Professor Eunice Park’s article, “Objects, Places and Cyber-Spaces Post-Carpenter: Extending The Third-Party Doctrine Beyond CSLI: A Consideration of IoT and DNA,” was published by the Yale Journal of Law and Technology. The Article proposes an extended test for the third-party doctrine in the wake of Carpenter v. United States that balances decisional analysis with technological reality, offering a principled framework to encompass the privacy implications of technologies beyond CSLI, and examining the popular consumer technology of smart devices and private genomic testing services as examples.
Professor Eunice Park presented on “Cultural Competence to Advance Diversity and Inclusion in Practice: Why, How, & Assessment,” at the 2018 Western Regional Legal Writing Conference, held at UC Irvine School of Law, from September 28-29. Professor Park’s presentation included discussion of appellate brief problems she drafted for Western State’s 1L Moot Court Competition.
Professor Eunice Park has published “Protecting the Fourth Amendment After Carpenter in the Digital Age: What Gadget Next?” in the May issue of Orange County Lawyer Magazine. The article notes the tension in the Supreme Court’s previous approaches to protecting personal information and observes that the decision in Carpenter v. United States, expected in June, will have significant repercussions for how lower courts will address other technology-based privacy challenges, including law enforcement’s use of cell-site simulators. In the meantime, the “reasonable expectation of privacy” paradigm appears to be a shifting one, as entire generations are growing up accustomed to sharing their whereabouts, activities and thoughts on social media.
Professor Eunice Park published “The Elephant in the Room: What is a ‘Nonroutine’ Border Search, Anyway? Digital Device Searches Post-Riley” in the Hastings Constitutional Law Quarterly, 44:3 Hastings Const. L.Q. 277 (2017). The article proposes an approach that obviates distinguishing between routine and nonroutine electronic device border searches, and rethinks the applicability in the digital era of notions of ingress versus egress, and imminent versus ongoing crime, in balancing the tension between law enforcement interests and individual privacy rights.
Professor Eunice Park’s article, “Establishing Learning Outcomes Under ABA Standard 302: Cultural Competence,” was published in the Association of American Law Schools Section on Teaching Methods Fall 2016 newsletter. Professor Park discusses how legal writing courses offer opportunities to raise awareness of the importance of sensitivity to diverse cultural mores, and how to assess students’ cultural competence, in order to prepare students “for competent and ethical participation as a member of the legal profession.”
Professors Monica Todd, Eunice Park and Lori Roberts presented at the Legal Writing Institute’s 17th Biennial Conference in Portland, Oregon, held July 10-13. As part of the Social Justice Panel on Client-Centered Advocacy, the professors discussed why cultural competency should be included as a learning outcome in the legal writing curriculum; suggested how it can be done, including some of the challenges of posing culturally sensitive issues in the classroom; and provided ideas for assessment and following up on the results.