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Qualified Immunity as Gun Control

The Supreme Court’s ruling in New York State Rifle & Pistol Ass’n v. Bruen threw the political project of gun regulation into question. Before Bruen, states could enact new kinds of gun restrictions ... qualified immunity’s political valence. Going forward, the doctrine will either provide cover for left-leaning states to disarm potentially dangerous citizens, even in tension with Second Amendment principles

THE COPYRIGHT WORK OF AUTHORSHIP

in philosophy, the Copyright Act of 1976 has the look of a child playing with a loaded philosophical pistol. Waving the pistol around, the Act blithely asserts that “copyright protection” “subsists” in ... : the relation between parts of a thing and the whole thing. There is a whole branch of philosophy—mereology—dedicated to the study of parts and wholes. See, e.g., Mereology, STANFORD ENCYCLOPEDIA OF PHIL

IN EVENT OF AN (AI) EMERGENCY: INTERPRETING CONTINUITY OF GOVERNMENT PROVISIONS IN STATE CONSTITUTIONS

Klepper & Ali Swenson, AI presents political peril for 2024 with threat to mislead voters, AP NEWS (May 14, 2023), https://apnews.com/article/artificial-intelligence-misinformation-deepfakes2024-election ... provisions and on the intent of the federal government in urging passage of the provisions. Consideration of these perspectives exposes the social and political conditions that gave rise to the widespread and

Provider Ownership and Indicators of Service Quality: Evidence from Swedish Residential Care Homes

exposed to political and economic authorities has an impact on their internal structures and processes, and, eventually, performance (Heinrich and Fournier 2004; Miller and Moulton 2014; Moulton and Bozeman ... from the publicness literature that instead highlights the extent of organizational exposure to economic (market forces) and political (government) authority (Andrews, Boyne, and Walker 2011; Bozeman

THE MAJOR QUESTIONS DOCTRINE AND THE THREAT TO REGULATING EMERGING TECHNOLOGIES

technologies. Particularly considering the political incapacitation of Congress, the major questions doctrine could pose significant legal challenges (and uncertainty), creating new policy and political issues ... authorization.17 Should this aggressive assertion of nondelegation principles occur, especially through the major questions doctrine, regulatory bodies may be stripped of critical policy tools and political

Distributive Justice in Collaborative Outputs: Empowering Minority Viewpoints Through Deliberation

. INTRODUCTION Justice is a core value that lays normative foundations and guides scholarly endeavors in numerous disciplines, including but not limited to philosophy (Rawls 1971), political science (Nozick 1974 ... dominated by a single interest. Third, this article underscores the role of deliberation in improving the political and social equity of policy decisions. This article offers theoretical insights into

Did the Court in SFFA Overrule Grutter?

work on the philosophy of precedent to analyze how the Court treated Grutter and whether we should be troubled by the Court treating precedent that way. I will argue that the Court must have at least ... trial.” The day of the week has no moral or political significance in this context. All courts have the power to distinguish but only some have the power to overrule. To overrule a precedent is to either

On the Frontline of Global Inequalities: A Decolonial Approach to the Study of Street-Level Bureaucracies

, offers to SLB theory formation. First is the idea that the state itself, as a historical and political construction, is seen and performed in ways that reflect and reproduce social inequalities, and second ... , informality, and trust; the second explores the broader cultural and political dimensions of social inequalities in the Global South, which are inadequately addressed in mainstream SLB literature. The article

A Non-Categorical Approach to Free Exercise Rights

the political and legal community that the job is worth pursuing. Brownstein, supra note 7, at 507. 15 See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 189–90, 194 (2012 ... of constitutional law, such as the distinction between core political speech and commercial speech in Free Speech doctrine22 or the distinctions between race and gender claims under the Equal

ANALYSIS OF GLOBAL DATA PRIVACY REGULATIONS AND HOW TRANSNATIONAL COMPANIES ARE IMPACTED

the right to privacy.4 Privacy has deep roots in historical, political, and religious backgrounds.5 The issue of consumer data privacy is becoming increasingly scrutinized, and within the past few years ... the arrest of ‘peeping Toms’ and eavesdroppers.”11 In 1976, the United Nations passed the International Covenant on Civil and Political Rights (ICCPR).12 Article 17 of the ICCPR “protects everyone from

Does the Discourse on 303 Creative Portend a Standing Realignment?

there seems highly intuitive. Alternatively, someone might think that standing ought to depend partly on the merits, such that a clearly unconstitutional restriction on political speech (SBA List) should ... time, however, a Left resurgence on issues of jurisdiction could compete with political efforts at more fundamental reform. If the left-of-center jurists prove to be relatively successful at rendering

Congressional Power to Institute a Wealth Tax

is generally shown both by acceptance of the result through many years and political administrations, as well as acceptance by the general public.56 Interpretations around the time of ratification may ... the controversies of political parties, and cannot be settled by judicial decision.” Id . at 634.). 74 See Jensen , supra note 40, at 2355 n.110. Professor Jensen notes the relevant statutes: Act of

RELYING ON UNRELIABLE TECH: UNCHECKED POLICE USE OF ALGORITHMIC TECHNOLOGIES

indelibly infecting the criminal process. A conviction on such a confession could not stand.25 The philosophy of “reliabilism” encapsulates this idea that unreliability in one step of the adversarial process ... formulated. The reliabilist philosophy explains how a person processes information to arrive at a belief—it does not deal with information stemming from multiple sources, as police investigations do. But the

DATA INSECURITY LAW

/ (last Each year, data breaches cause billions of dollars of economic harm, expose tens of millions of people’s personal information, disrupt political processes, and cause a variety of other personal and ... . & ORG . 365 ( 2010 ). 259 See, e.g., U.S. DEPT. OF TRANSP., FED. AVIATION ADMIN. [“FAA”], NO. 8000 .72, INTEGRATED OVERSIGHT PHILOSOPHY ( 2017 ) ; 272 This is sort of riffing on notions of “data

Obscenity and Indecency in a Digital Age: The Legal and Political Implications of Cybersmut, Virtual Pornography, and the Communications Decency Act of 1996

1991, graduating Phi Beta Kappa and magna cum laude. He has previously published: Blake T. Bilstad, Obscenity and Indecency on the Usenet: The Legal and Political Future of alt.sexstories, J. CoPUTmR

Improving Outcomes in Fiscal Federalism: Local Political Leadership and Administrative Capacity

This study investigates how the political influence of local elected officials and the administrative capacities of local administrative agencies together shape outcomes in fiscal federalism. The ... achievement of federal goals. Second, the narrow application of a principal-agent approach deflects attention away from political commitments and administrative capacities that are crucial to policy

ALGORITHMIC AUDITING: CHASING AI ACCOUNTABILITY

concerns, nearly every research organization that deals with the ethics of AI has called for ethical auditing of algorithms.”). 4 Press Release, Digital Services Act: Commission Welcomes Political Agreement ... The EU Needs To Get Audits For Tech Companies Right, TECHDIRT (Aug. 19, 2021, 7:55 PM). 53 See, e.g., Elettra Bietti, From Ethics Washing to Ethics Bashing: A Moral Philosophy View on Tech Ethics, 2 J

Why Do (Some) City Police Departments Enforce Federal Immigration Law? Political, Demographic, and Organizational Influences on Local Choices

immigration laws raises enduring theoretical issues regarding the political control of bureaucracies, albeit in a different context from the mostly national-level studies of regulatory agencies that ... the political leanings of the local electorate. We are interested, for example, in whether a political or ideological effect on policing is more likely in unreformed (mayor-council) cities than in those

Is There a Place for Islam in the West? Adjudicating the Muslim Headscarf in Europe and the United States

workplace is therefore a clash at the heart of the European Union’s political philosophy. Legally, the CJEU’s decisions are not like the older ECtHR judgments in the fields of religious freedom or Islam. The ... discrimination, legitimizing a business policy of neutrality, and justifying religious bans in the workplace, the CJEU gave a favor to the most rigid political philosophy of secularism. CONCLUSION The U.S

#AcademicFreedom: Twitter and First Amendment Rights for Professors

freedom for faculty members. In support of Professor Salaita, a faculty committee at the University of Illinois asserts: “Regardless of the tweets’ tone and content, they are political speech—part of the ... of Gaza, and therefore, voiced a widely held political viewpoint. This Essay asks: is every tweet from a professor protected as a form of academic freedom by the First Amendment? Professor Salaita’s