Jurisprudence and general issues Books

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Book SynopsisA casebook to be used as the primary text for first-year law school contracts courses, written by a leading scholar in contract law.Renting a home, buying a ticket, downloading an app—humans enter into contracts constantly, often with little consciousness of the legal implications. We typically become alert to the consequences only when a problem arises. Contracting can increase our happiness by enabling us to do things that we would be otherwise unable to do, but heartbreak follows when things go wrong. This casebook, which can be used as a primary text for a first-year law school contracts course, covers a wide spectrum of quandaries that emerge in contract law, from problems of overreach and interpretation to enforcement and fraud. Taken together, these cases offer an exploration of contract pathology and introduce students to concepts that are essential to understanding the vast subject of Anglo-American contract law. This book is part of the Open

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Book Synopsis#1 New York Times bestselling author Alan Dershowitz recounts his extraordinary coming of age in this legal autobiography, as well as the cases that have changed American jurisprudence over the past fifty years, most of which he has personally been involved in.“Overflowing with fascinating and funny vignettes involving his cases and clients, and probing and provocative insights into contemporary legal controversies.”—The Boston GlobeAlan Dershowitz, the preeminent defense lawyer in America today, has been called the “winningest appellate criminal defense lawyer in history.” A professor at Harvard Law School since the age of twenty-five, he has led or been part of the defense team for such storied clients as Bill Clinton, Julian Assange, O. J. Simpson, Claus von Bülow, Mia Farrow, Jeffrey MacDonald, Patty Hearst, Mike Tyson, and countless others.In Taking the Stand, Dershowitz describes his evolution

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Book SynopsisThis important resource provides an overview of the major environmental policy issues, both historic and topical, and explains how science plays a role in various forms of policy response.Table of ContentsFigures and Table ix Foreword xv Preface xix The Author xxi The Contributors xxiii Chapter 1: The Clean Air Act and the National Environmental Policy Act 1 The Clean Air Act 2 National Ambient Air Quality Standards 7 State Implementation Plans 9 Hazardous Air Pollutants 11 New Source Performance Standards 12 Prevention of Significant Deterioration 12 Clean Air Interstate Quality Rule 13 The National Environmental Policy Act 13 Chapter 2: Particulate Matter 17 Characteristics and Deposition 18 Health Effects 21 Cardiovascular Disease and Particulate Matter 32 Particulate Matter and Public Policy 37 Chapter 3: Ozone 41 Health Effects 42 Nitrogen Oxides 54 Chapter 4: Sulfur Dioxide and Acid Rain 63 SO2 Health Effects 65 Health Policy: National Ambient Air Quality Standards 69 Acid Rain 69 Environmental Effects of Acid Rain and Deposition 73 Acid Rain and Environmental Policy 75 Chapter 5: Environmental Tobacco Smoke 81 The History of Smoking and Disease 82 Tobacco Smoke and Disease 84 Health Effects of Passive Smoking 89 Lung Cancer Epidemiology 91 Carcinogens in Cigarette Smoke 92 Smoking Cessation 94 Policy Controls on Tobacco and Cigarette Smoking 95 Global Smoking Today 97 Chapter 6: Children’s Environmental Health: Mercury and Lead 101 Leonardo Trasande The Unique Vulnerability of Children 102 Mercury as a Case Study 104 Lead as a Case Study 106 Outdoor Air Pollution as a Case Study 107 The National Children’s Study 108 Regulatory Policy and Children 109 Chapter 7: The Role of Community Advocacy Groups in Environmental Protection: Example of September 11, 2001 113 Catherine McVay Hughes, Kimberly Flynn, Craig Hall, Joan Reibman The Disaster 116 Chapter 8: The Medical Response to an Environmental Disaster: Lessons from the World Trade Center Attacks 137 Caralee Caplan-Shaw, Angeliki Kazeros, Sam Parsia, Joan Reibman Immediate Response to Environmental Exposure 139 Analysis of World Trade Center Dust 140 Role of the Medical Community in Identifying Adverse Health Effects in Diverse Populations 143 Local Residents, Workers, and Children 148 WTC Environmental Health Center 151 The WTC Health Registry 153 Lessons Learned 155 Chapter 9: Chlorofluorocarbons and the Development of the Ozone Hole 159 Chlorofluorocarbons 160 Ozone Layer 160 Field Measurements of Atmospheric Trace Species 167 Ozone Depletion and UV-B Radiation 170 Policy and the Montreal Protocol 172 Ozone Depletion and Climate Change 174 Medihaler Impediments to Controlling Ozone Depletion 175 Chapter 10: Global Warming Science and Consequences 179 Global Warming Basic Science: Greenhouse Gases 181 Environmental Consequences of Global Warming and Climate Change 186 Human Health Effects 197 Global Warming and the International Community 203 Chapter 11: National Green Energy Plan 205 Energy Efficiency 206 Oil 208 Natural Gas 216 Coal 218 Biofuels 223 Nuclear 227 Wind 230 Geothermal Energy and Hydropower 232 Biomass and Hut Lung 234 Solar 236 Chapter 12: Climate Change Policy Options 241 International Efforts to Prevent Climate Change 244 State, City, and Private Actions on Global Warming 247 U.S. Judiciary Branch and Climate Change 250 U.S. Executive Branch and Climate Change 252 Congress: The Climate Stewardship Act of 2003 Through the Climate Security Acts of 2008 and 2009 254 Economic Factors Surrounding Global Warming and Potential Solutions 260 Prospects for Climate Change Legislation Going Forward 262 Chapter 13: Environmental Policy and the Land: Wilderness Preservation 267 William N. Rom, Kim Elliman The History of Wilderness Protection 269 The History of Wilderness Protection Evolving from New York State’s Leadership 275 Debates over Wilderness 283 Problems with Implementation of the Wilderness Act 287 Executive Orders for Wilderness Protection 289 Current Wilderness Legislation 292 The Land and Water Conservation Fund and the Forest Legacy Program 294 National Wild and Scenic Rivers Act 294 The Endangered Species Act 295 Chapter 14: Environmental Policy and Advocacy Groups: The Wilderness Society: A Case Study 299 William H. Meadows Federal Public Lands and Wilderness 300 Why Wilderness? 301 Political Framework 302 The Wilderness Society and Public Policy 304 Wilderness Future 313 Chapter 15: Alaska: America’s Wilderness Frontier: A Case Study 319 Arctic National Wildlife Refuge 320 Alaska National Interest Lands Conservation Act: National Parks, Wildlife Refuges, and Wilderness 321 Oil Versus Wilderness on the ANWR 329 Chapter 16: The Clean Water Act and Water Ecosystems 337 The Clean Water Act 338 Safe Drinking Water Act 344 Water Ecosystems and Environmental and Public Health 348 Chapter 17: Toxic Chemicals in the Environment: Government Regulations and Public Health 355 Toxic Substances Control Act 356 Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) 360 Notes 369 Index 407ii

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Book SynopsisLearn about the most important legal milestones in history in The Law Book.Part of the fascinating Big Ideas series, this book tackles tricky topics and themes in a simple and easy to follow format. Learn about Law in this overview guide to the subject, great for novices looking to find out more and experts wishing to refresh their knowledge alike! The Law Book brings a fresh and vibrant take on the topic through eye-catching graphics and diagrams to immerse yourself in. This captivating book will broaden your understanding of Law, with:- More than 90 ground-breaking legal milestones- Packed with facts, charts, timelines and graphs to help explain core concepts- A visual approach to big subjects with striking illustrations and graphics throughout- Easy to follow text makes topics accessible for people at any level of understandingThe Law Book is a captivating introduction to the legal precedents,

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Book SynopsisThe United States is divided about the death penalty17 states have banned it, while the remaining states have not. From wrongful convictions to botched executions, capital punishment is fraught with controversy. In The Death Penalty: What's Keeping It Alive, award-winning criminal defense attorney Andrea Lyon turns a critical eye towards the reasons why the death penalty remains active in most states, in spite of well-documented flaws in the justice system.The book opens with an overview of the history of the death penalty in America, then digs into the reasons capital punishment is a fixture in the justice system of most states. The author argues that religious and moral convictions play a role, as does media coverage of crime and punishment. Politics, however, plays the biggest role, according to the author, with no one wanting to look soft on crime. The death penalty remains a deadly political tool in most of the United States.Trade ReviewAndrea Lyon, Dean of Valparaiso University Law School in Indiana, once again brings her prodigious experience and knowledge to one of the most vexing and polarizing issues in our society, the death penalty, posing the question in her latest book:'What’s keeping it alive?' . . .Lyon’s book includes several informative charts and appendices, as well as links to the most current data on the death penalty. . . .Lyon predicts that the death penalty’s days are numbered. Current debates about its cost and effectiveness, now occurring in most states where it hangs on, support her prediction. If it ends — or, to put it hopefully, when it ends — Andrea Lyon’s reasoned, calm, yet passionate voice will have played an integral part in its demise. This book lays another blow to it. * The Champion, NACDL *A stinging indictment of the death penalty system, focusing in most closely and importantly on the role of the media, and, especially, the moral corruption that permeates many of the prosecutors' offices that regularly do death penalty cases. A must read for anyone interested in this topic. -- Michael L. Perlin, New York Law SchoolThis is an impassioned brief against the American death penalty from a knowledgeable criminal justice insider. Experienced capital defense attorney Andrea D. Lyon shows us through her own life’s work why capital punishment is—and should be—headed for history’s dustbin. -- Carol Steiker, Harvard UniversityAndrea Lyon does a superb job capturing the key issues surrounding the death penalty—past and present. Framed from the perspective of a lawyer who has litigated capital cases, Lyon presents the information with a balanced perspective and thoroughly canvasses the legal landscape of the death penalty. -- Durant Frantzen, Texas A&M University—San AntonioTable of ContentsDedication Acknowledgments Historical Timeline of the Death Penalty Countries with and without the Death Penalty States with and without the Death Penalty Preface 1: The Death Penalty Yesterday and Today 2: Moral and Religious Underpinnings of the Death Penalty 3: The Media as a Messenger of Death 4: The Death Penalty as a Political Tool 5: The Failure and Fate of Capital Punishment

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Book SynopsisReduce or eliminate litigation costs by learning how to write better contracts from the start. With illustrative cases, sample language, and current guidelines for potential clauses of a contract between a builder and buyer or remodeler and homeowner.

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Book SynopsisIn mid-fourteenth century Yorkshire, the plague wipes out half the inhabitants of a remote village. Left behind, a twelve-year-old shepherd boy survives a brutal winter and keeps his flock alive. In the years that follow, he struggles to reconnect with life. He tells his story in a sequence of eighty-four sonnets.

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Book SynopsisDiasporas in Dialogue is an indispensable guide for those leading or participating in dialogue processes, especially in ethnically diverse communities. The text offers both a theoretical and practical framework for dialogue, providing insight into the needs, assets and challenges of working in this capacity. The first book to offer structured processes for dialogue with refugee communities - demonstrates how diaspora communities can be engaged in dialogue that heals, reconciles and builds peace Relates the story of the Portland Diaspora Dialogue Project, a remarkable collaboration between university researchers and African community activists committed to helping newly arrived refugees Written accessibly to provide practitioners, academics, and community members with a simple and cogent account of how, step by step, the process of healing communities and re-building can begin Published at a critical time in the face of the worldwide rTable of ContentsAbout the Authors vii About the Partners xi Foreword by Paula Green xiii Foreword by Mette Brogden xvi Preface xviii Acknowledgments xxii 01 Diaspora Stories: Endings 1 Marie Abijuru and Rukia Mohammed 02 Diaspora Populations 6 Barbara Tint, Caroline Sarkis, Saéed Mohamed Haji, Vincent Chirimwami, and Carmina Rinker Lass 03 The Transition Framework 23 Diana Bianco, Barbara Tint, and Roland Clarke 04 Recruitment 40 Daniel Amine, Barbara Tint, and Mindy Johnston 05 Cultural Considerations 48 Caroline Sarkis, Barbara Tint, Gloria Ngezaho, Roland Clarke, and Mindy Johnston 06 Dialogue 62 Barbara Tint, Julie Koehler, Mary Lind, Vincent Chirimwami, Roland Clarke, and Mindy Johnston 07 Evaluation 131 Mary Lind and Barbara Tint 08 Implications for Policy 169 Roland Clarke and Djimet Dogo 09 Diaspora Stories: New Beginnings 172 Rukia Mohammed and Marie Abijuru 10 Closing Reflections 176 Djimet Dogo and Barbara Tint Bibliography 184 Index 194

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Book SynopsisA definitive guide to cybersecurity law Expanding on the author s experience as a cybersecurity lawyer and law professor, Cybersecurity Law is the definitive guide to cybersecurity law, with an in-depth analysis of U.S.Table of ContentsAbout the Author xv Acknowledgement xvii Introduction xix 1 Data Security Laws and Enforcement Actions 1 1.1 FTC Data Security 2 1.1.1 Overview of Section 5 of the FTC Act 2 1.1.2 Wyndham: Does the FTC Have Authority to Regulate Data Security under Section 5 of the FTC Act? 5 1.1.3 LabMD: What Constitutes Unfair or Deceptive Data Security? 9 1.1.4 FTC June 2015 Guidance on Data Security 11 1.1.5 FTC Protecting Personal Information Guide 14 1.1.6 Lessons from FTC Cybersecurity Complaints 15 1.1.6.1 Failure to Secure Highly Sensitive Information 16 1.1.6.1.1 Use Industry-Standard Encryption for Sensitive Data 16 1.1.6.1.2 Routine Audits and Penetration Testing Are Expected 17 1.1.6.1.3 Health-Related Data Requires Especially Strong Safeguards 18 1.1.6.1.4 Data Security Protection Extends to Paper Documents 19 1.1.6.1.5 Business-to-Business Providers Also Are Accountable to the FTC For Security of Sensitive Data 20 1.1.6.1.6 Companies Are Responsible for the Data Security Practices of Their Contractors 22 1.1.6.1.7 Make Sure That Every Employee Receives Regular Data Security Training for Processing Sensitive Data 23 1.1.6.1.8 Privacy Matters, Even in Data Security 23 1.1.6.1.9 Limit the Sensitive Information Provided to Third Parties 24 1.1.6.2 Failure to Secure Payment Card Information 24 1.1.6.2.1 Adhere to Security Claims about Payment Card Data 24 1.1.6.2.2 Always Encrypt Payment Card Data 25 1.1.6.2.3 Payment Card Data Should Be Encrypted Both in Storage and at Rest 26 1.1.6.2.4 In-Store Purchases Pose Significant Cybersecurity Risks 26 1.1.6.2.5 Minimize Duration of Storage of Payment Card Data 28 1.1.6.2.6 Monitor Systems and Networks for Unauthorized Software 29 1.1.6.2.7 Apps Should Never Override Default App Store Security Settings 29 1.1.6.3 Failure to Adhere to Security Claims 30 1.1.6.3.1 Companies Must Address Commonly Known Security Vulnerabilities 30 1.1.6.3.2 Ensure That Security Controls Are Sufficient to Abide by Promises about Security and Privacy 31 1.1.6.3.3 Omissions about Key Security Flaws Also Can Be Misleading 33 1.1.6.3.4 Companies Must Abide by Promises for Security-Related Consent Choices 33 1.1.6.3.5 Companies That Promise Security Must Ensure Adequate Authentication Procedures 34 1.1.6.3.6 Adhere to Promises about Encryption 35 1.2 State Data Breach Notification Laws 36 1.2.1 When Consumer Notifications Are Required 37 1.2.1.1 Definition of Personal Information 37 1.2.1.2 Encrypted Data 38 1.2.1.3 Risk of Harm 39 1.2.1.4 Safe Harbors and Exceptions to Notice Requirement 39 1.2.2 Notice to Individuals 40 1.2.2.1 Timing of Notice 40 1.2.2.2 Form of Notice 40 1.2.2.3 Content of Notice 41 1.2.3 Notice to Regulators and Consumer Reporting Agencies 41 1.2.4 Penalties for Violating State Breach Notification Laws 42 1.3 State Data Security Laws 42 1.3.1 Oregon 43 1.3.2 Rhode Island 45 1.3.3 Nevada 45 1.3.4 Massachusetts 46 1.4 State Data Disposal Laws 49 2 Cybersecurity Litigation 51 2.1 Article III Standing 52 2.1.1 Applicable Supreme Court Rulings on Standing 53 2.1.2 Lower Court Rulings on Standing in Data Breach Cases 57 2.1.2.1 Injury-in-Fact 57 2.1.2.1.1 Broad View of Injury-in-Fact 57 2.1.2.1.2 Narrow View of Injury-in-Fact 60 2.1.2.2 Fairly Traceable 62 2.1.2.3 Redressability 63 2.2 Common Causes of Action Arising from Data Breaches 64 2.2.1 Negligence 64 2.2.1.1 Legal Duty and Breach of Duty 65 2.2.1.2 Cognizable Injury 66 2.2.1.3 Causation 69 2.2.2 Negligent Misrepresentation or Omission 70 2.2.3 Breach of Contract 72 2.2.4 Breach of Implied Warranty 76 2.2.5 Invasion of Privacy by Publication of Private Facts 80 2.2.6 Unjust Enrichment 81 2.2.7 State Consumer Protection Laws 82 2.3 Class Action Certification in Data Breach Litigation 84 2.4 Insurance Coverage for Cybersecurity Incidents 90 2.5 Protecting Cybersecurity Work Product and Communications from Discovery 94 2.5.1 Attorney-Client Privilege 96 2.5.2 Work Product Doctrine 98 2.5.3 Non-Testifying Expert Privilege 101 2.5.4 Applying the Three Privileges to Cybersecurity: Genesco v. Visa 102 3 Cybersecurity Requirements for Specific Industries 105 3.1 Financial Institutions: Gramm Leach Bliley Act Safeguards Rule 106 3.1.1 Interagency Guidelines 106 3.1.2 Securities and Exchange Commission Regulation S P 109 3.1.3 FTC Safeguards Rule 110 3.2 Financial Institutions and Creditors: Red Flag Rule 112 3.2.1 Financial Institutions or Creditors 113 3.2.2 Covered Accounts 113 3.2.3 Requirements for a Red Flag Identity Theft Prevention Program 114 3.3 Companies That Use Payment and Debit Cards: Payment Card Industry Data Security Standard (PCI DSS) 115 3.4 Health Providers: Health Insurance Portability and Accountability Act (HIPAA) Security Rule 118 3.5 Electric Utilities: Federal Energy Regulatory Commission Critical Infrastructure Protection Reliability Standards 124 3.5.1 CIP 003 6: Cybersecurity Security Management Controls 124 3.5.2 CIP 004 6: Personnel and Training 125 3.5.3 CIP 006 6: Physical Security of Cyber Systems 125 3.5.4 CIP 007 6: Systems Security Management 125 3.5.5 CIP 009 6: Recovery Plans for Cyber Systems 126 3.5.6 CIP 010 2: Configuration Change Management and Vulnerability Assessments 126 3.5.7 CIP 011 2: Information Protection 126 3.6 Nuclear Regulatory Commission Cybersecurity Regulations 127 4 Cybersecurity and Corporate Governance 133 4.1 Securities and Exchange Commission Cybersecurity Expectations for Publicly Traded Companies 134 4.1.1 10-K Disclosures: Risk Factors 135 4.1.2 10-K Disclosures: Management s Discussion and Analysis of Financial Condition and Results of Operations (MD&A) 137 4.1.3 10-K Disclosures: Description of Business 137 4.1.4 10-K Disclosures: Legal Proceedings 138 4.1.5 10-K Disclosures: Examples 138 4.1.5.1 Wal-Mart 138 4.1.5.2 Berkshire Hathaway 142 4.1.5.3 Target Corp 143 4.1.6 Disclosing Data Breaches to Investors 146 4.2 Fiduciary Duty to Shareholders and Derivative Lawsuits Arising from Data Breaches 149 4.3 Committee on Foreign Investment in the United States and Cybersecurity 151 4.4 Export Controls and the Wassenaar Arrangement 153 5 Anti-Hacking Laws 157 5.1 Computer Fraud and Abuse Act 158 5.1.1 Origins of the CFAA 158 5.1.2 Access without Authorization and Exceeding Authorized Access 159 5.1.2.1 Narrow View of Exceeds Authorized Access and without Authorization 161 5.1.2.2 Broader View of Exceeds Authorized Access and without Authorization 165 5.1.2.3 Attempts to Find a Middle Ground 167 5.1.3 The Seven Sections of the CFAA 168 5.1.3.1 CFAA Section (a)(1): Hacking to Commit Espionage 170 5.1.3.2 CFAA Section (a)(2): Hacking to Obtain Information 170 5.1.3.3 CFAA Section (a)(3): Hacking a Federal Government Computer 174 5.1.3.4 CFAA Section (a)(4): Hacking to Commit Fraud 176 5.1.3.5 CFAA Section (a)(5): Hacking to Damage a Computer 179 5.1.3.5.1 CFAA Section (a)(5)(A): Knowing Transmission That Intentionally Damages a Computer without Authorization 179 5.1.3.5.2 CFAA Section (a)(5)(B): Intentional Access without Authorization That Recklessly Causes Damage 182 5.1.3.5.3 CFAA Section (a)(5)(C): Intentional Access without Authorization That Causes Damage and Loss 183 5.1.3.5.4 CFAA Section (a)(5): Requirements for Felony and Misdemeanor Cases 184 5.1.3.6 CFAA Section (a)(6): Trafficking in Passwords 186 5.1.3.7 CFAA Section (a)(7): Threatening to Damage or Obtain Information from a Computer 188 5.1.4 Civil Actions under the CFAA 191 5.1.5 Criticisms of the CFAA 193 5.2 State Computer Hacking Laws 196 5.3 Section 1201 of the Digital Millennium Copyright Act 199 5.3.1 Origins of Section 1201 of the DMCA 200 5.3.2 Three Key Provisions of Section 1201 of the DMCA 201 5.3.2.1 DMCA Section 1201(a)(1) 201 5.3.2.2 DMCA Section 1201(a)(2) 206 5.3.2.2.1 Narrow Interpretation of Section (a)(2): Chamberlain Group v. Skylink Technologies 207 5.3.2.2.2 Broad Interpretation of Section (a)(2): MDY Industries, LLC v. Blizzard Entertainment, Inc. 209 5.3.2.3 DMCA Section 1201(b)(1) 213 5.3.3 Section 1201 Penalties 215 5.3.4 Section 1201 Exemptions 216 5.3.5 The First Amendment and DMCA Section 1201 222 5.4 Economic Espionage Act 225 5.4.1 Origins of the Economic Espionage Act 226 5.4.2 Criminal Prohibitions on Economic Espionage and Theft of Trade Secrets 227 5.4.2.1 Definition of Trade Secret 228 5.4.2.2 Knowing Violations of the Economic Espionage Act 232 5.4.2.3 Purpose and Intent Required under Section 1831: Economic Espionage 232 5.4.2.4 Purpose and Intent Required under Section 1832: Theft of Trade Secrets 234 5.4.3 Civil Actions for Trade Secret Misappropriation: The Defend Trade Secrets Act of 2016 236 5.4.3.1 Definition of Misappropriation 237 5.4.3.2 Civil Seizures 238 5.4.3.3 Injunctions 239 5.4.3.4 Damages 239 5.4.3.5 Statute of Limitations 240 6 Public-Private Cybersecurity Partnerships 241 6.1 U.S. Government s Civilian Cybersecurity Organization 242 6.2 Department of Homeland Security Information Sharing under the Cybersecurity Act of 2015 243 6.3 Energy Department s Cyber-Threat Information Sharing 247 6.4 Critical Infrastructure Executive Order and the National Institute of Standards and Technology s Cybersecurity Framework 248 6.5 U.S. Military Involvement in Cybersecurity and the Posse Comitatus Act 254 7 Surveillance and Cyber 257 7.1 Fourth Amendment 258 7.1.1 Was the Search or Seizure Conducted by a Government Entity or Government Agent? 259 7.1.2 Did the Search or Seizure Invade an Individual s Protected Interests? 263 7.1.3 Did the Government Have a Warrant? 267 7.1.4 If the Government Did Not Have a Warrant, Did an Exception to the Warrant Requirement Apply? 269 7.1.5 Was the Search or Seizure Reasonable under the Totality of the Circumstances? 271 7.2 Electronic Communications Privacy Act 273 7.2.1 Stored Communications Act 274 7.2.1.1 Section 2701: Third Party Hacking of Stored Communications 276 7.2.1.2 Section 2702: Restrictions on Service Providers Ability to Disclose Stored Communications and Records to the Government and Private Parties 277 7.2.1.2.1 The Cybersecurity Act of 2015: Allowing Service Providers to Disclose Cybersecurity Threats to the Government 280 7.2.1.3 Section 2703: Government s Ability to Force Service Providers to Turn over Stored Communications and Customer Records 282 7.2.2 Wiretap Act 284 7.2.3 Pen Register Act 288 7.2.4 National Security Letters 289 7.3 Communications Assistance for Law Enforcement Act (CALEA) 291 7.4 Encryption and the All Writs Act 292 8 Cybersecurity and Federal Government Contractors 297 8.1 Federal Information Security Management Act 298 8.2 NIST Information Security Controls for Government Agencies and Contractors 299 8.3 Classified Information Cybersecurity 304 8.4 Covered Defense Information and Controlled Unclassified Information 307 9 Privacy Laws 315 9.1 Section 5 of the FTC Act and Privacy 316 9.2 Health Insurance Portability and Accountability Act 322 9.3 Gramm-Leach-Bliley Act and California Financial Information Privacy Act 324 9.4 CAN-SPAM Act 325 9.5 Video Privacy Protection Act 326 9.6 Children s Online Privacy Protection Act 328 9.7 California Online Privacy Laws 330 9.7.1 California Online Privacy Protection Act (CalOPPA) 330 9.7.2 California Shine the Light Law 331 9.7.3 California Minor Eraser Law 333 9.8 Illinois Biometric Information Privacy Act 335 10 International Cybersecurity Law 337 10.1 European Union 338 10.2 Canada 344 10.3 China 348 10.4 Mexico 351 10.5 Japan 354 Appendix A: Text of Section 5 of the FTC Act 359 Appendix B: Summary of State Data Breach Notification Laws 367 Appendix C: Text of Section 1201 of the Digital Millennium Copyright Act 411 Appendix D: Text of the Computer Fraud and Abuse Act 423 Appendix E: Text of the Electronic Communications Privacy Act 431 Index 483

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Book SynopsisA comprehensive guide to the theory, research and practice of violence risk management The Wiley Handbook of What Works in Violence Risk Management: Theory, Research and Practice offers a comprehensive guide to the theory, research and practice of violence risk management. With contributions from a panel of noted international experts, the book explores the most recent advances to the theoretical understanding, assessment and management of violent behavior. Designed to be an accessible resource, the highly readable chapters address common issues associated with violent behavior such as alcohol misuse and the less common issues for example offenders with intellectual disabilities. Written for both those new to the field and professionals with years of experience, the book offers a wide-ranging review of who commit acts of violence, their prevalence in society and the most recent explanations for their behavior. The contributors explore various assesTable of ContentsAbout the Editors xi About the Contributors xiii Foreword xxvii Acknowledgements xxix Part I Introduction 1 1 An Overview of Violent Behaviour from Aggression to Homicide: Theory, Research, and Practice 3J. Stephen Wormith, Leam A. Craig, and Todd E. Hogue 2 What Do We Know About Violent Offending Behaviour? 33Daryl G. Kroner and Gunnar C. Butler 3 What Works with Violent Offenders: A Response to ‘Nothing Works’ 53James McGuire Part II What Works in Violence Risk Assessment 79 4 From Predicting Dangerousness to Assessing and Managing Risk for Violence: A Journey Across Four Generations 81James R.P. Ogloff and Michael R. Davis 5 Violence Risk Formation: The Move Towards Collaboratively Produced, Strengths‐Based Safety Planning 99Lawrence Jones 6 Predicting Violent Reoffending with the VRAG‐R: Overview, Controversies, and Future Directions for Actuarial Risk Scales 119L. Maaike Helmus and Vernon L. Quinsey 7 Structured Professional Judgement in Violence Risk Assessment 145Catherine Garrington and Douglas P. Boer 8 Intimate Partner Violence Risk Assessment and Management: An RNR Approach to Threat Assessment 163N. Zoe Hilton and Liam Ennis 9 Sexual Violence Risk Assessment 183Martin Rettenberger and Leam A. Craig 10 Personality‐Based Violence Risk Assessment 203Mark E. Olver 11 Assessing Risk for Violent, General, and Sexual Offending in Adolescents: Recent Advances and Future Directions 223Jodi L. Viljoen, Melissa R. Jonnson, and Stephane M. Shepherd Part III What Works in Specialty Clinical Assessments 251 12 The Importance of Understanding Anger in the Clinical Assessment of Violence 253Andrew Day and Ephrem Fernandez 13 Gang Violence Prevention Efforts: A Public Health Approach 265Dawn McDaniel and Caitlin Sayegh 14 Terrorism and Ideological Violence 279Wagdy Loza 15 Assessing the Risk and Treatment Needs of People Who Perpetrate Intimate Partner Violence 297Louise Dixon and Nicola Graham‐Kevan 16 Aggression from a Psychobiological Perspective: Implications for Enhanced Violent Risk Assessment and Interventions 315David Nussbaum 17 Assessment of Risk of Violent Offending for Adults with Intellectual Disability and/or Autism Spectrum Disorder 349Martyn Matthews and Elliot Bell Part IV What Works in Violence Intervention 367 18 Risk‐Reducing Treatment in High‐Risk Psychopathic and Violent Offenders 369Devon L.L. Polaschek and Stephen C.P. Wong 19 Anger Treatment with Violent Offenders 385Raymond W. Novaco 20 Managing Violent Offenders with a Personality Disorder 399Caroline Logan 21 Antisocial and Aggressive Behaviour Amongst Persons with Schizophrenia: Evidence and Propositions for Prevention 419Sheilagh Hodgins 22 Intimate Partner Violence Perpetrator Programmes: Ideology or Evidence‐Based Practice? 437Nicola Graham‐Kevan and Elizabeth A. Bates 23 Interventions for Violent Offenders with Intellectual and Developmental Disabilities 451John L. Taylor Part V What Works in Violence Risk Management 465 24 Sexual Violence Risk Management 467Gina Ambroziak and David Thornton 25 Effective Systems and Processes for Managing Violent Offenders in the United Kingdom and the European Union 485Hazel Kemshall and Sarah Hilder 26 Beyond Core Correctional Practice: Facilitating Prosocial Change through the Strategic Training Initiative in Community Supervision 505Guy Bourgon, Nick Chadwick, and Tanya Rugge 27 What Works in Risk Assessment in Stalking Cases 527David V. James and Lorraine P. Sheridan 28 Managing Violent Offenders in the Community: Reentry and Beyond 543Ralph C. Serin, Christopher T. Lowenkamp , and Caleb D. Lloyd Index 559

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Book SynopsisTable of ContentsAbout the Author xvii Acknowledgment and Disclaimers xix Foreword to the Third Edition (2022) xxi Foreword to the Second Edition (2019) xxiii Introduction to First Edition xxvii About the Companion Website xxxv 1 Data Security Laws and Enforcement Actions 1 1.1 FTC Data Security 2 1.1.1 Overview of Section 5 of the FTC Act 2 1.1.2 Wyndham: Does the FTC Have Authority to Regulate Data Security Under Section 5 of the FTC Act? 6 1.1.3 LabMD: What Constitutes “Unfair” Data Security? 10 1.1.4 FTC June 2015 Guidance on Data Security, and 2017 Updates 13 1.1.5 FTC Data Security Expectations and the NIST Cybersecurity Framework 18 1.1.6 Lessons from FTC Cybersecurity Complaints 18 1.1.6.1 Failure to Secure Highly Sensitive Information 19 1.1.6.1.1 Use Industry-standard Encryption for Sensitive Data 20 1.1.6.1.2 Routine Audits and Penetration Testing Are Expected 20 1.1.6.1.3 Health-related Data Requires Especially Strong Safeguards 21 1.1.6.1.4 Data Security Protection Extends to Paper Documents 23 1.1.6.1.5 Business-to-business Providers Also Are Accountable to the FTC for Security of Sensitive Data 25 1.1.6.1.6 Companies Are Responsible for the Data Security Practices of Their Contractors 27 1.1.6.1.7 Make Sure that Every Employee Receives Regular Data Security Training for Processing sensitive Data 28 1.1.6.1.8 Privacy Matters, Even in Data Security 28 1.1.6.1.9 Limit the Sensitive Information Provided to Third Parties 29 1.1.6.1.10 Children’s Data Requires Special Protection 29 1.1.6.2 Failure to Secure Payment Card Information 30 1.1.6.2.1 Adhere to Security Claims about Payment Card Data 30 1.1.6.2.2 Always Encrypt Payment Card Data 31 1.1.6.2.3 Payment Card Data Should Be Encrypted Both in Storage and at Rest 31 1.1.6.2.4 In-store Purchases Pose Significant Cybersecurity Risks 32 1.1.6.2.5 Minimize Duration of Storage of Payment Card Data 34 1.1.6.2.6 Monitor Systems and Networks for Unauthorized Software 35 1.1.6.2.7 Apps Should Never Override Default App Store Security Settings 35 1.1.6.3 Failure to Adhere to Security Claims 36 1.1.6.3.1 Companies Must Address Commonly Known Security Vulnerabilities 36 1.1.6.3.2 Ensure That Security Controls Are Sufficient to Abide by Promises About Security and Privacy 37 1.1.6.3.3 Omissions about Key Security Flaws Also Can Be Misleading 40 1.1.6.3.4 Companies Must Abide by Promises for Security-related Consent Choices 40 1.1.6.3.5 Companies That Promise Security Must Ensure Adequate Authentication Procedures 41 1.1.6.3.6 Adhere to Promises About Encryption 42 1.1.6.3.7 Promises About Security Extend to Vendors’ Practices 43 1.1.6.3.8 Companies Cannot Hide Vulnerable Software in Products 43 1.1.7 FTC Internet of Things Security Guidance 43 1.2 State Data Breach Notification Laws 46 1.2.1 When Consumer Notifications Are Required 47 1.2.1.1 Definition of Personal Information 48 1.2.1.2 Encrypted Data 49 1.2.1.3 Risk of Harm 49 1.2.1.4 Safe Harbors and Exceptions to Notice Requirement 49 1.2.2 Notice to Individuals 50 1.2.2.1 Timing of Notice 50 1.2.2.2 Form of Notice 50 1.2.2.3 Content of Notice 51 1.2.3 Notice to Regulators and Consumer Reporting Agencies 51 1.2.4 Penalties for Violating State Breach Notification Laws 52 1.3 State Data Security Laws 52 1.3.1 Oregon 54 1.3.2 Rhode Island 55 1.3.3 Nevada 56 1.3.4 Massachusetts 57 1.3.5 Ohio 59 1.3.6 Alabama 60 1.3.7 New York 61 1.4 State Data Disposal Laws 61 2 Cybersecurity Litigation 63 2.1 Article III Standing 64 2.1.1 Applicable Supreme Court Rulings on Standing 66 2.1.2 Lower Court Rulings on Standing in Data Breach Cases 71 2.1.2.1 Injury-in-fact 71 2.1.2.1.1 Broad View of Injury-in-fact 71 2.1.2.1.2 Narrow View of Injury-in-fact 76 2.1.2.1.3 Attempts at Finding a Middle Ground for Injury-in-fact 81 2.1.2.2 Fairly Traceable 82 2.1.2.3 Redressability 83 2.2 Common Causes of Action Arising from Data Breaches 84 2.2.1 Negligence 84 2.2.1.1 Legal Duty and Breach of Duty 85 2.2.1.2 Cognizable Injury 87 2.2.1.3 Causation 90 2.2.2 Negligent Misrepresentation or Omission 92 2.2.3 Breach of Contract 95 2.2.4 Breach of Implied Warranty 101 2.2.5 Invasion of Privacy 105 2.2.6 Unjust Enrichment 107 2.2.7 State Consumer Protection Laws 109 2.3 Class Action Certification in Data Breach Litigation 112 2.4 Insurance Coverage for Data Breaches 120 2.5 Protecting Cybersecurity Work Product and Communications from Discovery 124 2.5.1 Attorney–client Privilege 126 2.5.2 Work Product Doctrine 129 2.5.3 Nontestifying Expert Privilege 131 2.5.4 Genesco v. Visa 132 2.5.5 In re Experian Data Breach Litigation 135 2.5.6 In re Premera 136 2.5.7 In re United Shore Financial Services 138 2.5.8 In re Dominion Dental Services USA, Inc. Data Breach Litigation 138 2.5.9 In re Capital One Consumer Data Security Breach Litigation 140 3 Cybersecurity Requirements for Specific Industries 141 3.1 Financial Institutions: GLBA Safeguards Rule 142 3.1.1 Interagency Guidelines 142 3.1.2 SEC’s Regulation S-P 144 3.1.3 FTC Safeguards Rule 146 3.2 New York Department of Financial Services Cybersecurity Regulations 149 3.3 Financial Institutions and Creditors: Red Flags Rule 151 3.3.1 Financial Institutions or Creditors 155 3.3.2 Covered Accounts 156 3.3.3 Requirements for a Red Flags Identity Theft Prevention Program 157 3.4 Companies that Use Payment and Debit Cards: PCI DSS 157 3.5 IoT Cybersecurity Laws 160 3.6 Health Providers: HIPAA Security Rule 161 3.7 Electric Transmission: FERC Critical Infrastructure Protection Reliability Standards 167 3.7.1 CIP-003-6: Cybersecurity—Security Management Controls 167 3.7.2 CIP-004-6: Personnel and Training 168 3.7.3 CIP-006-6: Physical Security of Cyber Systems 168 3.7.4 CIP-007-6: Systems Security Management 168 3.7.5 CIP-009-6: Recovery Plans for Cyber Systems 169 3.7.6 CIP-010-2: Configuration Change Management and Vulnerability Assessments 169 3.7.7 CIP-011-2: Information Protection 170 3.8 NRC Cybersecurity Regulations 170 3.9 State Insurance Cybersecurity Laws 171 4 Cybersecurity and Corporate Governance 175 4.1 SEC Cybersecurity Expectations for Publicly Traded Companies 176 4.1.1 10-K Disclosures: Risk Factors 178 4.1.2 10-K Disclosures: Management’s Discussion and Analysis of Financial Condition and Results of Operations (MD&A) 179 4.1.3 10-K Disclosures: Description of Business 180 4.1.4 10-K Disclosures: Legal Proceedings 180 4.1.5 10-K Disclosures: Financial Statements 181 4.1.6 10K Disclosures: Board Oversight of Cybersecurity 181 4.1.7 Disclosing Data Breaches to Investors 182 4.1.8 Yahoo! Data Breach 185 4.1.9 Cybersecurity and Insider Trading 185 4.2 Fiduciary Duty to Shareholders and Derivative Lawsuits Arising from Data Breaches 186 4.3 CFIUS and Cybersecurity 189 4.4 Law Firms and Cybersecurity 191 5 Antihacking Laws 193 5.1 Computer Fraud and Abuse Act 194 5.1.1 Origins of the CFAA 194 5.1.2 Access Without Authorization and Exceeding Authorized Access 195 5.1.2.1 Narrow View of “Exceeds Authorized Access” and “Without Authorization” 198 5.1.2.2 Broader View of “Exceeds Authorized Access” and “Without Authorization” 203 5.1.2.3 Finding Some Clarity: Van Buren v. United States 205 5.1.3 The Seven Sections of the CFAA 208 5.1.3.1 CFAA Section (a) (1): Hacking to Commit Espionage 209 5.1.3.2 CFAA Section (a) (2): Hacking to Obtain Information 210 5.1.3.3 CFAA Section (a) (3): Hacking a Federal Government Computer 214 5.1.3.4 CFAA Section (a) (4): Hacking to Commit Fraud 216 5.1.3.5 CFAA Section (a) (5): Hacking to Damage a Computer 218 5.1.3.5.1 CFAA Section (a) (5) (A): Knowing Transmission that Intentionally Damages a Computer Without Authorization 219 5.1.3.5.2 CFAA Section (a) (5) (B): Intentional Access Without Authorization that Recklessly Causes Damage 222 5.1.3.5.3 CFAA Section (a) (5) (C): Intentional Access Without Authorization that Causes Damage and Loss 223 5.1.3.5.4 CFAA Section (a) (5): Requirements for Felony and Misdemeanor Cases 224 5.1.3.6 CFAA Section (a) (6): Trafficking in Passwords 226 5.1.3.7 CFAA Section (a) (7): Threatening to Damage or Obtain Information from a Computer 228 5.1.4 Civil Actions Under the CFAA 231 5.1.5 Criticisms of the CFAA 235 5.1.6 CFAA and Coordinated Vulnerability Disclosure Programs 237 5.2 State Computer Hacking Laws 240 5.3 Section 1201 of the Digital Millennium Copyright Act 243 5.3.1 Origins of Section 1201 of the DMCA 244 5.3.2 Three Key Provisions of Section 1201 of the DMCA 245 5.3.2.1 DMCA Section 1201(a) (1) 245 5.3.2.2 DMCA Section 1201(a) (2) 250 5.3.2.2.1 Narrow Interpretation of Section (a) (2): Chamberlain Group v. Skylink Technologies 251 5.3.2.2.2 Broad Interpretation of Section (a) (2): MDY Industries, LLC v. Blizzard Entertainment 254 5.3.2.3 DMCA Section 1201(b) (1) 258 5.3.3 Section 1201 Penalties 261 5.3.4 Section 1201 Exemptions 262 5.3.5 The First Amendment and DMCA Section 1201 269 5.4 Economic Espionage Act 274 5.4.1 Origins of the EEA 274 5.4.2 Criminal Prohibitions on Economic Espionage and Theft of Trade Secrets 275 5.4.2.1 Definition of “Trade Secret” 276 5.4.2.2 “Knowing” Violations of the EEA 279 5.4.2.3 Purpose and Intent Required under Section 1831: Economic Espionage 279 5.4.2.4 Purpose and Intent Required under Section 1832: Theft of Trade Secrets 281 5.4.3 Civil Actions for Trade Secret Misappropriation: The Defend Trade Secrets Act of 2016 284 5.4.3.1 Definition of “Misappropriation” 285 5.4.3.2 Civil Seizures 288 5.4.3.3 Injunctions 289 5.4.3.4 Damages 289 5.4.3.5 Statute of Limitations 290 5.5 Budapest Convention on Cybercrime 291 6 U.S. Government Cyber Structure and Public–Private Cybersecurity Partnerships 293 6.1 U.S. Government’s Civilian Cybersecurity Organization 293 6.2 Department of Homeland Security Information Sharing under the Cybersecurity Act of 2015 297 6.3 Critical Infrastructure Executive Order and the NIST Cybersecurity Framework 301 6.4 U.S. Military Involvement in Cybersecurity and the Posse Comitatus Act 309 6.5 Vulnerabilities Equities Process 311 6.6 Executive Order 14028 314 7 Surveillance and Cyber 317 7.1 Fourth Amendment 318 7.1.1 Was the Search or Seizure Conducted by a Government Entity or Government Agent? 319 7.1.2 Did the Search or Seizure Involve an Individual’s Reasonable Expectation of Privacy? 324 7.1.3 Did the Government Have a Warrant? 332 7.1.4 If the Government Did Not Have a Warrant, Did an Exception to the Warrant Requirement Apply? 335 7.1.5 Was the Search or Seizure Reasonable Under the Totality of the Circumstances? 337 7.2 Electronic Communications Privacy Act 338 7.2.1 Stored Communications Act 340 7.2.1.1 Section 2701: Third-party Hacking of Stored Communications 344 7.2.1.2 Section 2702: Restrictions on Service Providers’ Ability to Disclose Stored Communications and Records to the Government and Private Parties 345 7.2.1.3 Section 2703: Government’s Ability to Require Service Providers to Turn Over Stored Communications and Customer Records 349 7.2.2 Wiretap Act 354 7.2.3 Pen Register Act 358 7.2.4 National Security Letters 359 7.3 Communications Assistance for Law Enforcement Act (CALEA) 361 7.4 Encryption and the All Writs Act 362 7.5 Encrypted Devices and the Fifth Amendment 364 8 Cybersecurity and Federal Government Contractors 369 8.1 Federal Information Security Management Act 370 8.2 NIST Information Security Controls for Government Agencies and Contractors 372 8.3 Classified Information Cybersecurity 376 8.4 Covered Defense Information, CUI, and the Cybersecurity Maturity Model Certification 377 9 Privacy Laws 385 9.1 Section 5 of the FTC Act and Privacy 386 9.2 Health Insurance Portability and Accountability Act 388 9.3 Gramm–Leach–Bliley Act and California Financial Information Privacy Act 390 9.4 CAN-SPAM Act 391 9.5 Video Privacy Protection Act 392 9.6 Children’s Online Privacy Protection Act 394 9.7 California Online Privacy Laws 396 9.7.1 California Online Privacy Protection Act (CalOPPA) 396 9.7.2 California Shine the Light Law 398 9.7.3 California Minor “Online Eraser” Law 400 9.8 California Consumer Privacy Act 401 9.9 Illinois Biometric Information Privacy Act 404 9.10 NIST Privacy Framework 406 10 International Cybersecurity Law 409 10.1 European Union 410 10.2 Canada 420 10.3 China 425 10.4 Mexico 430 10.5 Japan 434 11 Cyber and the Law of War 439 11.1 Was the Cyberattack a “Use of Force” that Violates International Law? 441 11.2 If the Attack Was a Use of Force, Was that Force Attributable to a State? 444 11.3 Did the Use of Force Constitute an “Armed Attack” that Entitles the Target to Self-defense? 445 11.4 If the Use of Force Was an Armed Attack, What Types of Selfdefense Are Justified? 448 11.5 If the Nation Experiences Hostile Cyber Actions that Fall Short of Use of Force or Armed Attacks, What Options Are Available? 449 12 Ransomware 453 12.1 Defining Ransomware 454 12.2 Ransomware-related Litigation 455 12.3 Insurance Coverage for Ransomware 462 12.4 Ransomware Payments and Sanctions 466 12.5 Ransomware Prevention and Response Guidelines from Government Agencies 467 12.5.1 Department of Homeland Security 467 12.5.2 Federal Trade Commission 469 12.5.3 Federal Interagency Guidance for Information Security Executives 470 12.5.4 New York Department of Financial Services Guidance 472 Appendix A: Text of Section 5 of the FTC Act 473 Appendix B: Summary of State Data Breach Notification Laws 483 Appendix C: Text of Section 1201 of the Digital Millennium Copyright Act 545 Appendix D: Text of the Computer Fraud and Abuse Act 557 Appendix E: Text of the Electronic Communications Privacy Act 565 Appendix F: Key Cybersecurity Court Opinions 629 Appendix G: Hacking Cybersecurity Law 781 Index 825

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Book SynopsisFundamentals of Taxation 2024 Edition emphasizes a hands-on approach to tax education. It's a Taxation textbook designed to expose beginning tax students to tax law, but to also teach the practical intricacies involved in the preparation of tax forms and tax returns.  To train tomorrow's tax preparers to handle the complex U.S. tax law, the Fundamentals of Taxation author team has devised four primary teaching advantages:  â Organized to closely follow the IRS tax forms. Actual tax forms are incorporated throughout the text, giving students the opportunity to understand the principles behind tax law while they learn how to work with clients to obtain the information, they will need to complete tax forms.  â Proper reporting of tax issues are illustrated. The authors present a tax issue, discuss the legal requirements, illustrate the proper tax form placement, and show the coTable of ContentsChapter 1: Introduction to Taxation, the Income Tax Formula, and Form 1040 Chapter 2: Expanded Tax Formula, Form 1040, and Basic Concepts Chapter 3: Gross Income: Inclusions and Exclusions Chapter 4: Adjustments for Adjusted Gross Income Chapter 5: Itemized Deductions Chapter 6: Self-Employed Business Income (Line 3 of Schedule 1 and Schedule C) Chapter 7: Capital Gains and Other Sales of Property (Schedule D and Form 4797) Chapter 8: Rental Property, Royalties, and Income from Flow- Through Entities (Line 5, Schedule 1, and Schedule E) Chapter 9: Tax Credits (Form 1040, Lines 19, 20, 27 through 29, and 31, Schedule 3, Lines 1 through 14) Chapter 10: Payroll Taxes Chapter 11: Retirement and Other Tax-Deferred Plans and Annuities Chapter 12: Special Property Transactions Chapter 13: At-Risk/Passive Activity Loss Rules and the Individual Alternative Minimum Tax Chapter 14: Partnership Taxation Chapter 15: Corporate Taxation

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