmonization of cyber security laws and regulation. This dissertation also attempts to discuss the legal and regulatory aspects of cyber security in International law. An analysis of international, regional and national regulatory responses to cyber security in both developed and developing countries was made. It calls attention to the limits and challenges of these regulatory responses in the promotion of cyber security and explores several regulatory measures to address the highlighted challenges with a view to promoting global cyber security. It suggests several regulatory measures to enhance global cyber security and also emphasizes the need for the collective responsibility of states for global cyber security
California Consumer Protection Act (CCPA): Narrowing CCPA Exemptions Will Ensure Greater Privacy Protections
Full text linkThe California Consumer Privacy Act (CCPA) has been touted as a “landmark” and one of the “strictest digital privacy laws in the United States.” Californians for Consumer Privacy first sponsored the CCPA in 2018 as a ballot initiative. Soon after, the CCPA was introduced into the California Assembly as AB 375 and signed into law later that same year. The CCPA went into effect on January 1, 2020, granting California residents rights regarding their personal information collected and sold by businesses.
Privacy protections for California consumers will become even stronger once the California Privacy Rights Act (CPRA) goes into effect on January 1, 2023. The CPRA is an amendment to the CCPA that will expand the definition “businesses” subject to the law and introduce a new classification of protectable, personal information, among other changes.
In spite of being hailed as a “landmark” and for its “strict” protections, CCPA’s limitations render it far less protective of individuals’ privacy and therefore dramatically less effective than its European counterpart, the General Data Protection Regulation (GDPR). Notably, rights granted under CCPA apply only to consumers against businesses, a narrow band of for-profit entities that excludes many small and medium-sized businesses, non-profits, universities, government agencies, and health institutions. Unlike CCPA, the General Data Protection Regulation applies generally, as the name suggests, which includes the very types of entities excluded by the CCPA
Temporary Protected Status for Ukraine – how are countries selected for TPS and who qualifies?
Full text linkFollowing Russia’s invasion of Ukraine, Secretary Alejandro N. Mayorkas of the Department of Homeland Security (DHS) announced that Ukraine has been designated for Temporary Protected Status (TPS) for 18 months from April 19, 2022 to October 17, 2023. Eligible Ukrainian nationals who receive TPS are protected from deportation, allowed to live and work in the United States, and may be granted travel authorization. Under the designation of Ukraine, DHS estimates that roughly 59,000 individuals could be eligible to receive TPS. Despite the temporary nature of the program that allows TPS recipients to stay in the United States for a limited period of time, TPS can be extended indefinitely for additional periods of 6, 12 or 18 months by the DHS depending on the conditions of the designated country. Most TPS recipients from other designations have been living in the United States for decades
J.E.F.M. V. LYNCH: THE JURISDICTIONAL EXCLUSION OF LEGAL REPRESENTATION FOR IMMIGRANT CHILDREN
Full text linkThe border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases
Cybercrimes and the Rule of Law in West-Africa: The Republic of Cote d’Ivoire as a Case-Study.
Full text linkSince becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.
Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice system mute.
With the emergence of a new type of crimes taking place in cyberspace, there has been a logical need to enact new laws to protect the public using the added information and communication technologies (ICT). Over the past few years, multiple cyber-legislations have sprung-up all over Africa including in Cote d’Ivoire.
The fundamental question is to ask whether the enforcement of cybercrimes laws is more successful than the enforcement of traditional laws.
The problem of the enforceability of these cybercrime legislations is compounded by the very nature of cyberspace which is “borderless.” Faced with the complexity of those computer crimes taking place in the virtual space, do West-African countries in general and specifically Cote d’Ivoire have the infrastructure, the knowledge, and the workforce to efficiently investigate and prosecute cybercrimes?
This research tries to investigate, expose the theoretical inadequation between cybercrimes legislations and the enforcement capabilities of the Ivorian state, based on the deficiencies of enforcement of traditional laws and the need to stem the tide of corruption in general and specifically in the justice system.
This research uses the case-study method because case studies are in-depth investigations of a single person, group, event, or community. Our findings have confirmed our assumptions that the enforcement of cybercrime laws is flawed due to the lack of proper equipment, skills of law enforcement personnel, even though the country has put in place many agencies to fight against cybercrimes.
The social, cultural, political, and economical determinants that have always inhibited the fair and just enforcement of traditional laws is exerting the same kind of pressure on the capabilities of Law enforcement when it comes to the investigation and prosecution of cybercrimes in Cote d’Ivoire.
This research, far from being exhaustive, needs a follow-up research in the future when the country retrieves its past stability and social peace which will allow a more open cooperation between researchers and the different authorities leading the fight against cybercrimes
Increasing Affordable Housing in the City of Oakland
Full text linkThe growing San Francisco Bay Area economy and the increasing cost of living has exacerbated the region’s housing crisis placing Oakland at the center of the housing shortage, with a growing number of high-wage earners flocking to Oakland. The city’s housing shortage affects minorities, low-income residents, essential workers, and long-time residents leaving low-income residents and essential workers, displaced and unable to compete in the housing market. This research study explored how the City of Oakland can improve affordable housing accessibility to mitigate some of the current housing crisis. Three specific themes of scholarly literature and practitioner studies were examined and analyzed: (1) reforming land use and zoning policies, (2) redevelopment of vacant infrastructure, and (3) updating planning standards in accordance with SB-35. SB 35 is an accelerated approval and construction process of affordable housing in to meet city and county affordable housing goals. A quantitative and qualitative research design was used for this study. Quantitative and quantitative data was collected from respondents using a survey questionnaire. Qualitative data was collected via key informant interviews. The potential impact of this research could help the City of Oakland increase affordable housing, improve housing accessibility to decrease the displacement of longtime, low-income, elderly residents, and essential workers, and mitigate some of its housing crisis
Time for a New Form of Universal Basic Income
Full text linkUniversal Basic Income has gained more attention in the last few years and there are individuals who think it will work, and there are individuals who don’t. The difference between Universal Basic Income Programs and other public assistance programs is that Universal Basic Income programs are cash transfers with no conditions, no attachments or limitations of growth and available to everyone regardless of factors like societal or financial status. The difference between Universal Basic Income and Guaranteed Income is that Guaranteed Income pertains to a specific group or demographic and it is not available to everyone. Other public assistance programs are built to help but are only given to those selected even when many more need the assistance as well and have limitations for growth where people have to earn or stay within a certain societal or financial group to receive assistance. This paper will examine the need to implement supplemental income programs such as Guaranteed Income similar to Universal Basic Income and even possibly add it to current public assistance programs. This will help relieve and minimize challenges individuals endure to survive the cost of living in this country