Fighting Cybercrime After \u3cem\u3eUnited States v. Jones\u3c/em\u3e

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus on the technologies that make collecting and aggregating large quantities of information possible. In those efforts, we focused on reasonable expectations held by “the people” that they will not be subjected to broad and indiscriminate surveillance. These expectations are anchored in Founding-era concerns about the capacity for unfettered search powers to promote an authoritarian surveillance state. Although we also readily acknowledged that there are legitimate and competing governmental and law enforcement interests at stake in the deployment and use of surveillance technologies that implicate reasonable interests in quantitative privacy, we did little more. In this Article, we begin to address that omission by focusing on the legitimate governmental and law enforcement interests at stake in preventing, detecting, and prosecuting cyber-harassment and healthcare fraud

Why Justice Scalia Should Be a Constitutional Comparativst . . . Sometimes

The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest between textualists and those more inclined to read the Constitution as a living document. As a consequence, it tends to be politicized, if not polemic. This essay begins to shift the debate toward a more rigorous focus on first principles. In particular, it argues that full faith to the basic commitments of originalism, as advanced in Justice Scalia’s writings, opinions, and speeches, requires domestic courts to consult contemporary foreign sources when interpreting universalist language found in the Constitution. While the essay does not propose a full-blooded theory of constitutional comparativism, it sketches the outlines and sets the stage for further conversation

A No-Excuse Approach to Transitional Justice: Reparations As Tools of Extraordinary Justice

It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed — such as those made by Americans of Japanese descent interned during World War II and those made by European Jews against Germany after World War II — most do not. The principal culprits in these failures are objections that reflect commitments to “ethical individualism.” By way of response, some advocates attempt to put reparations back on course by appealing to theories of collective responsibility. Where put strongly, these theories suffer from basic conceptual deficits. Weaker versions, such as theories based on moral taint and related efforts that seek atonement or reconciliation, turn on moral sentiments, such as regret, and therefore cannot give rise to objective and externally enforceable duties of repair. More creative solutions, such as approaches pursuing “restorative justice,” have some intuitive appeal but want for theoretical clarity and therefore fail to provide persuasive practical guidance. This Article proposes a new approach. Rather than conceiving of reparations as solely retrospective, which implicates knotty issues of responsibility, or solely prospective, which raises problems of enforceability and political practicality, this Article argues that reparations are Janus-faced. In keeping with a larger project arguing that transitional justice is not just a special case of ordinary justice, this Article suggests treating transitions as liminal moments and contends that reparations ought to reflect the extraordinary conditions implied by this temporal status “betwixt and between” an abusive past and a future committed to democracy, human rights, and the rule of law

In Defense of Specialized Theft Statutes

This essay is an invited contribution to a symposium hosted by the New England Law Review in celebration of Stuart Green’s important book 13 Ways to Steal a Bicycle. As we note, Professor Green’s argument is so reasonable and executed in such elegant prose, there is little call for anything other than praise. Nevertheless, in the spirit of academic exchange, we challenge Professor Green’s skepticism of specialized theft statutes. Relying on retributivist theories of criminal punishment, we argue that specialized theft statutes have an important role to play in contemporary criminal law by educating the public about the necessary commitments that must be maintained in order to facilitate emerging fields of art, technology, and commerce and by guarding the boundaries of those enterprises. In the process, we propose an “enterprise theory” of theft that justifies criminal prohibition as a tool to defend vulnerable social enterprises ranging from retail sales to copyright

Suppression of Classical and Quantum Radiation Pressure Noise via Electro-Optic Feedback

We present theoretical results that demonstrate a new technique to be used to improve the sensitivity of thermal noise measurements: intra-cavity intensity stabilisation. It is demonstrated that electro-optic feedback can be used to reduce intra-cavity intensity fluctuations, and the consequent radiation pressure fluctuations, by a factor of two below the quantum noise limit. We show that this is achievable in the presence of large classical intensity fluctuations on the incident laser beam. The benefits of this scheme are a consequence of the sub-Poissonian intensity statistics of the field inside a feedback loop, and the quantum non-demolition nature of radiation pressure noise as a readout system for the intra-cavity intensity fluctuations.Comment: 4 pages, 1 figur

Fluid-Induced Propulsion of Rigid Particles in Wormlike Micellar Solutions

In the absence of inertia, a reciprocal swimmer achieves no net motion in a viscous Newtonian fluid. Here, we investigate the ability of a reciprocally actuated particle to translate through a complex fluid that possesses a network using tracking methods and birefringence imaging. A geometrically polar particle, a rod with a bead on one end, is reciprocally rotated using magnetic fields. The particle is immersed in a wormlike micellar (WLM) solution that is known to be susceptible to the formation of shear bands and other localized structures due to shear-induced remodeling of its microstructure. Results show that the nonlinearities present in this WLM solution break time-reversal symmetry under certain conditions, and enable propulsion of an artificial "swimmer." We find three regimes dependent on the Deborah number (De): net motion towards the bead-end of the particle at low De, net motion towards the rod-end of the particle at intermediate De, and no appreciable propulsion at high De. At low De, where the particle time-scale is longer then the fluid relaxation time, we believe that propulsion is caused by an imbalance in the fluid first normal stress differences between the two ends of the particle (bead and rod). At De~1, however, we observe the emergence of a region of network anisotropy near the rod using birefringence imaging. This anisotropy suggests alignment of the micellar network, which is "locked in" due to the shorter time-scale of the particle relative to the fluid

Toward a Next Generation Data Modeling Facility: Neither the Entity-Relationship Model nor UML Meet the Need

In this article, we define five purposes of a data model and describe a typical data modeling problem. We then evaluate the Entity-Relationship and Unified Modeling Language data models against those five purposes in the context of the example problem. We find severe limitations with both data models. We conclude the article with a survey of the characteristics needed for a new data model