The Catholic University of America Columbus School of Law
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Winning Daily Battles: The Life of a Political Lawyer
No full textOn February 27, The Catholic University Columbus School of Law (Catholic Law) hosted Brian Svoboda, partner, Perkins Coie LLP, and Director, Law and Public Policy Program, Catholic Law, as part of its Faith in Action lecture series. Elizabeth Kirk, Director of the Center for Law and the Human Person at Catholic Law, welcomed everyone and introduced Svoboda.
Svoboda’s address, entitled “Winning Daily Battles”, focused on the reception of divine grace when in the midst of his daily battles as a political lawyer. Emphasizing the powers of prayer and virtue, Svoboda discussed how he derived positive outcomes from even the most strenuous aspects of practicing law. While noting to a room full of law students that legal practice can cause stress and worry, he highlighted that even such worrying can be productive, specifically when framed within the context of following God’s will. Purpose-driven prayer—which he described as honest and persistent—can provide support for the lawyer trying to live authentically while maintaining the fiduciary role of an attorney, as living authentically within the public sphere requires approaching everything with charity, something achieved after turning to prayer for answers
The Great Synthesizer: Natural Rights, The Law Of Nations, And The Moral Sense In The Philosophical And Constitutional Thought Of James Wilson
Get PDFThis article argues that the key to understanding James Wilson, one of the leading architects of the Constitution and the first Supreme Court Justice to be sworn in, and yet arguably the most neglected and misunderstood figure from the founding generation, is as a great synthesizer of seemingly disparate philosophical and constitutional commitments. Drawing upon the natural rights tradition of early classical liberalism as envisioned by John Locke, Wilson insisted that the new federal government be as democratic and broadly reflective of We the People as possible. Drawing upon the law of nations tradition as articulatedp articularlyb y Cicero, he became one of the nation\u27s leading proponents of a strong, centralized federal government in order to form a more perfect union. And inspired by the concept of the moral sense and the innate sociality of the human person as discussed in the Scottish Enlightenment by Thomas Reid and Francis Hutcheson, he made clear that the blessings of liberty were contingent upon an active and engaged citizenry on the national level. By understanding this overlooked, synthetic quality of Wilson\u27s thought, we may better understand, in all its richness and complexity, the unique role Wilson played in America\u27s creation story, gain a new perspective on the original Constitution itself its achievements and flaws, and reconstruct a compelling constitutional theory that cut across the political alignment of the day but perhaps better anticipated subsequent constitutional development than any of the prevailing positions in 1787
Panel 2: Wearable Devices and Data Privacy Concerns
No full textMcKenna gave a brief overview and introduction to some of the types of wearable devices, as well as some of the data being collected by the companies that own them. She also touched on the concerns surrounding the security of the data being collected. Following her overview each panelist introduced themselves and shared their views. Bedestani again took to the podium and moderated the discussion with a series of questions.
Panelists: Kevin Frazier, Clerk, Montana Supreme Court, Chief Justice Mike McGrath; Anne Toomey McKenna, Visiting Professor University of Richmond, School of Law • Penn State Institute for Computational & Data Sciences (ICDS), Affiliate Faculty • 2023 Chair, AI Policy Committee, and Chair, Privacy, Equity & Justice in AI Sub-Committee • ToomeyMcKenna Law Group, LLC, Principal Counsel & Managing Partner; and Razvan E. Miutescu, Partner, Whiteford Taylor Preston LL
Middleware Technologies: Towards User-Determined News Curation in Social Media
Get PDFNews distribution and consumption now largely occur within, and are subject to dynamics dictated by, social media platforms. Platforms create audiences, facilitate matching, provide basic services, and set interaction standards. But these networks are structured to maximize engagement and benefit the platforms’ main businesses, leaving individuals with little to no ability to tailor news consumption according to their preferences.
To re-orient platform-dictated dynamics towards user-determined exchanges, middleware technologies—software services appended to social media platforms to curate information flows—are touted as a promising solution. Still, not enough literature articulates middleware’s virtues and hurdles, especially in the context of online news. This work fills such gaps.
Surveying literature and existing middleware solutions, four choice-enhancing virtues are observed, in that such technologies: equip users with more information about online news choices, enable careful deliberation in consumption, improve user agency, and can effect lasting behavioral changes among users. Overall, such merits allow for more meaningful use of and participation in social media platforms. This work also discusses the European Union’s novel Digital Services Act, particularly how this legislation will enable the development of a robust middleware industry.
Finally, this work identifies challenges and further research areas. Scholars have expressed concerns about middleware’s technological feasibility, profitability, curation costs, and privacy concerns. Yet, a fundamental hurdle remains: in the first place, why should users adopt middleware? As is, platforms deliver tremendous benefits; also, not all users might be interested in a deliberative online exchange. Ideally, a critical mass of users must adopt middleware to reshape online discourse
Keeping Fair Chance Laws Fair: Implications for Employers and Employees Given the Expansion and Variety of Fair Chance Laws in the United States
Get PDFJurisdictions around the United States have adopted, and are considering adopting, fair chance laws, also known as “ban the box” laws, to improve access to employment opportunities for those with criminal histories. For years, individuals with criminal records – approximately one in four U.S. adults – have been disadvantaged when employers heavily rely upon criminal background checks during the hiring process. Now, with the proliferation of fair chance laws which require employers to avoid considering criminal history in hiring decisions, public and private employers are faced with implementation concerns as they adapt their hiring practices to ensure compliance with the evolving legal framework. Compliance with fair chance laws not only reduces the chance of costly litigation for employers, but also will have implications for crime recidivism rates by giving recently incarcerated and released individuals expanded access to employment opportunities and reducing their likelihood of reoffending. Still, employers must continue to grapple with deeply rooted biases so as to avoid using other demographic data as substitutes for criminal history data and policymakers must continue to monitor and evaluate the specific compliance challenges employers face in order the ensure that these laws live up to their name of being “fair.
Welcome and Introduction
No full textThe Catholic University Journal of Law and Technology held its 2023 Spring Symposium on March 31, 2023. The program, Ask App Not to Track? Addressing National Security and Data Privacy Vulnerabilities in Wearable Technology, invited students, faculty, and guests to hear from experts providing in-depth analysis and exploration of security concerns related to wearable technology.
Zachary Aman (3L), Editor-in-Chief of the Catholic University Journal of Law and Technology (JLT), Vol. 31, welcomed attendees and provided a brief overview of the aims of JLT. As the publication\u27s title suggests, JLT is committed to exploring and publishing scholarship on issues related to technology and the law. As technology regularly redefines the legal field, the questions posed by the symposium regarding wearable technology are more relevant than ever. Aman also took the opportunity to say a special thank you to the members of the JLT Executive Board for all of their hard work; Professor Elizabeth Winston for her guidance as faculty advisor; and Dean Steven Payne, the administration, faculty, and staff for their support.
After his opening remarks, Aman introduced Erhan Bedestani (4E). Following a brief introduction of the first panel, Bedestani introduced Brigadier General Patrick Huston