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University Use of Big Data Surveillance and Student Privacy
Get PDFout new ways to diversify revenues. Concurrently, universities are struggling with losing students after their freshman year. Using student data and data analytics to predict which students are at risk of dropping out seems like an easy solution to the problem. Once identified through data mining, universities can target these at-risk students to retain them. In doing so, the university ensures it does not lose tuition from those at-risk students. However, universities fail to consider the privacy concerns that arise by bringing big data to college campuses. Student autonomy and student choice suffer from the use of big data at a university. The use of big data then creates an environment of surveillance, which impacts students\u27 learning. Further, big data impairs students\u27 ability to innovate. Privacy violations contravene a university\u27s mission and purpose; thus, privacy harms are something universities should care about. Universities could self-regulate to protect student privacy, but this seems unlikely because universities have no incentive to stop data mining. Additionally, the current regulatory regime is unprepared to address the harms caused by big data. The shortcomings of the federal statutory regime are particularly salient when contrasted with other regimes, such as the California Consumer Privacy Act and the European Union\u27s General Data Privacy Regulations. This Note proposes ways to fix the current regulatory regime, along with recommending new legislation that would provide privacy to students
Insuring Apologies
Get PDFBased on evidence demonstrating that an apology from a wrongdoer to a victim can assuage the victim\u27s anger, reduce the likelihood that the victim seeks legal redress, and facilitate settlement, state legislatures have passed apology laws to encourage the delivery of more apologies. Aimed primarily at medical malpractice litigation-a traditional locus of the tort reform effort-apology laws render apologies from physicians to patients inadmissible in subsequent legal proceedings. In theory, privileging apologies will encourage their use and reduce malpractice liability risk as patients assert fewer claims and settle those claims that are asserted. However, if apology laws encourage the delivery of insincere or disingenuous apologies, liability risk may increase, as such apologies exacerbate, rather than assuage, patient anger. Similarly, if apology laws encourage physicians to offer apologies that signal the occurrence of malpractice that otherwise would have gone undiscovered, physician liability risk may increase. Thus, apology laws may increase or decrease medical malpractice liability risk, and the nature of their ultimate effect has sparked an intense debate among scholars, policymakers, and physicians. This Article shows that apology laws have the counterintuitive effect of increasing liability risk. To evaluate whether apology laws work as intended, I examine a novel dataset of medical malpractice insurance premiums charged to physicians over nineteen years. This dataset provides a better measure of liability risk than publicly available-but incomplete-) data on malpractice claims used in prior work. Across three separate specialties (general surgery, internal medicine, and obstetrics/gynecology), my analysis demonstrates that apology laws increase the premiums charged to physicians by between 10 and 16 percent. These increases translate into substantial additional costs for individual physicians, with surgeons, internists, and obstetricians paying 1,700, and $7,200 more in annual premiums, respectively. Based on strong and consistent evidence that apology laws increase, not decrease, malpractice liability risk, I argue that these laws fail to achieve their stated goal. Also on the basis of this evidence, I propose several alternative legal strategies for legislatures to accomplish their goals
The Fourth Amendment and the Dangerous Fiction of Implied Consent
Get PDFWhen the police obtain an individual\u27s consent, they may conduct searches or seizures that the Fourth Amendment would otherwise prohibit. Consent is thus a powerful exception to that Amendment\u27s guarantees of liberty and privacy. But consent is also fragile. Determining whether someone consented to a contested intrusion requires a sensitive review of that transaction\u27s particular facts-what the Supreme Court has termed the totality of the circumstances. An irreconcilable notion of consent, however, has long persisted in state statutes and has recently surfaced in two cases at the Supreme Court: so-called implied consent. Unlike real consent-a historical fact to be deduced by examining each specific case- implied consent is consent imputed by operation of law, irrespective of whether individuals actually consented during a particular transaction. By substituting a blanket rule for a case-specific inquiry, this legally imposed consent stands in tension with the Supreme Court\u27s traditional totality-of-the-circumstances test. It also undercuts individuals\u27 autonomy interests by denying them the right to withdraw consent, and it subverts the protections the Fourth Amendment was designed to provide
The Ongoing Issue of Cyber Insecurity: Why Cyber Insurance Should Be Mandatory for Consumer Companies
Get PDFArming Goliath: Independent Craft Beer Is in Jeopardy at the Intersection of a First Amendment Circuit Split, the Twenty-First Amendment, and the Erosion of Tied-House Laws
Get PDFFlorida State Law Alumni Magazine & Annual Report (2021)
Get PDFhttps://ir.law.fsu.edu/newsletter-magazine/1075/thumbnail.jp
FSU Law Focus - 08/20/2021
Get PDFFrom the Dean: New student orientation; Employers Interview FSU Law Students; Alum Profile: Jack C. McElroy (\u2789); Student Profile: 3L Marin Donnellyhttps://ir.law.fsu.edu/fsu-law-focus/1084/thumbnail.jp
FSU Law Focus - 06/14/2021
Get PDFFrom the Dean: Richard McCullough selected as new FSU president; Faculty Members Publish in Harvard Law Reviewand Other Top Journals; Alum Profile: Allison Beattie (’19); Student Profile: 2021 Grad Russell Monillahttps://ir.law.fsu.edu/fsu-law-focus/1159/thumbnail.jp