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The future of foreign intelligence : privacy and surveillance in a digital age
\"Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, the internet and new technologies such as biometric identification systems have not changed our lives in countless ways. But they have also led to a very worrying transformation. The amount and types of information that the government can obtain has radically expanded, and information that is being collected for foreign intelligence purposes is now being used for domestic criminal prosecution. Traditionally, the Courts have allowed exceptions to the Fourth Amendment rule barring illegal search and seizure on national security grounds. But the new ways in which we collect intelligence are swallowing the rule altogether. Just as alarming, the ever-weaker standards that mark foreign intelligence collection are now being used domestically-and the convergence between these realms threatens individual liberty. Donohue traces the evolution of foreign intelligence law and pairs that account with the progress of Fourth Amendment jurisprudence. She argues that the programmatic surveillance that the National Security Agency conducts amounts to a general warrant-the prevention of which was the point of introducing the Fourth Amendment. The expansion of foreign intelligence surveillance-leant momentum by significant advances in technology, the Global War on Terror, and the emphasis on securing the homeland-now threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers an agenda for reining in the national security state's expansive reach, primarily through Congressional statutory reform that will force the executive and judicial branches to take privacy seriously, even as it provides for the continued collection of intelligence central to U.S. national security. Both alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States\"-- Provided by publisher.
Book
How Structural Racism Works — Racist Policies as a Root Cause of U.S. Racial Health Inequities
As a legacy of African enslavement, structural racism affects both population and individual health in three interrelated domains: redlining and racialized residential segregation, mass incarceration and police violence, and unequal medical care.
Journal Article
A Review of Legal Decisions Relevant to Technical Standards Used in Pharmacy School Admissions
The implementation of an effective and legally sound technical standards procedure for pharmacy schools requires a proactive approach by admissions officers. Applicants with disabilities are accorded significant rights that must not be infringed during the admissions process in order to ensure compliance with applicable law. This article provides a review of applicable state cases, federal cases, and OCR decisions and guidance to help pharmacy schools identify procedures and implement technical standards into their admissions processes as required by ACPE Standards 2016.
Journal Article
Implications of pre-emptive data surveillance for fundamental rights in the European Union
\"In this work Julia Wojnowska-Radzińska offers a legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society\"-- Provided by the publisher.
Book
Disease Control, Civil Liberties, and Mass Testing — Calibrating Restrictions during the Covid-19 Pandemic
There is emerging consensus that a graduated approach to Covid-19–related restrictive measures will be needed. Decisions to continue, modify, or lift restrictions — particularly bans on movement and gathering — could be tailored using individualized risk assessment.
Journal Article
Abortion Access as a Racial Justice Issue
The
Dobbs
decision rolls back fundamental rights for many people, and it is a direct assault on efforts to improve racial equity in health care. Indeed, abortion access is fundamentally a racial justice issue.
Journal Article
The schoolhouse gate : public education, the Supreme Court, and the battle for the American mind
\"By a brilliant young constitutional scholar at the University of Chicago--who clerked on the U.S. Court of Appeals for the District of Columbia for Judge Merrick B. Garland and on the Supreme Court of the United States for Justices Sandra Day O'Connor and Stephen Breyer, and who also happens to be an elegant stylist--a powerfully alarming book concerned to vindicate the constitutional rights of public school students, so often trampled upon by the Supreme Court in recent decades Supreme Court decisions involving the constitutional rights of students in the nation's public schools have consistently been most controversial. From racial segregation to unauthorized immigration, from economic inequality to public prayer and homeschooling: these are but a few of the many divisive issues that the Supreme Court has addressed vis-a-vis elementary and secondary education. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education. It argues that since the 1970s, the Supreme Court through its decisions has transformed public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court's decisions over the last four decades would conclude that the following actions taken by school officials pass constitutional muster: inflicting severe corporeal punishment on students without any procedural protections; searching students and their possessions, without probable cause, in bids to uncover violations of school rules; engaging in random drug testing of students who are not suspected of any wrongdoing; and suppressing student speech solely for the viewpoint that it espouses. Taking their cue from such decisions, lower courts have validated a wide array of constitutionally dubious actions, including: repressive student dress codes; misguided \"zero tolerance\" disciplinary policies; degrading student strip searches; and harsh restrictions on off-campus speech in the internet age. Justin Driver dramatically and keenly surveys this battlefield of constitutional meaning and warns that impoverished views of constitutional protections will only further rend our social fabric\"-- Provided by publisher.
Book
Agenda Seeding: How 1960s Black Protests Moved Elites, Public Opinion and Voting
How do stigmatized minorities advance agendas when confronted with hostile majorities? Elite theories of influence posit marginal groups exert little power. I propose the concept of agenda seeding to describe how activists use methods like disruption to capture the attention of media and overcome political asymmetries. Further, I hypothesize protest tactics influence how news organizations frame demands. Evaluating black-led protests between 1960 and 1972, I find nonviolent activism, particularly when met with state or vigilante repression, drove media coverage, framing, congressional speech, and public opinion on civil rights. Counties proximate to nonviolent protests saw presidential Democratic vote share increase 1.6–2.5%. Protester-initiated violence, by contrast, helped move news agendas, frames, elite discourse, and public concern toward “social control.” In 1968, using rainfall as an instrument, I find violent protests likely caused a 1.5–7.9% shift among whites toward Republicans and tipped the election. Elites may dominate political communication but hold no monopoly.
Journal Article