Class Problem!: Why the Inconsistent Application of Rule 23\u27s Class Certification Requirements During Overbreadth Analysis is a Threat to Litigant Certainty

Rule 23 of the Federal Rules of Civil Procedure is home to the class action device. It is well-documented that this rule significantly impacts our legal system. As a result, the need for its effective utilization has been apparent since its introduction. Despite this, federal courts have inconsistently applied the rule during their analyses of overbroad class definitions at the class certification stage. Consequently, parties involved in such litigation have been exposed to unnecessary costs and the potential for forum shopping. Nonetheless, this judicial inconsistency has gone largely unrecognized because it does not implicate the results of class certification. Hence, courts here must first recognize the general need for uniformity before a precise standard for overbreadth analysis may be chosen. Only then, this Note argues, may the aforementioned detrimental consequences be avoided

Big data analytics:Computational intelligence techniques and application areas

Big Data has significant impact in developing functional smart cities and supporting modern societies. In this paper, we investigate the importance of Big Data in modern life and economy, and discuss challenges arising from Big Data utilization. Different computational intelligence techniques have been considered as tools for Big Data analytics. We also explore the powerful combination of Big Data and Computational Intelligence (CI) and identify a number of areas, where novel applications in real world smart city problems can be developed by utilizing these powerful tools and techniques. We present a case study for intelligent transportation in the context of a smart city, and a novel data modelling methodology based on a biologically inspired universal generative modelling approach called Hierarchical Spatial-Temporal State Machine (HSTSM). We further discuss various implications of policy, protection, valuation and commercialization related to Big Data, its applications and deployment

A novel Big Data analytics and intelligent technique to predict driver's intent

Modern age offers a great potential for automatically predicting the driver's intent through the increasing miniaturization of computing technologies, rapid advancements in communication technologies and continuous connectivity of heterogeneous smart objects. Inside the cabin and engine of modern cars, dedicated computer systems need to possess the ability to exploit the wealth of information generated by heterogeneous data sources with different contextual and conceptual representations. Processing and utilizing this diverse and voluminous data, involves many challenges concerning the design of the computational technique used to perform this task. In this paper, we investigate the various data sources available in the car and the surrounding environment, which can be utilized as inputs in order to predict driver's intent and behavior. As part of investigating these potential data sources, we conducted experiments on e-calendars for a large number of employees, and have reviewed a number of available geo referencing systems. Through the results of a statistical analysis and by computing location recognition accuracy results, we explored in detail the potential utilization of calendar location data to detect the driver's intentions. In order to exploit the numerous diverse data inputs available in modern vehicles, we investigate the suitability of different Computational Intelligence (CI) techniques, and propose a novel fuzzy computational modelling methodology. Finally, we outline the impact of applying advanced CI and Big Data analytics techniques in modern vehicles on the driver and society in general, and discuss ethical and legal issues arising from the deployment of intelligent self-learning cars

AAPOR Report on Big Data

In recent years we have seen an increase in the amount of statistics in society describing different phenomena based on so called Big Data. The term Big Data is used for a variety of data as explained in the report, many of them characterized not just by their large volume, but also by their variety and velocity, the organic way in which they are created, and the new types of processes needed to analyze them and make inference from them. The change in the nature of the new types of data, their availability, the way in which they are collected, and disseminated are fundamental. The change constitutes a paradigm shift for survey research.There is a great potential in Big Data but there are some fundamental challenges that have to be resolved before its full potential can be realized. In this report we give examples of different types of Big Data and their potential for survey research. We also describe the Big Data process and discuss its main challenges

Review of Parameters in Routing Protocols in Vehicular Ad-hoc Networks

Vehicular Ad_hoc Network  (VANET) is a sophisticated elegance of devoted cellular network that permits automobiles to intelligently communicate for different   roadside infrastructure. VANETs bring with it some of demanding situations associated with Quality of Service (QoS) and performance. QoS relies upon on many parameters which includes packet transport ratio, bandwidth, postpone variance, records latency, etc. This paper, discuss numerous troubles associated with latency records, bandwidth usage, and transport of packet in VANETs. The demanding situations have been recognized in offering security, reliability and confidentiality of posted records. Finally, numerous packages of VANETs also are introduced in the modern computing scenario

Fundamental Rights of workers in the Digital Age: A methodological approach from a case study. WP C.S.D.L.E. "Massimo D'Antona" .INT - 89/2011

The relationship between employer and worker is not only obligatory but above all, as Sinzheimer said, a ‘relationship of power’. In the Digital Age this statement is confirmed by the massive introduction of ICT in most of the companies that increase, in practice, employer’s supervisory powers. This is a worrying issue for two reasons: on one hand, ICT emerge as a new way to weaken the effectiveness of fundamental rights and the right to dignity of workers; and, on the other hand, Spanish legal system does not offer appropriate solutions to ensure that efficacy. Moreover, in a scenario characterized by a hybridization of legal systems models –in which traditional hard law methods are combined with soft law and self regulation instruments–, the role of our case law has become very important in this issue. Nevertheless, despite the increase of judicialization undergone, solutions offered by Courts are so different that do not give enough legal certainty. Facing this situation, I suggest a methodological approach –using Alchourron and Bulygin’s normative systems theory and Alexy’s fundamental rights theory– which can open new spaces of decision to legal operators in order to solve properly these problems. This proposal can allow setting a policy that guarantees fundamental rights of workers, deepening their human freedom in companies from the Esping-Andersen’s de-commodification perspective. With this purpose, I examine electronic communications in the company as a case study

Regulating Search Warrant Execution Procedure for Stored Electronic Communications

Electronic communication services, from email, to social media, tomessaging applications, have not only dramatically changed daily life but have also had a profound impact on criminal investigations and procedure.The often large volume of electronically stored information has led to a two-step process for search warrant execution, codified in Federal Criminal Procedure Rule 41. When conducting a search pursuant to Rule 41, law enforcement often retains both responsive items—materials that fall within the scope of the warrant—and nonresponsive materials—intermingled items that can be searched, but ultimately exceed the scope of the warrant. This possession of nonresponsive material creates a tension between the account holder’s privacy interests and the government’s ability to conduct an effective search.Courts and scholars have implemented and proposed a range of approaches for search warrant execution inlight of concerns about sweeping general searches and the practicalities of searching electronically stored information. This Note examines these approaches to regulate search warrant execution procedure in the context of stored electronic communications. This Note also discusses the strengths and shortcomings of these various mechanisms and concludes that Rule 41 should be amended to provide standards for the retention and use of nonresponsive material