CSI Las Vegas: Privacy, Policing, and Profiteering in Casino Structured Intelligence

This Article argues that the intricate, vast amounts of consumer information compiled through casino structured intelligence require greater protection and oversight in the contexts of both bankruptcy and law enforcement. Section II examines the various types of casino technology and information gathering that casinos perform. Section III considers the available protections of private information in terms of security breaches, law enforcement sharing, and sales in the context of a bankruptcy. Section IV discusses additional safeguards and ethical concerns that should be considered as casinos continue to increase their data mining efforts. Finally, Section V concludes that, minimally, consumers are entitled to more candid disclosures and a meaningful opportunity to protect their own privacy

Representative Defendants

Everyone except the defendant in a criminal proceeding somehow represents the people. Prosecutors, judges, and juries are all considered public agents. Defendants in contrast are thought of as parochial, interested in nothing more than saving their own skins. This broadly shared understanding of criminal court actors was not historically fated nor is it legally accurate today. The Constitution tasks criminal defendants with significant public responsibility. They frequently represent the interests of third parties who have no direct stake in defendants\u27 criminal cases. Defendants vindicate the participatory rights of excluded jurors, they deter unconstitutional searches and seizures that could harm innocent civilians in the future, and they help ensure the transparent and expeditious functioning of the criminal justice system for the public\u27s benefit. Neither courts nor commentators recognize these representative actions as part of a coherent account of defendants\u27 role in the legal system. But representative defendants serve some of the same functions that representative plaintiffs do in the civil setting: overcoming information deficits, low-dollar-value harms, and resource scarcity, all of which make it unlikely that individual harm bearers will seek recourse in court. Courts, commentators, and the public should be clear-eyed about the role defendants play in our legal system. Doing so would help modulate criminal justice policy and enable defense counsel to more effectively challenge the systematic, third-party harms that criminal justice institutions generate

Civil Procedure as a Critical Discussion

This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and a concluding phase. Those phases are the umbrella under which discrete argumentation phases occur at points we call stases. Whenever litigants seek a ruling or judgment, they reach a stasis—a stopping or standing point for arguing procedural points of disagreement. During these stases, the parties make arguments that fall into predictable “commonplace” argument types. Taken together, these stock argument types form a taxonomy of arguments for all civil cases. Our claim that the Federal Rules of Civil Procedure function as a system for argumentation is novel, as is our claim that civil cases breed a taxonomy of argument types. These claims also mark the beginning of a broader project. Starting here with the Federal Rules of Civil Procedure, we embark on a journey that we expect to follow for several years (and which we hope other scholars will join), exploring our model’s application across dispute resolution systems and using it to make normative claims about those systems. From a birds-eye view, this Article also represents a short modern trek in a much longer journey begun by advocates in city states in and near Greece nearly 2500 years ago

Taking the Punishment Out of the Process: From Substantive Criminal Justice Through Procedural Justice to Restorative Justice

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace

Professional legal education in Scotland

Scotland is a small jurisdiction. With a legal profession of approximately 9000 solicitors and over 450 practicing advocates serving a population of around 5 million, our legal bar is smaller in size than the legal bar of many states in the United States.1 Our solutions to problems of professional education are appropriate to our jurisdictional size, our character, and our history. However, one theme of this Article is that common educational issues exist among jurisdictions despite differences in size or in legal structure. Another theme deals with a matter of particular concern in Scotland, namely the problem of educating for practice, and in particular creating the most effective forms of program and curriculum design for training and education at the professional stage. Part I of this Article summarizes the current Scottish professional legal education program, set in the context of the legal education and the legal profession generally. Part II illustrates some aspects of the professional education program with reference to a case study, the Diploma in Legal Practice at the Glasgow Graduate School of Law. Finally, this Article outlines some of the issues or themes from the Scottish experience that might be applicable to alternatives to the United States' Bar Exam

FLORIDA\u27S DOWNTOWNS: THE KEY TO SMART GROWTH, URBAN REVITALIZATION, AND GREEN SPACE PRESERVATION

This article reviews Florida\u27s growth management system, which has spurred suburban development, and its negative impact on Florida\u27s cities. As Florida\u27s governor and legislature have turned their focus to this issue, this article evaluates policy recommendations to limit Florida\u27s suburban sprawl and invigorate its urban centers

A Survey Instrument to Develop, Tailor, and Help Measure Law Student Cultural Diversity Education Learning Outcomes

Despite the importance of cultural competence for effective legal practice, law schools have not yet developed a systematic method for helping students develop awareness of how cultural perspectives shape lawyer-client interactions, affect transactions, and influence the development of the law. This article identifies ways law schools might conceptualize learning outcomes that will enhance law students\u27 abilities to effectively represent clients in today\u27s multicultural world and global legal environment. It provides legal educators with a statistically valid and reliable survey instrument developed to help identify, and potentially measure, some of those learning outcomes. It discusses the survey design and findings. Finally, this article suggests several ways our survey instrument and research can help legal educators conceptualize ways to integrate the inclusion of cultural sensibility learning and learning outcomes into the law school curricula

Learning to be Lawyers: Professional Identity and the Law School Curriculum

The Carnegie Report faults American legal education for focusing exclusively on doctrine and analytical skills and neglecting the formation of professional identity. According to the Report, law schools can fix this problem by enabling students to encounter appealing representations of professional ideals, connect in a powerful way with engaging models of ethical commitment within in the profession, and reflect on their [own] emerging professional identity in relation to those ideals and models. The Report identifies pro bono work, clinics, and externships as sites for this sort of learning, where students can interact with members of the profession and reflect on the models of professionalism that they encounter. Taking the Carnegie Report’s charge as a starting point, this article proposes an additional model for integrating a focus on professional identity into the law school curriculum. It profiles an experimental law school course that combined field work observations of practicing attorneys with in-class simulations of the work of a small law firm. The course was quite successful in prompting students to engage in an inquiry into what it is to be a lawyer and what kinds of lawyers they wanted to be. One student commented in a course evaluation, for example, that the course allowed him to see a new vision for what being a practicing lawyer can be. That this sort of exposure to professional exemplars and reflection on professional identity was possible in a non-clinic course was an exciting discovery, suggesting new directions for curricular design as law schools continue to meet the challenges of the Carnegie Report

International Poverty Law: A Response to Economic Globalization

This paper is directed at poverty lawyers and, more generally, anyone with an interest in the relationship between poverty and globalization. In this paper, I argue that poverty law needs to expand its scope in order to encompass the international dimensions of poverty, and to thereby become responsive to the current nature of poverty. This need is evident, because wealth and poverty have been globalized, domestic issues have become international issues, and international issues have become domestic issues and produced domestic changes. After establishing these premises, I describe five areas of research and advocacy, each of which is located within the rubric of economic globalization, for international poverty lawyers. These areas are (1) the destruction of community, (2) the evisceration of democratic politics, (3) systemic inequality, (4) forced globalization and its budgetary effects, and (5) the repealing of civil rights. In conclusion, I suggest a number of tools for international poverty lawyers who seek to engage in the areas mentioned above. These include a comparative law perspective, the international regulatory agenda, and the sociological imagination