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Feasting on Precarity - Los Angeles Review of Books
"Uberland How Algorithms Are Rewriting the Rules of Work By Alex Rosenblat Published 10.23.2018 University of California Press 296 Pages"
book  review  work  labor  technology  arbitrage  regulation  rhetoric  law 
5 weeks ago by tsuomela
CAP API | Caselaw Access Project
"The Caselaw Access Project API, also known as CAPAPI, serves all official US court cases published in books from 1658 to 2018. The collection includes over six million cases scanned from the Harvard Law Library shelves."
data-sources  law  libraries  database  api 
october 2018 by tsuomela
The Recent Unpleasantness: Understanding the Cycles of Constitutional Time by Jack M. Balkin :: SSRN
"This article, originally given as the 2017 Addison C. Harris Lecture at Indiana University, analyzes recent events in terms of three great cycles of change in American constitutional history. The first is the cycle of the rise and fall of political regimes. The second is the cycle of polarization and depolarization. The third is the cycle of the decay and renewal of republican government--the cycle of constitutional rot. Each of these cycles operates on a different time scale. Their interaction generates "constitutional time." Many commentators worry that the United States is in a period of constitutional crisis, or that American democracy is doomed. These fears, although understandable, are overstated. America is not in a constitutional crisis, although it is suffering from a fairly severe case of constitutional rot, connected to rising polarization and economic inequality. Our current difficulties are a temporary condition. They stem from the fact that the Reagan regime that has structured American politics since the 1980s is dying, but a new regime has yet to be born. This is a difficult, agonizing, and humbling transition; and its difficulty is enhanced by the fact that, unlike the last transition, it occurs at the peak of a cycle of polarization and at the low point of a cycle of constitutional rot. For that reason, the transition to a new political regime is likely to be especially difficult. But we will get through it. And when we get through it, about five to ten years from now, American politics will look quite different. Political renewal is hardly foreordained: it will require persistence and political effort. The point of this lecture is to offer a bit of hope in difficult times. If people misunderstand our situation, and conclude that American decline is inevitable, they may unwittingly help to make that fate a reality; but if they understand the cycles of constitutional time, they may come to believe that their democracy can be redeemed, and do their part to realize that worthy goal. "
political-science  law  constitution  history  american-studies 
august 2018 by tsuomela
The 200-Year Legal Struggle That Led to Citizens United | The New Republic
"WE THE CORPORATIONS: HOW AMERICAN BUSINESSES WON THEIR CIVIL RIGHTS by Adam Winkler Liveright, 496 pp., $28.95"
corporation  law  people  supreme-court  book  review 
june 2018 by tsuomela
Limitless Worker Surveillance by Ifeoma Ajunwa, Kate Crawford, Jason Schultz :: SSRN
"From the Pinkerton private detectives of the 1850s, to the closed-circuit cameras and email monitoring of the 1990s, to contemporary apps that quantify the productivity of workers, American employers have increasingly sought to track the activities of their employees. Along with economic and technological limits, the law has always been presumed as a constraint on these surveillance activities. Recently, technological advancements in several fields – data analytics, communications capture, mobile device design, DNA testing, and biometrics – have dramatically expanded capacities for worker surveillance both on and off the job. At the same time, the cost of many forms of surveillance has dropped significantly, while new technologies make the surveillance of workers even more convenient and accessible. This leaves the law as the last meaningful avenue to delineate boundaries for worker surveillance. In this Article, we examine the effectiveness of the law as a check on worker surveillance, given recent technological innovations. In particular, we focus on two popular trends in worker tracking – productivity apps and worker wellness programs – to argue that current legal constraints are insufficient and may leave American workers at the mercy of 24/7 employer monitoring. We then propose a new comprehensive framework for worker privacy protections that should withstand current and future trends."
law  surveillance  work  privacy 
march 2016 by tsuomela
VOX – Pol | Check the Web: Assessing the Ethics and Politics of Policing the Internet for Extremist Material
"This report draws on insights from representatives of civil society, law enforcement and industry groups to offer fresh perspectives on the policing of extremist material online. Evidently, the Internet now serves not only as a breeding ground for extremism, but also offers myriad data streams which potentially hold great value to law enforcement. Using an international legal framework as a starting point, the report explores the technical, political and ethical complexities of policing the web for extremist material, and its implications for security, privacy and human rights."
report  internet  extremism  police  law  regulation 
december 2015 by tsuomela
Change of State | The MIT Press
"As the informational state replaces the bureaucratic welfare state, control over information creation, processing, flows, and use has become the most effective form of power. In Change of State Sandra Braman examines the theoretical and practical ramifications of this "change of state." She looks at the ways in which governments are deliberate, explicit, and consistent in their use of information policy to exercise power, exploring not only such familiar topics as intellectual property rights and privacy but also areas in which policy is highly effective but little understood. Such lesser-known issues include hybrid citizenship, the use of "functionally equivalent borders" internally to allow exceptions to U.S. law, research funding, census methods, and network interconnection. Trends in information policy, argues Braman, both manifest and trigger change in the nature of governance itself.After laying the theoretical, conceptual, and historical foundations for understanding the informational state, Braman examines 20 information policy principles found in the U.S Constitution. She then explores the effects of U.S. information policy on the identity, structure, borders, and change processes of the state itself and on the individuals, communities, and organizations that make up the state. Looking across the breadth of the legal system, she presents current law as well as trends in and consequences of several information policy issues in each category affected. Change of State introduces information policy on two levels, coupling discussions of specific contemporary problems with more abstract analysis drawing on social theory and empirical research as well as law. Most important, the book provides a way of understanding how information policy brings about the fundamental social changes that come with the transformation to the informational state."
book  publisher  information  policy  governance  government  law  social  state 
september 2015 by tsuomela
All Scientists Should Be Militant Atheists - The New Yorker
The headline is misleading. Argument is that nothing should be unquestionable, neither religion nor science.
science  religion  freedom  law  atheism 
september 2015 by tsuomela
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