Publications

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Trusting Big Data Research

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
January 18, 2016
Publication Type: 
Academic Writing

Abstract:      

James Comey’s Default-Encryption Bogeyman

Author(s): 
Riana Pfefferkorn
Publication Date: 
January 15, 2016
Publication Type: 
Other Writing

FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from being available [only] to the sophisticated bad guy to being the default. So it’s now affecting every criminal investigation that folks engage in.”

Content Is Content, No Matter How Small

Author(s): 
Jeffrey Vagle
Publication Date: 
January 13, 2016
Publication Type: 
Other Writing

Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe to the mosaic theory of intelligence if some large amount of metadata can become content, can some small amount of content become metadata by the same logic?

Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study

Author(s): 
Scott Shackelford
Publication Date: 
January 12, 2016
Publication Type: 
Academic Writing

Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to the private sector, as well as how these obligations should be translated into policy.

Racial surveillance has a long history

Author(s): 
Jeffrey Vagle
Publication Date: 
January 4, 2016
Publication Type: 
Other Writing

The path from Laquan McDonald’s summary execution by Chicago police officer Jason Van Dyke to the reluctant release — over a year later — by the Chicago Police Department of video of the killing shines yet another spotlight on the disproportionate use of force by police against young black men and women and the failure of authorities to identify and punish this behavior.

The Weekly Standard makes a fact-free argument about political science. Here are some facts.

Author(s): 
Henry Farrell
Publication Date: 
December 18, 2016
Publication Type: 
Other Writing

Over at the Weekly Standard, Steven Hayward has a new piece arguing that political science is on its last legs. His main evidence is that Stanford University’s political science department has seen a big decline in undergraduate enrollment. This leads him to argue that students are fleeing political science because it is too concerned with arid mathematical exercises, and doesn’t concern itself nearly enough with questions of justice.

The Weekly Standard makes a fact-free argument about political science. Here are some facts.

Author(s): 
Henry Farrell
Publication Date: 
December 18, 2015
Publication Type: 
Other Writing

Over at the Weekly Standard, Steven Hayward has a new piece arguing that political science is on its last legs. His main evidence is that Stanford University’s political science department has seen a big decline in undergraduate enrollment. This leads him to argue that students are fleeing political science because it is too concerned with arid mathematical exercises, and doesn’t concern itself nearly enough with questions of justice.

The Building Blocks of Hybrid Justice

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

The commission of mass atrocities — genocide, crimes against humanity, and war crimes — inevitably generates clarion calls for accountability from a range of international actors, including civil society organizations, governments, and United Nations bodies. These demands often center on an appeal that the situation be taken up by the International Criminal Court (ICC) via a Security Council referral or action by the Prosecutor herself. Although the ICC is now fully operational, its jurisdiction remains incomplete and its resources limited.

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