Data collection provides attractive opportunities for businesses to improve services, enhance marketing efforts, and generate revenue through data sharing practices.1 As a result, businesses today are collecting mass quantities of data, leading to devastating data breaches.2 Juniper Research projects that United States-based breaches will account for the majority of all data breaches in the world by 2023 because of data stockpiling practices.3 Consumers, businesses, and lawmakers are struggling to adapt to an ever-changing technological landscape. Today, data breaches are inevitable.4 How can businesses address the threat of hackers with the means to change, adapt, and persist? Of course,
{"title":",,,Kansans at Risk: Strengthened Data Breach Notification Laws as a Deterrent to Reckless Data Storage","authors":"Emily Matta","doi":"10.17161/1808.28086","DOIUrl":"https://doi.org/10.17161/1808.28086","url":null,"abstract":"Data collection provides attractive opportunities for businesses to improve services, enhance marketing efforts, and generate revenue through data sharing practices.1 As a result, businesses today are collecting mass quantities of data, leading to devastating data breaches.2 Juniper Research projects that United States-based breaches will account for the majority of all data breaches in the world by 2023 because of data stockpiling practices.3 Consumers, businesses, and lawmakers are struggling to adapt to an ever-changing technological landscape. Today, data breaches are inevitable.4 How can businesses address the threat of hackers with the means to change, adapt, and persist? Of course,","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67513226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":",,,Front Matter, University of Kansas Law Review Vol. 67 Number 4","authors":"","doi":"10.17161/1808.29335","DOIUrl":"https://doi.org/10.17161/1808.29335","url":null,"abstract":"","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67513324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":",,,Using Opioid Settlement Proceeds for Public Health: Lessons from the Tobacco Experience","authors":"","doi":"10.17161/1808.29336","DOIUrl":"https://doi.org/10.17161/1808.29336","url":null,"abstract":"","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67513354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rise of veterans issues in our local communities since the Global War on Terrorism began in 2001 has seen the phrase “veterans law” grow and surge in a number of different aspects. The term “veterans law” is a relatively recent term in jurisprudence and, over the past decade, has evolved into many different meanings. Among other things, the term could refer to the law issued from the federal appellate court deciding veterans’ claims for benefits from the Department of Veterans Affairs (VA). “Veterans law” could also be used to discuss the litigation and legislation regarding the types of discharges veterans face and the implications of these discharges when seeking benefits. In 1988, when Congress created a new federal appellate court whose sole purpose was to provide oversight to decisions made by the VA, it was the first time that judicial oversight was specifically applied to veterans’ claims. As Chief Judge Frank Q. Nebeker, the first Chief Judge of the new court phrased the issue, “For the first time, the court
{"title":",,,Thirty Years of Veterans Law: Welcome to the Wild West","authors":"Stacey-Rae Simcox","doi":"10.17161/1808.27734","DOIUrl":"https://doi.org/10.17161/1808.27734","url":null,"abstract":"The rise of veterans issues in our local communities since the Global War on Terrorism began in 2001 has seen the phrase “veterans law” grow and surge in a number of different aspects. The term “veterans law” is a relatively recent term in jurisprudence and, over the past decade, has evolved into many different meanings. Among other things, the term could refer to the law issued from the federal appellate court deciding veterans’ claims for benefits from the Department of Veterans Affairs (VA). “Veterans law” could also be used to discuss the litigation and legislation regarding the types of discharges veterans face and the implications of these discharges when seeking benefits. In 1988, when Congress created a new federal appellate court whose sole purpose was to provide oversight to decisions made by the VA, it was the first time that judicial oversight was specifically applied to veterans’ claims. As Chief Judge Frank Q. Nebeker, the first Chief Judge of the new court phrased the issue, “For the first time, the court","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67512640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The opioid crisis within the United States is often characterized as primarily impacting mainstream America, particularly suburban and rural white populations with predictive social and economic determinants. The epidemic is much more expansive than the original and reinforced popular narratives suggest. Between 2016 and 2017, American Indians and Alaska Natives (AI/AN) experienced the highest percentage rate increase in opioid prescription deaths and the second highest increase in overall opioid-related deaths. The opioid crisis has proven particularly disruptive to Indigenous Nations, and tribal governments have consequently engaged in many different strategies to bring relief to their communities, including
{"title":",,,Beyond an Emergency Declaration: Tribal Governments and the Opioid Crisis","authors":"S. Leeds","doi":"10.17161/1808.29340","DOIUrl":"https://doi.org/10.17161/1808.29340","url":null,"abstract":"The opioid crisis within the United States is often characterized as primarily impacting mainstream America, particularly suburban and rural white populations with predictive social and economic determinants. The epidemic is much more expansive than the original and reinforced popular narratives suggest. Between 2016 and 2017, American Indians and Alaska Natives (AI/AN) experienced the highest percentage rate increase in opioid prescription deaths and the second highest increase in overall opioid-related deaths. The opioid crisis has proven particularly disruptive to Indigenous Nations, and tribal governments have consequently engaged in many different strategies to bring relief to their communities, including","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67513462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The question of what factors an agency may rely upon to justify a particular implementation of a statutory mandate underpins much of administrative law. Whether reviewing the Environmental Protection Agency’s implementation of national primary ambient air quality standards under the Clean Air Act’s mandate to establish levels “requisite to protect the public health” or the Social Security Administration’s interpretation of disability under the Social Security Act, a court must engage the justifications an agency provided for its action. In this way, agency reason giving facilitates judicial control of administration, and judicial assessment of an agency’s reasons necessarily entails assessment of the factors upon which an agency relied to reach any particular conclusion. Administrative reason giving occurs within statutory and political contexts that determine the sufficiency of reasons an agency provided. If the judicial review that administrative reason giving facilitates is to have
{"title":",,,The Parameters of Administrative Reason Giving","authors":"Alexander W. Resar","doi":"10.17161/1808.27735","DOIUrl":"https://doi.org/10.17161/1808.27735","url":null,"abstract":"The question of what factors an agency may rely upon to justify a particular implementation of a statutory mandate underpins much of administrative law. Whether reviewing the Environmental Protection Agency’s implementation of national primary ambient air quality standards under the Clean Air Act’s mandate to establish levels “requisite to protect the public health” or the Social Security Administration’s interpretation of disability under the Social Security Act, a court must engage the justifications an agency provided for its action. In this way, agency reason giving facilitates judicial control of administration, and judicial assessment of an agency’s reasons necessarily entails assessment of the factors upon which an agency relied to reach any particular conclusion. Administrative reason giving occurs within statutory and political contexts that determine the sufficiency of reasons an agency provided. If the judicial review that administrative reason giving facilitates is to have","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67512804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":",,,Mise en Scène and the Decisive Moment of Visual Legal Rhetoric","authors":"","doi":"10.17161/1808.29988","DOIUrl":"https://doi.org/10.17161/1808.29988","url":null,"abstract":"","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67513110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":",,,Fraud, Abuse, and Opioids","authors":"Stacey A. Tovino","doi":"10.17161/1808.29341","DOIUrl":"https://doi.org/10.17161/1808.29341","url":null,"abstract":"","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67512993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":",,,From Opioids to Marijuana: Out of the Tunnel and Into the Fog","authors":"","doi":"10.17161/1808.29339","DOIUrl":"https://doi.org/10.17161/1808.29339","url":null,"abstract":"","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67513402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":",,,You Better Work: Employment Discrimination, Title VII, and Sexual Orientation","authors":"Bridget Brazil","doi":"10.17161/1808.27736","DOIUrl":"https://doi.org/10.17161/1808.27736","url":null,"abstract":"","PeriodicalId":83417,"journal":{"name":"University of Kansas law review. University of Kansas. School of Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67512889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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