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The Increasing Prevalence of Cyber Operations and the Inadequacy of International Law to Address Them
Get PDFThis paper is a synthesis research article analyzing the legality of cyber operations within the international legal sphere. It works to define cyber operations and differentiate them from similar identifiers. The study looks to existing contributions to international law and explores how some existing some existing regulation is challenging to apply and it is difficult to implement new legislation. Highlighting the importance of legislation and regulations on cyber operations due to their increasing prevalence and danger
Enforcement in Human Rights Due Diligence Laws: A Comparative Analysis
Get PDFThis Comment embarks on a comparative analysis of a variety human rights due diligence (HRDD) laws. It examines six different laws related to human trafficking and supply chains. These laws originate from five different countries and fit into two categories: (1) laws requiring a company to report what, if any, human rights due diligence it engages in and (2) laws that require more than just reporting. By surveying a wide sample of HRDD laws, this Comment provides a broad overview of this area of the law. It also describes the range of legal obligations that multinational enterprises face in different jurisdictions. Then, through a comparative analysis, this Comment argues for strong enforcement mechanisms in HRDD laws. Without effective enforcement, this Comment contends that HRDD laws fail to compel corporations to effectively reduce human rights violations, such as human trafficking, in their supply chains
Getting It “Right”: Educators’ Experiences With School Diversity in a Gentrifying Neighborhood
Get PDFSchools in gentrifying neighborhoods often experience demographic changes in enrollment. The purpose of this qualitative holistic case study is to describe how leaders and teachers in a diversifying elementary school in a gentrifying neighborhood perceive and experience diversity. Drawing on Turner’s value of diversity framework, we use inductive coding to analyze interviews and also use documents to inform our findings. Although Greenleaf was striving to be intentionally diverse, consensus did not exist about the meaning of “diversity” or the desired form of diversity. Challenges associated with decentering Whiteness and resisting upholding the racial contract existed as educators worked to establish a shared mission, ensure diverse staff voice and representation with a White leader, and navigate complications of power and privilege among White families. Educators highlighted the value of diversity for developing students’ multicultural capital and global cosmopolitanism as well as the collective benefit of reducing divisiveness for our nation
Requiem for the EU: The Internal Costs of the Brussels Effect and the Digital Services Act as Case Study
Get PDFThe high levels of regulation of the European Union (EU) have been praised as a means of maintaining Europe’s relevance and influence on a global scale, which Professor Anu Bradford has termed “the Brussels Effect.” However, these pervasive regulations can also be characterized as roadblocks to Europe’s own economic growth and threats to its own commitment to democratic values. This paper will survey several ways in which Europe’s pervasive regulations are impacting its long-term wellbeing and then specifically examine a new EU regulation in the tech sector: The Digital Services Act
Campaign Finance Reform at the State Level
Get PDFShould restrictions on campaign financing in the United States be laissez-faire or stringent? This debate has been had at levels as high as the Supreme Court and as wide as the legislative chambers of all fifty states. This paper aims to create a broader understanding of campaign finance reform at the state level. Specifically, this paper analyzes state-level data on campaign finance reform adoption, educational attainment, and partisan lean to determine the strength of correlations between these variables. Additionally, this paper utilizes expert knowledge gained through interviews focused on campaign finance reform with a former FPPC chair and a California Mayor. The quantitative, data-driven findings of this paper suggest that campaign finance reform is only weakly correlated with Democratic lean and even less so with educational attainment, meanwhile, both independent variables were highly correlated with each other. These quantitative results run contrary to the paper’s hypotheses, which suggest that both independent variables, Democratic lean and educational attainment, would be strongly correlated with strong campaign finance reforms. These results indicate that the tested variables are not strong predictors of the direction of campaign finance reform in a given state, and further research will be needed to investigate the factors influencing whether a state implements strong or weak campaign finance reforms. The qualitative, expert interview driven findings of this paper suggest some answers to the questions created by the quantitative findings. Both experts opined that the tested variables may have some relationship with campaign finance reform adoption, however, they saw other factors as more likely to be controlling. The experts suggested that the more powerful factors determining whether a state legislates campaign finance reform are pressures from minority parties within states, the beliefs of prominent statewide candidates on the issue, and the popularity of reform. Undoubtedly, more research is needed to expand the breadth of knowledge and explain why some states implement stronger campaign finance laws than others
Meet Your Inner Child and Awaken Your Highest Self: Reprogram the Childhood Code Stopping You From Living as Your Highest Self
No full textWhat if the patterns from your childhood are the very thing holding you back from living in alignment with your highest self? ln Meet Your Inner Child and Awaken Your Highest Self, you are invited to uncover and reprogram the childhood codes that have shaped your life. This transformative workbook takes you on a healing journey to reconnect with your inner child, release emotional and ancestral wounds, and step into your most empowered timeline. Childhood is a formative time which creates your self-concept and world view therefore what you believe is possible.
Through practical tools, emotional insights, and cosmic wisdom, this guide will help you regulate your emotions, set boundaries, reparent yourself, and co-create a life of authenticity, abundance, and purpose.
Your inner child is waiting – are you ready to meet them
Pleading with Particularity: Decoding When Computer Fraud and Abuse Act Claims Must Comply with Rule 9(b)
Get PDFThe primary tool for litigating cybercrimes is the Computer Fraud and Abuse Act (CFAA), which Congress enacted in 1984 following increased computer misuse. Since its debut, the CFAA has undergone a series of amendments. The most noteworthy of which for civil litigators came in 1994 when Congress enacted a civil penalty for cybercrimes. Part of this penalty includes 18 U.S.C. § 1030(a)(4), which prohibits fraudulent conduct in connection with computer usage. In recent years, litigators have weaponized § 1030(a)(4) to challenge a variety of conduct, most of which has nothing to do with cybercrimes. These filings have split district courts across the country, as judges cannot agree if a heightened pleading standard applies to CFAA claims alleging “fraud.” For example, § 1030(a)(4) has become the second-most-used provision in civil CFAA cases, but most district courts have declined to apply Federal Rule of Civil Procedure 9(b) to § 1030(a)(4). This fact is alarming, as Rule 9(b) uniformly applies to allegations of fraud. In failing to properly apply Rule 9(b), district court judges have allowed cases to be erroneously filed and decided in federal courts, empowering savvy civil litigants to use § 1030(a)(4) solely as a hook for subject matter jurisdiction. To combat this phenomenon, this Comment surveys fifty-one cases and scrutinizes various district court approaches. After also considering analogous areas of law, doctrinal concerns, and principles of statutory interpretation, this Comment concludes that courts should adopt a hybrid approach, looking to the unique facts of each case when determining if Rule 9(b) applies to CFAA claims. While no appellate courts have addressed this issue, this Comment outlines how adopting the proposed hybrid approach is consistent with the “sounds in fraud” framework adopted by every circuit court in the country. Thus, to promote stare decisis, this Comment urges courts to adopt a hybrid approach when determining whether Rule 9(b) applies to § 1030(a)(4)
The Power of Procedure: Uncovering the Gap in U.S. Privacy Rights
Get PDFAs Congress faces increasing pressure to adopt comprehensive privacy legislation, this Article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for domestic privacy rights and international data flows. This Article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Jus tice for the European Union will strike down the latest U.S.-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic flow of personal data) over U.S. national security practices, we highlight another problem. This Article is the first to show why the agreement may fail due to insufficient procedural safeguards. Ultimately, we join others in calling for U.S. privacy laws to include a private cause of action with the ability to pursue class action lawsuits. However, this Article also offers an original set of remedies compromises, such as relying on unjust enrichment and introducing judicial safeguards to prevent disproportionate damages awards. These reforms aim to strike a balance and gain broad support among policymakers for new federal and state privacy legislation. If adopted, these reforms should enhance privacy rights in the U.S. while also helping to ensure the continued transatlantic flow of personal data