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Experiential Education and Access-to-Justice within U.S. Law Schools: Designing and Evaluating an Access-to-Justice-Service Learning Program within the First-Year Curriculum
Get PDFYounger Generations are Infected by Continuous Socialization to Accept Diminished Privacy: A Global Analysis of How the United States\u27 Constitutional Doctrine Is a Main Contributor to Eroded Privacy
Get PDFSince the nineteenth century, privacy concerns have increased with the growth of technology. The invention of instantaneous photography, coupled with the enlarged presence of press, was met with concerns of degraded privacy. Society has formed expectations of privacy, but as time passes, those expectations continue to diminish. Younger generations have been socialized to accept lessened levels of privacy in this digitalized world of mass data and connectivity.
Individual privacy expectations vary globally. The construction of China\u27s government and culture produces a lesser expectation of individual privacy than that of the United States. As outlined in the U.S. Constitution, U.S. citizens expect freedom from government surveillance without an authorized warrant, which is inconsistent with the privacy expectations of Chinese citizens.
This essay first discusses an article by Cyrus Farivar, followed by an article by Ava Kofman, I both of which relate to mass data collection in the United States. This note will discuss how the expectation of privacy continues to diminish as younger generations are being socialized to willingly accept a lesser degree of individual privacy. Additionally, this note will examine an article by Rachel Botsman which describes a Chinese mass data collection initiative currently underway that-were it to be implemented in the United States-would perceivably be categorized as a farfetched, outrageous initiative. Finally, this essay analyzes the grave effects new technologies and practices will have on diminishing privacy and asserts that China\u27s perceivably outrageous mass data collection practices would survive U.S. constitutional bars if the current constitutional doctrine is applied
Addressing Racial Disparities in Health Care One Inequality at a Time: Total Knee Replacement
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Indiana Civil Legal Needs Study and Legal Aid System Scan
Get PDFIn 2017, the Indiana Coalition for Court Access entered into a partnership with Indiana University to conduct a statewide legal needs study. The IU Center for Law, Society & Culture and the IU Public Policy Institute submit this final report to the CCA. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that these organizations can use in their efforts to increase the visibility of legal aid, develop support for legal aid work, and encourage resource development.
Broadly, this civil legal needs study includes three goals: 1. Assessing the unmet legal needs of Indiana’s low-income population. 2. Examining the current system of legal aid delivery to determine underserved communities’ access to legal aid services. 3. Reviewing legal services programs to determine ways to improve resource allocation among and collaboration within Indiana’s system of civil legal aid. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that these organizations can use in their efforts to increase the visibility of legal aid, develop support for legal aid work, and encourage resource development.https://www.repository.law.indiana.edu/facbooks/1206/thumbnail.jp
Privacy Remedies
Get PDFWhen consumers sue companies for privacy-intrusive practices, they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the relationship between privacy rights and privacy remedies.
This Article contends that restitution is the normal measure of privacy remedies. Restitution measures relief by economic gain to the defendant. If a plaintiff can show the likely ability to recover in restitution, that should be sufficient to pass muster at the motion to dismiss phase even if the court is unconvinced that the plaintiff could show a case for compensatory damages flowing from harm.
This argument intervenes in the scholarly literature in two ways. First, it supports the realist perspective that remedies are constitutive of rights. The election of restitution as a remedy suggests that privacy should be conceptualized in tort as quasi-property, and that contract and/or restitution claims should be a standard part of privacy infringement pleadings. Second, it challenges the view that defining specific and stronger privacy rights at law would be sufficient to increase privacy protection. If any privacy rights are to exist at all, they must be linked to proportional, accessible remedies
From Justice to Injustice: Lowering the Threshold of European Consensus in Oliari and Others versus Italy
Get PDFOliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). To challenge the ECHR\u27s judicial interpretation techniques, the article attempts to address two questions: (i) whether the ECHR\u27s approach to rely on the existence or absence of the majority view of the Council of Europe members should be considered as a reliable ground for justification in delivering a final judgment; (ii) whether creating two different institutions (marriage for heterosexual couples and civil unions for same-sex couples) is in line with the general principles of law. As it is argued, the ECHR\u27s legal interpretation techniques applied in Oliari and Others have left many defi£iencies that can be used to question the reliability of justice delivered
A Georgist Perspective of Petroleum Taxation
Get PDFOver a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George\u27s public finance theory has been described as having received intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of academic economics. Although George\u27s original plans for a single-tax system have failed to gain momentum in economic and tax policy circles, his single-tax-system philosophy is exemplified in twenty-first century natural resource taxation (most prominently in the taxation of oil). An application of the economic and procedural rationales that underpin George\u27s single-tax system indicates that petroleum taxation should be based on a severance tax system that promotes the efficient distribution of common property benefits to the public. The outcome of such a system is the creation of a property rights institution that combines interests shared by libertarians (greater emphasis on individual rights through private ownership and less distortionary impacts on economic transactions), greens (greater incentives to preserve natural resources), and socialists (redistributing benefits attributable to property rights)
The Persecution of Stones: War Crimes, Law\u27s Autonomy and the Co-optation of Cultural Heritage
Get PDFIn 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields today’s courts confront.
Our inquiry begins with an interesting puzzle: why didn\u27t the prosecution of the Yugoslav war crimes tribunal charge the most obvious crime-destruction of an historical monument? The answer turns out to be obvious too, but the path by which that obvious answer was reached and what happened after-was complicated in ways that tell us something even more interesting about what law does to the events and values it is supposed to serve. It also tells us something about what law can and cannot do in responding to the horrors and complexities of war. In answering questions about a cultural monument\u27s destruction, a war crimes tribunal, in its own, autonomous way, turned a beautiful bridge into something very different