Digital Commons Network^™

Appropriations Law Andn The Statutory Foreign Affairs Presidency, Chris Mirasola

University of Pennsylvania Law Review Online

No abstract provided.

Don't Just Do Something, Stand There: What Crinimal Law Teaches Us About Article Iii Standing In Data Breach Cases, Caroline Ribet

University of Pennsylvania Law Review

Data breaches of companies that expose consumer information are a pervasive and growing issue. The United States Courts of Appeals are divided over whether consumers have Article III Standing to sue the hacked organizations that did not protect their personal data. This Comment draws on insights from criminal law to argue that courts should take a more expansive view of the harm to consumers when their personal data is exposed, even where the plaintiffs cannot allege that their data has been misused. This approach would give more consumers the opportunity to have a day in court to vindicate the real …

The President's Authority Over Cross-Border Data Flows, Anupam Chander, Paul M. Schwartz

University of Pennsylvania Law Review

This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.

(Sub)Delegating National Security Powers, Ashley Deeks

University of Pennsylvania Law Review

The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these delegations are understudied, there may be reason for concern. Sometimes the President’s national security subdelegations have been unfaithful to Congress’s strictures. Sometimes the delegations are high stakes, as where President Eisenhower delegated to seven military officials the authority to launch nuclear weapons. Presidents sometimes even resist seemingly reasonable statutory limits on the power to delegate decisions that could lead the United States into armed conflict.

National security delegations can be costly. They may diffuse political accountability for high-stakes decisions. The …

Electronic Assent: Assuring The Review And Comprehension Of Contract Terms In Franchising, Robert W. Emerson

University of Pennsylvania Journal of Business Law

Franchisees often sign agreements without understanding the contract to which they have theoretically agreed. Digital business technology has become the norm across the world, however; and electronic contracts—e-contracts—come with a unique set of advantages—faster turnaround, seamless integration, increased flexibility—and also a unique set of challenges.

This Article considers the technological developments and ramifications of digital contracts and the resulting behavior of franchise parties. It briefly discusses acceptance and then delves into cases and legislation, both domestic and foreign, about different categories of electronic contracts. Finally, this Article examines technology’s impact on franchise contract formation. As the process becomes faster and …

Controlling Decisions On Anti-Satellite Weapons: A Policy-Oriented Perspective, Gershon Hasin

Journal of Law & Innovation

Through the lens of policy-oriented jurisprudence, this contribution will consider the potential avenues for controlling the decisions of participants when it comes to anti-satellite (“ASAT”) weapons within and outside the formal international lawmaking process. Given that all the major space powers have tested ASAT weapons and are thus primarily exposed to the adverse effects of any further testing and the strategic detriments of further proliferation, their interests seem to align in favor of a testing prohibition and non-proliferation. In fact, the United States has proclaimed a self-ban on destructive testing and has promoted a call for an international testing ban …

Property Rights Over The Moon Or On The Moon? The Legality Of Space Resource Exploitation On Celestial Bodies, Frans G. Von Der Dunk

Journal of Law & Innovation

One of the most debated issues in humankind’s ongoing ventures into outer space today from a legal perspective concerns the various plans and projects for long-term human settlements on the Moon and Mars and the accompanying interest in In-Situ Resource Utilization (ISRU) as part of what more commonly is known as “space mining.” Given the lack of precision of the 1967 Outer Space Treaty,1 the lack of support for the 1979 Moon Agreement,2 and the more recent enunciation of a few national laws on the matter,3 major questions arise as to the extent of the legality of commercial exploitation of …

Sanctions, Nukes And Juche: Franchising In North Korea, Robert W. Emerson, Jason R. Parnell

University of Pennsylvania Journal of International Law

No abstract provided.

The International Norm Against Unjust Enrichment And State Enrichment Through The Harmful Conduct Of Private Parties, Ariel Zemach

University of Pennsylvania Journal of International Law

States are often enriched by the flow to their coffers of wealth accrued to private actors through internationally harmful conduct such as overfishing, acts causing transboundary air or marine pollution, cyber attacks, and international corruption. A portion of the wealth acquired by private actors through such conduct is often passed on to the State through its tax system. This article argues that this form of income to the State triggers the application of the international norm against unjust enrichment. Under the international law of unjust enrichment, such income could give rise to a duty of restitution owed by the enriched …

Internet Human Rights, Michael J. Kelly, David Satola

University of Pennsylvania Journal of Law and Social Change

The rate at which Internet connectivity is spreading is matched only by the increasing amount of time people spend online. Today over 5 billion humans access the Internet; the overwhelming majority of them engage in social media, and almost all of them live out key aspects of their daily lives digitally. Human rights are universal in the sense that they apply to everyone, everywhere. And while there are indicators that they apply in cyberspace, how they apply is a different story.

Now, as the Universal Declaration of Human Rights (UDHR) turns 75, we wonder how many of those rights accompany …

Why Do Public Students In High School Get More Free Speech Protection Than In Universities? A Comparative Analysis Of “Off-Campus” Free Speech In Secondary School And Post-Secondary Public Schooling, Madeline Feldman Fenton

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples

University of Pennsylvania Journal of Business Law

No abstract provided.

Cyber Silent Spring: Leveraging Esg+T Frameworks And Trustmarks To Better Inform Investors And Consumers About The Sustainability, Cybersecurity, And Privacy Of Internet-Connected Devices, Scott J. Shackelford, Angie Raymond, Martin A. Mccrory, Andrea Bonime-Blanc

University of Pennsylvania Journal of Business Law

No abstract provided.

Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli

University of Pennsylvania Journal of Business Law

No abstract provided.

Focus On China: The Expansive Use Of National Security Measures To Address Economic Competitiveness Concerns, Stephen Kho, Yujin K. Mcnamara

University of Pennsylvania Asian Law Review

No abstract provided.

Law And Digital Globalization, Georgios Dimitropoulos

University of Pennsylvania Journal of International Law

No abstract provided.

Crisis And Disconnect: Electoral Legitimacy And Proposals For Election Reform, Bradley A. Smith

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Revenge Porn In The Shadow Of The First Amendment, Roni Rosenberg, Hadar Dancig-Rosenberg

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Special Purpose Acquisition Companies (Spacs) And The Sec, Neal F. Newman, Lawrence J. Trautman

University of Pennsylvania Journal of Business Law

No abstract provided.

Online Rulers As Hybrid Bodies: The Case Of Infringing Content Monitoring, Orit Fischman-Afori

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Regulatory Sandboxes For Safety Assurance Of Autonomous Vehicles, Joshua T. J. Burd

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Long-Tail Liability Revolution: Creating The New World Of Tort And Insurance Law, Kenneth S. Abraham

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

In, From, And To Space: Safeguarding The United States Of America And Her Interests, Peter Y. Kim

University of Pennsylvania Journal of International Law

No abstract provided.

Critical Protection For The Network Of Persons, Janine S. Hiller, Gerlinde Berger-Walliser, Aaron F. Brantly

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Deepfake Dilemma: Reconciling Privacy And First Amendment Protections, Shannon Reid

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Cyber-Nuisance, Frederic Gilles Sourgens

University of Pennsylvania Journal of International Law

No abstract provided.

Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Mass Seizure And Mass Search, Gregory Brazeal

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Bad Actors: Authenticity, Inauthenticity, Speech, And Capitalism, Sarah C. Hann

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Unsettled Questions In Student Speeech Law, David L. Hudson Jr.

University of Pennsylvania Journal of Constitutional Law

No abstract provided.