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  Dilemmas in Digital Abuse

  Thomas E. Kadri

  Digital abuse is on the rise. People are increasingly using networked technologies to engage in harassment, stalking, privacy invasions, and surveillance. The law will often adapt to deal with harmful technologies, but is it adapting quickly enough? Is law even the right tool to confront digital abuse? If it is, which laws work best and who should enforce them?

  One of the pressing challenges of our time is deciding whether and how to regulate digital abuse. Through a range of “dilemmas” involving digital abuse, this book will interrogate responses to various harms enabled by networked technologies, exploring issues related to civil rights, consumer protection, cybercrime, free speech, privacy, and private self-governance. In covering these topics, this book confronts issues related to gender, race, class, sexuality, and intersectionality, all of which are crucial to understanding how our society shapes and is shaped by technology.

  My goal in publishing these dilemmas is to do my part to make legal education more affordable, accessible, and adaptable. That’s why I’m making the book available to all for free. By using a CC BY-NC license, I’m also inviting others to adapt these materials for their own use, so long as they adhere to the non-commerciality and attribution terms. (Anyone interested in “remixing” this book for their own purposes should feel free to contact me at tek@uga.edu, including if you’d like a more adaptable non-PDF version.)

  You’re welcome to print any part of this book if you want a hard copy to accompany the digital version. If you do print it, I ask that you please be environmentally conscious by using double-sided pages. Because the digital version can be easily searched, it contains no index or other finding aids that are conventional for printed books. You should also be able to enhance your experience with the digital version by highlighting text, adding comments, and annotating it in any other ways you find helpful.

  You may also purchase a hard copy for around $14 here. This paperback version is made and distributed by Lulu, and I make no revenue from any sales.

  Given that this book focuses extensively on different forms of abuse and violence, I caution that some of the dilemmas might induce trauma or distress. I worry that providing individualized content warnings before each dilemma would reflect my own perspectives and experiences but exclude what might trigger other people, especially because the legal and social issues surrounding digital abuse challenge us to confront difficult and disturbing issues in ways I can’t always predict in advance. Individualized warnings might also bias a reader’s analysis when responding to the questions following each dilemma. As a result, I offer this general content warning here and encourage readers to be in the right headspace—whatever that might mean to you—when engaging with these dilemmas.

  Finally, I welcome any reactions to this book. Please reach out if you think important perspectives are missing or if you find errors or typos. I surely have blind spots in the way I present some topics, plus I lack a professional editor to catch my linguistic blunders. You can contact me at tek@uga.edu with any constructive criticism.

  Some of the dilemmas in this book can be addressed without conducting outside research, while others build on materials covered in my Digital Abuse course. If you’d like to see the syllabus designed to accompany these dilemmas, please visit www.thomaskadri.com/digital-abuse.

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  Cybercrime Scenarios

  Thomas E. Kadri and Samuel Won

  Technological innovation alters the commission, definition, and conception of crime. In some cases, computers, social media, and the internet have made existing criminal activity harder to detect or easier to commit. In other cases, they’ve created new forms of criminal activity that challenge longstanding views about the permissibility and punishment of human behavior. Through a range of cybercrime scenarios, this book will address topics such as digital privacy, free speech, terrorism, cybersecurity, image-based sexual abuse, stalking, harassment, doxing, and identity theft.

  Our goal in publishing these scenarios is to do our part to make legal education more affordable, accessible, and adaptable. That’s why we’re making the book available to all for free. By using a CC BY-NC license, we’re also inviting others to adapt these materials for their own use, so long as they adhere to the non-commerciality and attribution terms. (Anyone interested in “remixing” this book for their own purposes should feel free to contact us at tek@uga.edu, including if you’d like a more adaptable non-PDF version.)

  You’re welcome to print any part of this book if you want a hard copy to accompany the digital version. If you do print it, we ask that you please be environmentally conscious by using double-sided pages. Because the digital version can be easily searched, it contains no index or other finding aids that are conventional for printed books. You should also be able to enhance your experience with the digital version by highlighting text, adding comments, and annotating it in any other ways you find helpful.

  You may also purchase a hard copy for around $14 here. This paperback version is made and distributed by Lulu, and I make no revenue from any sales.

  Given that this book focuses extensively on different forms of abuse and violence, we caution that some of the scenarios might induce trauma or distress. We worry that providing individualized content warnings before each scenario would reflect our own perspectives and experiences but exclude what might trigger other people, especially because the legal and social issues surrounding cybercrime challenge us to confront difficult and disturbing issues in ways we can’t always predict in advance. Individualized warnings might also bias a reader’s analysis when responding to the questions following each scenario. As a result, we offer this general content warning here and encourage readers to be in the right headspace—whatever that might mean to you—when engaging with these scenarios.

  Finally, we welcome any reactions to this book, so please reach out if you think important perspectives are missing or if you find errors or typos. We surely have blind spots in the way we present some topics, plus we lack a professional editor to catch our linguistic blunders. You can contact us at tek@uga.edu with any constructive criticism.

  Some of the scenarios in this book can be addressed without conducting outside research, while others build on materials covered in Professor Kadri’s Cybercrime course. If you’d like to see the syllabus designed to accompany these scenarios, please visit www.thomaskadri.com/cybercrime.

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  Defamation, Privacy, and the First Amendment: Cases & Problems

  George Biashvili

  I created this resource in anticipation of teaching my Torts II class, which will primarily explore defamation and privacy torts. Though I searched for a suitable coursebook, I found that none contained all of the opinions I consider essential for teaching the nuances and complexities of these subjects. Additionally, I wanted to spare my students the exorbitant price tags associated with traditional law school texts. Hence, I assembled a collection of relevant privacy and defamation cases that align with the objectives of my course. Each case is accompanied by a set of questions to further stimulate class discussion. Where I thought necessary, I included clarifying comments and summaries. I made this resource available under the Creative Commons Attribution-NonCommercial (CC BY-NC) license and hope that others will not only use it to their own benefit, but adapt it to meet their own needs (provided they respect the non-commerciality and attribution conditions).

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  Carlsons' Guide to Evidence Authentication: Essential Foundations for Georgia Advocates (Third Edition)

  Ronald Carlson and Michael Scott Carlson

  This publication is targeted to Georgia lawyers and judges. It is of particular use by Georgia attorneys who are commanded by state appellate court decisions to consult federal decisions along with Georgia cases under Georgia's "new" Evidence Code when arguing evidentiary principles. The book provides critical information for resolving evidence disputes in Georgia's trial and appellate courts.

  Carlsons’ Guide to Evidence Authentication is designed to go to court. The smaller counterpart to Carlson on Evidence features alphabetical organization, structure by key evidence terms, sample evidentiary foundations, and “Q&A’s”- for a host of evidence. It focuses on succinct analysis of crucial evidence concepts in “new” Georgia and Eleventh Circuit authority.

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  Supreme Bias: Gender and Race in U.S. Supreme Court Confirmation Hearings

  Christina L. Boyd; Paul M. Collins, Jr.; and Lori A. Ringhand

  In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.

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  Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience

  Nathan Chapman and Michael W. McConnell

  In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America.
  
  The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it?
  
  Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices.
  
  In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

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  The Law of American Health Care (Third Edition)

  Nicole Huberfield, Elizabeth Weeks Leonard, Kevin Outterson, and Matthew Lawrence

  A student-friendly casebook for the new generation of health lawyers in an evolving legal landscape, The Law of American Health Care emphasizes lightly, carefully edited primary source excerpts, plain-language exposition, focused comprehension questions, and problems for concept application. It introduces key themes and uses them as a conceptual anchor so when the law inevitably changes, students have tools to nimbly move forward. These themes include: federalism; individual rights; fiduciary relationships; the administrative state; markets and regulation; and equity and distribution. The book engages topics in-depth, to give students a comprehensive understanding of the most important features of health care law and hands-on experience working through cutting-edge issues.

  New to the 3rd Edition:

  • Current debates about government power among public health officials, legislatures, judges, and other state actors, including issues arising from the COVID-19 pandemic
  • Public insurance materials reorganized so students can better absorb Medicare/Medicaid and apply lessons of the pandemic and litigation over various issues
  • Solidification of ACA reforms, including surprise billing legislation and changes in the exchange subsidies that attempted to fill the Medicaid coverage gap
  • Consolidated health care business organization materials
  • New/revised materials and new cases in tax exempt entities and health care fraud/abuse, state action doctrine, and discrimination in healthcare/health insurance (including history of attempts to address health care discrimination, 1964 Civil Rights Act Title VI, ADA, HIPAA portability, ACA guaranteed issue, renewal, community rating, and Section 1557)
  • Government enforcement’s more aggressive approach to labor issues
  • Dobbs v. Jackson Women’s Health and ensuing state law chaos and federal/state conflicts
  • Increased use of digital health care tools and telehealth driven by the pandemic
  • Right-to-try movement and other features of biomedical research that became more relevant during the pandemic

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  Feminist Judgments: Corporate Law Rewritten

  Anne Choike, Usha Rodrigues, and Kelli Alces Williams

  Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

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  A Research Agenda for Corporate Law

  Christopher Bruner and Marc Moore

  This timely Research Agenda explores key dynamics and cutting-edge developments within corporate law. Bringing together a diverse range of scholars hailing from different jurisdictions, ideological perspectives, and methodological backgrounds, it provides a roadmap for future research in the field.
  
  Through the investigation of different doctrinal and normative issues, leading scholars consider how evolving conceptual foundations, capital markets, social and cultural contexts, and technologies may impact corporate law and governance research. Ground-breaking contributions examine the increasingly global nature of corporate production and investment markets and the influence this has on the wider dynamics in the fields, suggesting new directions for navigating this complex and fascinating terrain.
  
  Students and scholars of corporate law, corporate governance, and law and business will value the innovative ideas unpacked in this state-of-the-art Research Agenda. Its forward looking and practical insights will also benefit practitioners and policymakers in corporate law, corporate governance, sustainability, business law, and economics.

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  Trial Handbook for Georgia Lawyers, 2023-2024 ed.

  Ronald Carlson, Julian A. Cook, and Michael Scott Carlson

  Trial Handbook for Georgia Lawyers examines Georgia-specific issues faced daily by trial attorneys, and analyzes the latest Georgia caselaw, rules, and statutes, with proper authorities cited. The work also reviews all critical aspects of Georgia trial practice, discussing substantive and procedural law in detail, with citation to controlling cases, statutes, and rules. Chapter topics include:

  • Conduct of trial
  • Motions during trial
  • Default and dismissal
  • Criminal trials
  • Competency of witnesses to testify

  The publication details every aspect of a trial sequentially, providing quick access to the basic principles of trial law and the proper application of those principles.