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Is the #MeToo Movement for Real? The Implications for Jurors’ Biases in Sexual Assault Cases
Get PDFThis Article examines the emerging research on the #MeToo movement and its potential effects on the population of potential jurors, exploring the possibility of improving the jury pool in sexual assault cases. Part I discusses the current problem of attrition in sexual assault cases. Part II examines the substantial body of literature surrounding this attrition and the potential reasons for it. Part III explores the #MeToo movement and reviews the emerging body of research regarding it. Part III also considers whether the movement will impact juries positively or whether the attrition rates based on rape myths, misogyny, and rape culture will continue
Adapting U.S. Electronic Surveillance Laws, Policies, and Practices to Reflect Impending Technological Developments
Get PDFIntelligence collection must always evolve to meet technological developments. While the collection programs under Section 702 of the FISA Amendments Act of 2008 have produced a great deal of valuable intelligence over the last decade, the United States must begin to think about foreseeable technological developments and strategically consider how to conduct signals intelligence (SIGINT) collection in the future.
This Article identifies four technological trends that could significantly impact the way the United States conducts SIGINT. Individuals now have access to sophisticated technologies that formerly only governments seemed capable of creating, and this decentralization of capabilities will likely only increase in the future. The increased prevalence of anonymity and location-spoofing technologies offer benefits to individual users, but may create significant difficulties for the Intelligence Community in determining the location of targets, which is a fundamental aspect of the current legal regime governing SIGINT activities. Also, the United States’ “home field” advantage is receding. This trend means that the United States will have a smaller share of the world’s communications traffic transit its physical infrastructure, which will reduce the Intelligence Community’s ability to acquire precise and intact communications by serving directives on United States companies. The push towards data localization laws may further reduce the United States’ home field advantage. Finally, technology companies have begun to innovate in a manner that reduces their capability to respond to lawful government orders. Technology companies are increasingly adopting encryption technologies and may shift data overseas to try to avoid complying with lawful surveillance orders. Decisions by major private sector technology companies have the ability to shift how SIGINT is collected.
If a person’s true location becomes increasingly more difficult to ascertain, the law should adapt to the uncertainty of location. In addition to legislative reforms, it may be prudent to create more forward leaning procedures to ease some of the difficulties that could be caused by increased uncertainty of the location of targets. Finally, as Section 702 becomes less useful in the future, the Intelligence Community must improve collection under Executive Order 12333 to ensure that the government continues to acquire vital intelligence to protect United States national security interests
COVID-19 and Rescuing Small Business
No full textOn June 30, 2020, Catholic Law\u27s Office of Development and Alumni Relations hosted a virtual discussion of COVID-19 and Rescuing Small Business. Professor Megan La Belle, Co-Director of the Law and Technology Institute, moderated a discussion with Daniel Kane ’15, Chief, Founder of the Law Office of Daniel T. Kane, PLLC; and Isaias “Cy” Alba IV ’04, Partner at Pilero Mazza PLLC
The Survival of Critical Infrastructure: How Do We Stop Ransomware Attacks on Hospitals?
Get PDFOur nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what actions the U.S. can take to prevent future attacks on a critical component of the nation’s infrastructure
Pre-Game Strategy for Long-Term Win: Using Trademark Registration and Right of Publicity to Protect Esports Gamers
Get PDFThe soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers for both the long and short term
The Bumpy Road of Home States’ Regulation of Globalized Businesses—Legal and Institutional Disruptions to Supply Chain Disclosure under the Modern Slavery Act
Get PDFIn response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits with other extraterritorial initiatives and the broad supply chain environment in which it operates. An exploration of the likely disruptive effects on the enforcement of supply chain disclosure regulation follows thereafter. The paper intends to bring to light the doctrinal, contextual and practical complexities faced by current home-state lawmaking endeavors, in the hope of generating further insights into the intricate but significant issue of imposing human rights responsibilities on globalized businesses
\u3ci\u3eZarda\u3c/i\u3e and Sexual Orientation Expression: A New High for Title VII Interpretation
Get PDFUnder current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination. The Second Circuit’s en banc decision in Zarda v. Altitude Express reached the conclusion that sexual orientation discrimination is as a cognizable claim under Title VII because in order to discriminate against a person sexual orientation, you naturally first have to take their gender into account. The Supreme Court granted certiorari and has now heard oral arguments.
Part I of this note provides the legislative history of the inclusion of “because of gender” on the list Title VII’s prohibitions and analyzes Supreme Court jurisprudence in the statutory interpretation of “gender.” Part II will provide the relevant facts and legal arguments put forth in Zarda v. Altitude Express. Part III will critique the decision and put forth a conclusion recommending the most persuasive legal arguments for incorporating Title VII protection against sexual orientation discrimination