Write 2 pages with APA style on Micky McDivet. Running Head: MICKEY McDIVET MICKEY McDIVET By M E MO R A N D U M 2 November The Supervising Attorney Standard of Review in Federal District Courts

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When a federal district exercises its power as an appellate court of Administrative Law Judge (ALJ) decisions, the deference which it gives to the latter is governed by a standard of review. Such standard of review is dependent upon the issues brought up on appeal or review. In considering whether or not an appeal of Mickey McDivet’s case should be elevated to the appropriate federal district court, the standard of reviews discussed herein must be reviewed.

There are various standards of review that appellate courts may use. In federal district courts and where the decision under consideration is that of the ALJ, two standards of review are commonly considered, namely: substantial evidence, and. de novo.

A substantial evidence standard of review was defined in Richardson v Perales. 402 US 389, 401 (1971) as “such relevant evidence as a reasonable mind might accept as adequate to support a decision.” A reviewing court must set aside the decision of the trial court if it finds that the evidence used in supporting the decision lacks substance taking into account the evidence in the case’s record that opposed such findings (Universal Camera Corp v NLRB 340 US 474, 488 [1951]). In deciding whether evidence is substantial or not, the US Supreme Court in the Richardson case reminds appellate courts that is “more than a mere scintilla.” Five decided cases that made use of this standard are the following:

Kober v. Apfel, 133 F.Supp.2d 868 (2001)

Bowers v Astrue, 555 F. Supp. 2d 1241 (2008)

O’Connor v Barnhart, 2004 U.S. Dist. LEXIS 19537

Dunn v. Astrue, 660 F. Supp. 2d. 1290 (2009)

Hensley v Barnhart, 352 F.3d 353 (2003)

A de novo standard of review is one where a “reviewing court makes an original appraisal of all the evidence to decide whether or not it believes [the conclusions of the trial court]” (Bose Corporation v Consumers Union of the US, Inc. 466 US 485, 514 [1984]). A de novo standard of review applies when there is an error of law (Kober v Apfel, 133 F.Supp.2d 868 [2001] or a mixed error of law and facts (Johnson v Employment Security, 112 Wn.2d 172 [1989]). This standard of review was used in the following cases:

Kober v. Apfel, 133 F.Supp.2d 868 (2001)

Amanda J. v Clark County School District, 267 F.3d 877, 887-88 (2001)

Deal v Hamilton County Dept. of Education, 259 F Supp. 2d 687 (2003)

Closson v Astrue (2008) U.S. Dist. LEXIS 13129

Johnson v Employment Security 112 Wn.2d 172 (1989)

Any decision to elevate Mickey McDivet case must take into account the two standards of review, which the federal district courts commonly use in reviewing a case. The issues that an appealing party cites as basis for the appeal usually determine the standard that the court will use. An assignment of error of law, for example, will subject it to a de novo standard review and an assignment of error of fact on the part of the ALJ will subject it to a substantial evidence standard of review. An assignment of both types will create subject it to both standards.

References:

Amanda J. v Clark County School District, 267 F.3d 877, 887-88 (2001).

Bose Corporation v Consumers Union of the US, Inc. 466 US 485, 514 (1984).

Bowers v Astrue, 555 F. Supp. 2d 1241 (2008).

Closson v Astrue (2008) U.S. Dist. LEXIS 13129.

Deal v Hamilton County Dept. of Education, 259 F Supp. 2d 687 (2003).

Dunn v. Astrue, 660 F. Supp. 2d. 1290 (2009).

Hensley v Barnhart, 352 F.3d 353 (2003).

Johnson v Employment Security 112 Wn.2d 172 (1989).

Kober v. Apfel, 133 F.Supp.2d 868 (2001).

O’Connor v Barnhart, 2004 U.S. Dist. LEXIS 19537.

Richardson v Perales. 402 US 389, 401 (1971).

Universal Camera Corp v NLRB 340 US 474, 488 (1951).

Please describe an instance of which you are aware in which an act of internet crime took place.

Criterion                 Description                               Points possible 

________________________________________________________   

Content         Initial response addresses                            5

                          question presented  

_______________________________________________________

Word Count           250 Words                                           5

_____________________________________________________

Response To    Participant responds to                             10

Classmates            two classmates, 

                       and response furthers the discussion, 

                    (e.g., asks a question, provides further

                     information or examples, or introduces

                     a different opinion (10points/per posting). 

                 100 words minimum word count for reply post. 

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                         Total Points possible                                  20

Response#1(Saketh)

The world is changing fast, and technology is something that is on the forefront. With an increasing rate of innovations and storage of data in the cloud and inform of an electronic form, there is a get risk of data being tampered with. When innovators come up with security to block them from getting through the firewalls and retrieve the data. Most companies and organizations have suffered the impact of cyber-crime where their data have been hacked and used inappropriately.

In the United States, the reports of major incidences of cyber-crimes are reported weekly if not daily. This is best evidenced in crypto-jacking that had its rise in 2018. There were numerous security alerts that were provided to the general public so that they do not become victims of cyber-crime that is so rampant. Crypto-jacking in 2018 was so big that it was overtaking one of the big names in cyber-crime types, ransomware. It called for corporates and also individuals to make sure they protect their data. A lot of data penetrations were observed locally and internationally (Eskandari et al., April 2018). This is because Europe was also experiencing the same crypto-currency attack just like in the United States.

Crypto-jacking came up due to the development that cryptocurrency has been fetching since the year 2009. Bitcoin has proved its worth by centralizing the cryptocurrency. Since many people have come to be players in the big game, not everyone who comes in means good for the business. Through this, illegal miners have been in Ina position to retrieve data by hacking the cryptocurrency websites and gotten away with people’s money (Konoth et al, October 2018). It was observed that quite a good number of illegal miners were identified and their accounts were shut down. This was after angry customers raised the alert to the organization.  The organization, on the other hand, was not willing to be on the receiving end as the process will scare away its potential customers and the end result would make the organization make losses which will be negative in sustaining itself.

References

Eskandari, S., Leoutsarakos, A., Mursch, T., & Clark, J. (2018, April). A first look at browser-based Cryptojacking. In 2018 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW) (pp. 58-66). IEEE.

Konoth, R. K., Vineti, E., Moonsamy, V., Lindorfer, M., Kruegel, C., Bos, H., & Vigna, G. (2018, October). Minesweeper: An in-depth look into drive-by cryptocurrency mining and its defense. In Proceedings of the 2018 ACM SIGSAC Conference on Computer and Communications Security (pp. 1714-1730). ACM.

Response#2(kanaka)

The introduction of the internet brought with it lots of improvements to our lives and method of communication. Also, with this innovation came a new way of crime. While the internet increased the rate of global communication it also increased the window via which crime can be committed.  According to McGuire, Dowling, (2013), “cybercrimes are offenses that can only be committed using a computer, computer networks or another form of information communications technology (ICT). It includes the spread of virus and malware, hacking and distributed denial of service (DDoS) attacks”. One of the biggest cybercrimes I am aware of is the Target Data breach that took place in 2013.

        This was one of the most impactful data breaches in the US. The impact of this breach was felt by approximately 70 million customers. The target of this act was credit card information utilized by Targets customer while performing transactions of the company’s e-commerce website. It was reported that the attacker got access to Targets database via a third-party vendor who had access to the system. Data breaches have become a norm in the cyber community; it is important that organizations take meticulous steps to ensure that their data and network are fortified against attacks. Some other popular cybercrimes are; phishing, keylogging, identity theft, online fraud or scam, Denial of services attacks, cyberstalking, viruses, social engineering, and illegal content distribution. 

     Let’s take an instance of internet crime that took place is when I was using my Facebook account, and in the process, the account was interrupted, and I could not log out. After some time, an unknown person was using my Facebook account. The account was used by the person to post some unsolicited messages to some of my friends. I realized this later and reset the password of the account and safeguarded it.

Reference

McGuire, M., & Dowling, S. (2013). Cybercrime: A review of the evidence. Summary of key findings and implications. Home Office Research report, 75.

Casey, E. (2011). Digital evidence and computer crime: Forensic science, computers, and the internet. Academic press.