Pepperdine law review最新文献_第2页

Small Data Surveillance v. Big Data Cybersurveillance 小数据监控vs大数据网络监控

Pepperdine law review Pub Date : 2015-11-28 DOI: 10.2139/SSRN.2731344

Margaret Hu

{"title":"Small Data Surveillance v. Big Data Cybersurveillance","authors":"Margaret Hu","doi":"10.2139/SSRN.2731344","DOIUrl":"https://doi.org/10.2139/SSRN.2731344","url":null,"abstract":"This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals’ digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the 24/7 surveillance of the body and the 360° surveillance of the biography. Further, data science logic and reasoning, and big data policy rationales, appear to be driving the expansion of these emerging methods. Consequently, I suggest that an inquiry into the scientific validity of the data science that informs big data cybersurveillance and mass dataveillance is appropriate.As a topic of academic inquiry, thus, I argue in favor of a science-driven approach to the interrogation of rapidly evolving bulk metadata and mass data surveillance methods that increasingly rely upon data science and big data’s algorithmic, analytic, and integrative tools. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court required scientific validity determinations prior to the introduction of scientific expert testimony or evidence at trial. I conclude that to the extent that covert intelligence gathering relies upon data science, a Daubert-type inquiry is helpful in conceptualizing the proper analytical structure necessary for the assessment and oversight of these emerging mass surveillance methods.","PeriodicalId":82287,"journal":{"name":"Pepperdine law review","volume":"42 1","pages":"773"},"PeriodicalIF":0.0,"publicationDate":"2015-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2731344","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68278003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

A Practical Solution to the Marriage Penalty 婚姻处罚的实用解决方案

Pepperdine law review Pub Date : 2015-08-13 DOI: 10.2139/SSRN.2643832

Margaret Ryznar

{"title":"A Practical Solution to the Marriage Penalty","authors":"Margaret Ryznar","doi":"10.2139/SSRN.2643832","DOIUrl":"https://doi.org/10.2139/SSRN.2643832","url":null,"abstract":"The marriage penalty in the federal income tax continues to persist despite universal condemnation of it. This article proposes a novel way to eliminate the marriage penalty: to create another tax filing status for dual-income couples that earn an amount within a particular percentage of each other. This filing status would be the same as the current married filing status, except that it would offer double the rates of single filers because it accommodates two incomes.This approach represents a break from the status quo of separating single taxpayers from married ones without considering that in reality there are two types of married couples: one-income couples and two-income couples. This approach is also different from previously proposed solutions that require married couples to file as single individuals or that ignore marital status for tax reasons. Adding another filing status for only two-income married couples is a practical solution to the marriage penalty that causes the least upheaval to the general legal framework because it continues to treat spouses as a single economic unit. It has the additional attribute of no longer penalizing a significant subset of women who work and marry, as well as same-sex couples. Finally, high divorce rates, the decrease in alimony awards, and cohabitation as a substitute for marriage all support a solution to the marriage penalty, particularly one that is consistent with the general framework of treating households as a single economic unit.","PeriodicalId":82287,"journal":{"name":"Pepperdine law review","volume":"44 1","pages":"647-690"},"PeriodicalIF":0.0,"publicationDate":"2015-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68237254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Constitutional Considerations: Government Responsibility and the Right Not to Be a Victim 宪法考量:政府责任与不成为受害者的权利

Pepperdine law review Pub Date : 2015-02-09 DOI: 10.2139/SSRN.2562530

Richard l. Aynes

引用次数: 1

“Islamic Law” in US Courts: Judicial Jihad or Constitutional Imperative? 美国法院的“伊斯兰法”:司法圣战还是宪法要求?

Pepperdine law review Pub Date : 2014-09-26 DOI: 10.1017/9781108380768.010

Faisal Kutty

{"title":"“Islamic Law” in US Courts: Judicial Jihad or Constitutional Imperative?","authors":"Faisal Kutty","doi":"10.1017/9781108380768.010","DOIUrl":"https://doi.org/10.1017/9781108380768.010","url":null,"abstract":"At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping Sharī’ah overtaking the American legal system, but plenty of plain bigotry in the form of Islamophobia. The evidence suggests that courts treat claims by Muslims using religious law the same way they deal with claims brought by those of other faiths and those of no faith — sometimes they are accepted and sometimes they are rejected. The Paper concludes that, far from evidencing creeping Sharī’ah or a surrender to judicial Jihad, the cases only confirm that the American Constitution and legal principles stand firm and pre-eminent; Muslims merely have had access to the dockets, nothing more.","PeriodicalId":82287,"journal":{"name":"Pepperdine law review","volume":"11 1","pages":"1059"},"PeriodicalIF":0.0,"publicationDate":"2014-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/9781108380768.010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56919740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The End of Religious Freedom: What is at Stake? 宗教自由的终结:危在旦夕?

Pepperdine law review Pub Date : 2014-01-01 DOI: 10.31228/osf.io/uh5m2

N. Tebbe

引用次数: 1

Dicta and the Rule of Law 政令与法治

Pepperdine law review Pub Date : 2013-02-26 DOI: 10.2139/SSRN.2224530

Ryan S. Killian

引用次数: 1

The Post-TSA Airport: A Constitution Free Zone? 后tsa机场:宪法自由区?

Pepperdine law review Pub Date : 2013-01-01 DOI: 10.2139/ssrn.3479680

D. Harawa