Law Commons^™

Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang

Duke Law & Technology Review

The United States Congress recently passed the first federal legislation to curb the influx of spam. However, the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") left some measures to be enacted by the Federal Trade Commission ("FTC"), and some consumers are calling for the Act to have a broader reach and for the creation of a Do-Not-E-Mail registry. Conversely, the FTC decided to delay the creation of a registry and opted to assist in the development of a new technological authentication system. This iBrief looks at the current state of spam and explains that it is …

1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas

Duke Law & Technology Review

Electronic monitoring in the workplace has been the subject of relentless public criticism. Privacy advocates argue that technological advancements have given overbearing employers powerful tools to abuse employee dignity in the name of productivity and that new legislation should bolster workplace privacy rights. This iBrief contends that current U.S. legal doctrine governing electronic monitoring in the workplace is fair given the nature and purpose of the workplace, and potential employer liability for employee misconduct.

Privacy, Free Speech & The Garden Grove Cyber Café Experiment, Brett Stohs

Duke Law & Technology Review

In response to gang violence at local "cyber cafés," the City Council of Garden Grove, California, passed an ordinance requiring cyber cafés to install video surveillance systems. The constitutionality of the provision was subsequently challenged, and a California Court of Appeal determined that the video surveillance requirement did not violate free speech or privacy protections under either the federal or California Constitutions. This decision was immediately challenged, by commentators and a dissenting judge, as opening the door to Orwellian-type, government intrusions into individuals' personal lives. This iBrief analyzes the appellate court's decision and concludes that not only did the majority …

Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, Jean Macchiaroli Eggen, John G. Culhane

University of Michigan Journal of Law Reform

Gun violence continues unabated. Regulation of these deadly instruments is woefully inadequate, and legislatures are compounding the problem by barring or restricting access to the courts for the death and injuries that guns cause. In short, Congress and state legislators have repeatedly acquiesced to the demands of the gun lobby.

During the past several years, cities have struck back by filing public nuisance claims against those gun sellers whose practices pose a risk to the public's health and safety. After a slow start, public nuisance claims have recently gained traction in state appellate courts, which are increasingly coming to realize …

The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman

University of the District of Columbia Law Review

No abstract provided.

Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin

University of the District of Columbia Law Review

Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA …

Virtual Shareholder Meetings, Elizabeth Boros

Duke Law & Technology Review

Electronic communication impacts how widely-held corporations conduct shareholder meetings. For example, technology has facilitated such options as electronic proxy voting, remote electronic voting, and "virtual meetings." This iBrief examines the idea of "virtual meetings" and argues that they should not entirely replace physical meetings unless an electronic solution can be devised which replicates the face-to-face accountability of management to retail shareholders.

Restoring A Public Interest Vision Of Law In The Age Of The Internet, Marc Rotenberg

Duke Law & Technology Review

In November 2003, Mr. Marc Rotenberg, Executive Director of the Electronic Privacy Information Center, lectured at Duke Law School on the importance of protecting individual privacy. In his remarks, Mr. Rotenberg recounted the successful campaign against the government's Clipper Chip proposal. He argued that successful public interest advocacy in the Internet age requires the participation of experts from many fields, public engagement, and a willingness to avoid a simple "balancing" analysis. He further concluded that privacy may be one of the defining issues of a free society in the twenty-first century.

Digital Age Standard Form Contracts Under Austalian Law: "Wrap" Agreements, Exclusive Jurisdiction, And Binding Arbitration Clauses, John Adams

Washington International Law Journal

Despite the widespread use of end user agreements ("EULAs") within international e-commerce, their enforceability under Australian law has yet to be adjudicated. Legislative reform and judicial clarification of contract standards may be required for Australian courts to validate the methods of standard form contracting used in the digital age. While existing Anglo-Australian nules regarding contract formation may be adequate to enforce EULAs, the doctrine of privity presents an unnecessary and outdated barrier to the enforcement. Accordingly, the Australian legislature should abolish the doctrine of privity. In addition, Australian courts must clarify what type of notice is required for onerous contractual …

The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan

San Diego International Law Journal

The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the …

Oops! The Legal Consequences Of And Solutions To Online Pricing Errors, Benjamin Groebner

Washington Journal of Law, Technology & Arts

How can businesses conducting sales over the Internet protect themselves from the inevitability of pricing errors? Unlike the brick and mortar retailers’ ability to catch a pricing error quickly, thousands of orders can be placed with online retailers before they detect the problem. When pricing errors do occur and contracts are formed, merchants are forced to choose between absorbing the resulting financial loss as an investment in goodwill or trying to invalidate the contracts under the doctrine of unilateral mistake. To avoid binding contracts with customers at erroneous prices, online retailers should employ protective methods of contract formation that help …

Tarnishment And The Ftda: Lessening The Capacity To Identify And Distinguish, Layne T. Smith

BYU Law Review

No abstract provided.

Venture Capital Contracting Under The Korean Commercial Code: Adopting U.S. Techniques In South Korean Transactions, Eugene Kim

Washington International Law Journal

Because U.S. venture capital contracting techniques are well developed and highly effective, the appeal of adopting such techniques in venture capital transactions outside the United States is enormous to globally minded investors and legal practitioners. South Korea has yet to develop venture capital contracting practices as extensive as those found in the United States. In response to its burgeoning venture capital industry, however, South Korea will likely continue to adopt U.S. venture capital techniques in transactions governed by Korean corporate law. Such transactions can benefit the South Korean venture capital industry, leading to more profitable investments and financially successful companies …

Russian Draft Law On Special Economic Zones—A Step Forward, But Not Far Enough, Valentin A. Povarchuk

Washington International Law Journal

The situation in the Russian Far East epitomizes the acute need for economic reform and development in Russia. The region boasts an enormous wealth of metals, oil, gas, coal, timber, and marine resources, but has long suffered from excessive dependence on the central government's administration and its accompanying historical neglect. Taking a cue from China's successful use of special economic zones as a means to encourage economic reform, some Russian policy-makers have proposed special economic zones as a means to encourage development. Russia's early laws establishing special economic zones, however, did not produce self-sustaining results due to a lack of …

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo

BYU Law Review

No abstract provided.

Beyond "Unlimiting" Shareholder Liability: Vicarious Tort Liability For Corporate Officers, Timothy P. Glynn

Vanderbilt Law Review

Debate continues to rage over limited shareholder liability and the social costs it imposes.' While proposals flourish for imposing liability on shareholders to reduce these costs, little attention has been devoted to a more promising solution: vicarious tort liability for high- ranking corporate officers. Limited shareholder liability produces benefits, but it also inflicts costs, including encouraging excessively risky corporate activity. These costs are most pronounced in the tort context because potential tort victims rarely can protect themselves by monitoring corporate activities or bargaining with corporate actors. Commentators disagree on limited shareholder liability's net impact on social utility and what, if …

The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins

Nevada Law Journal

No abstract provided.

Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs To Show Actual Harm. Mosely V. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner

University of Arkansas at Little Rock Law Review

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor

Syracuse Journal of International Law and Commerce

This Note focuses on the accountability of multinational corporations that commit human rights violations abroad. More specifically, this note will focus on whether Exxon Mobil, who reported approximately $210 billion in revenue and was listed by Fortune as the largest publicly held corporation for the year 2000, may be held liable under the Alien Torts Claim Act ("ATCA") for knowingly supporting the egregious behavior of the Indonesian military. Part I of this Note explores the scope of the corporate human rights problem. Part II discusses the birth of multinational corporations ("MNCs"). Part III examines the history of the A TCA …

The Evolving Law On The Eurobank-Customer Relationship And The Common Law : The Need For Clarity, Edmund M. Kwaw

Syracuse Journal of International Law and Commerce

This article discusses the nature and operation of the euro-currency market and how the legal consequences of the euro-bank customer relationship are different from the domestic banker-customer relationship. It argues that there is a need for a redefinition of the common law on the banker-customer relationship.

2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj

Syracuse Journal of International Law and Commerce

In Presbyterian Church of Sudan v. Talisman Energy, the District Court for the Southern District of New York held that there was subject matter jurisdiction under the Alien Tort Claims Act [hereinafter ATCA], and that the Court could assert personal jurisdiction over a foreign corporation under New York law. The Court treated Talisman Energy [hereinafter Talisman], a Canadian corporation, as a state actor for ATCA purposes and further found that Talisman's acts constituted jus cogens violations. This Court's ruling reaffirmed Second Circuit and international treaty precedent, which holds that corporations may be held liable for }us cogens violations under the …

International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler

Syracuse Journal of International Law and Commerce

This article seeks to draw attention to the importance of understanding and mitigating the risks associated with the broad sweep of U.S. money laundering laws for persons pursuing new business relationships, such as new ventures in emerging markets. This article first examines the technical aspects of U.S. money laundering laws in the context of international transactions, and then provides recommendations for measured due diligence and other steps that work to reduce exposure to them by complying with the law's implicit "know your partner" requirement.

Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre

Syracuse Journal of International Law and Commerce

The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the world; To conduct research relating to the law and governance of Indigenous nations in the United States and Canada; To provide technical assistance to Indigenous nations in the United States and Canada seeking to reform their governing institutions and administrative laws, as well as federal, state, local, and …

The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman

Syracuse Journal of International Law and Commerce

The Seneca-Cayuga Tribe of Oklahoma brought a lawsuit in federal court against the Town of Aurelius and some other defendants. That lawsuit, as much as any lawsuit that I know of that has been decided in the past, presents the issue that we are confronted with today and that is: What is the right of people to return, and what kind of jurisdictional controls can they have over the land once they return?

What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano

Syracuse Journal of International Law and Commerce

The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This raises the next question: what kind of jurisdiction do returning removed tribes have, and, given that removal policy across the country, can these types of cases arise in any number of states?

Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson

Syracuse Journal of International Law and Commerce

This Note has been separated into five parts. Part I summarizes the history of whaling, details Norwegian contributions to the whaling industry, and outlines the formation and transformation of the International Whaling Commission. Part II discusses the legality of Norwegian whaling, enforcement failures within the International Whaling Commission, and exceptions to international law that legalize Norwegian whaling. Part III illustrates the negative effect of Norwegian whaling on Norway's relationship with the European Union and the potential effect that whaling could have on other Nordic countries. Part IV examines the future of Norwegian whaling and contemplates the possibility of Norway discontinuing …

Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

This article evaluates the political trusteeship in Iraq, and concludes that the United States failed to apply many lessons that the international community learned from preceding political trusteeships, and that the result is likely to be a serious unraveling of important, though intangible, sources of leverage for U. S. foreign policy and national security. The Iraq intervention has distracted attention from more important foreign policy objectives, including the urgent effort to understand the genesis of terrorism and to mobilize American resources to reduce the terrorist threat, while working through multilateral frameworks. Accomplishment of these is necessary for achieving important foreign …

"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen

UIC Law Review

No abstract provided.

Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan

UIC Law Review

No abstract provided.