News and information useful to Cleveland State College of Law students, faculty and staff.

Archive for the ‘This Just In – New Books’

In Our Collection: Soccer (or Football) and the Law

With the men’s World Cup currently underway in Qatar, we thought we’d take a look at some soccer related titles we have.  Best of luck to US team today!

This Just In: Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making

Each year there are about one thousand amicus briefs submitted to the U.S. Supreme Court. These briefs seek to communicate information to the justices on how they should decide a given case. Usually the court receives many more amicus briefs than party briefs for a given case.

In Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making, authors Morgan L.W. Hazelton and Rachael K. Hinkle looked at more than 25,000 party and amicus briefs filed between 1984 and 2015. They also reviewed the court opinions and conducted interviews with Court clerks and attorneys who prepared and argued briefs before the Court. The authors find that the resource advantage enjoyed by some parties likely stems from both the ability of their experienced attorneys to craft excellent briefs and their reputations with the justices. The analyses also reveal that information operates differently in terms of influencing who wins and what policy is announced.

Don’t forget about the law library’s database U.S. Supreme Court Records and Briefs, which is wonderful for historical research on Supreme Court decisions. The database covers court records and briefs from 1832-1978. Note: the database does not contain the case opinions, which are available many other places.

This Just In: Democracy’s Data

The United States Census isn’t just a data-collection process; it’s a part of American democracy.  The Census results are used for reapportionment of legislative districts and the data is used in determining allocation of federal monies.

In Democracy’s Data, Dan Bouk examines the 1940 Census and helps to give a clearer picture of a nation coming out of the Depression and on the way to war.  Bouk gives the reader a great look at the inner workings of the Census from the census takers through the vast machinery of the Census Bureau.  He also uses the data to shed light on white supremacy, the lives of members of the LBGTQ+ community and the desire by citizens to be seen by the government as they see themselves.

This Just In: The Great Dissenter

With the start of the Supreme Court term this week, what better time to look into Court history? In The Great Dissenter, author Peter S. Canellos delves into the life and times of Justice John Marshall Harlan on the bench during Reconstruction and Gilded Age America.

John Marshall Harlan’s dissent in Plessy V. Ferguson helped end segregation decades after his death and as such he is a notable American figure worthy of historical biography. Thurgood Marshall called Harlan’s Plessy dissent his “Bible” and used it as his legal roadmap to overturning segregation. Harlan’s words have also been credited with laying the legal foundations for jurisprudence during the New Deal and Civil Rights eras by defending of the rights of African-Americans, immigrant laborers, and people in distant lands occupied by the U.S.

This Just in: Breached! Why Data Security Law Fails and How to Improve It

Our lives involve a lot of access to digital information and with that also data breaches. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached! Daniel Solove and Woodrow Hartzog, argue that we focus too much on the breach itself. Using many stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive they argue because it penalizes organizations that have suffered a breach but doesn’t address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more.

Both Solove and Hartzog are experts in privacy and data security.  Solove has authored a number of books and textbooks on privacy and is the John Marshall Harlan Research Professor of Law at George Washington University School of Law.  He also is the founder of TeachPrivacy, a company that provides privacy and data security training. Hartzog is a Professor of Law and Computer Science at Northeastern University School of Law and the College of Computer and Information Science. His research on privacy, media, and robotics has been published in numerous law reviews and peer-reviewed publications.  He has also been published in many popular and news publications.

For additional information on cybersecurity, check out C|M|LAW’s CENTER FOR CYBERSECURITY AND PRIVACY PROTECTION.