Law Commons^™

It’S Time To Open Up The L-1b: How The Emergence Of Open Source Technology Will Impact The L-1b Visa Program, Elizabeth K. Ottman

Catholic University Law Review

The L-1 visa program allows multinational companies to transfer both managerial/executive employees and employees who hold “specialized knowledge” to work in the United States. In the Information Technology (IT) industry, it has become increasingly difficult to get workers approved for intra-company transfer due to the way United States Citizenship and Immigration Services (USCIS) narrowly interprets the definition of specialized knowledge. Although USCIS has issued memoranda that indicate knowledge “need not be proprietary or unique,” in practice, knowledge of proprietary software is the most effective way to prove an employee in the IT industry has specialized knowledge. However, in the last …

The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. Mcclean

Catholic University Law Review

Section 8(a) of the Small Business Act (the ‘‘8(a) program’’) is a federal contracting program that permits the government to award certain contracts to members of designated racial groups that own small businesses. Courts have denied facial challenges to the program, but have upheld challenges alleging the program is unconstitutional as applied to particular industries. As a result, the military is banned from using the program in at least one industry, and inherits significant risk when using the program in other industries. The government has never articulated a diversity rationale to justify the use of race-conscious measures in the military …

The Next Step In Civil Asset Forfeiture Reform: Passing The Civil Asset Forfeiture Reform Act Of 2014, Daniel Reed

Catholic University Law Review

Civil asset forfeiture is an operation of legal fiction that enables the government to seize property without an underlying conviction of the property owner. Federal authorities bring thousands of civil asset forfeiture cases annually, often against the property of owners who have not been charged with a crime. Such cases can result in unjust outcomes and denials of due process to property owners. To address this controversy, Representative Tim Walberg proposed several reforms to federal civil asset forfeiture laws known as the Civil Asset Forfeiture Reform Act of 2014 (CAFRA 2014).

After discussing the history of civil asset forfeiture, this …

Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom

Catholic University Law Review

As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take action against businesses …

Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles

Catholic University Law Review

A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.

This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the …

Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke

Catholic University Law Review

This Article presents the results of the first empirical research project to investigate law students’ use of defensive pessimism. Previous researchers have suggested that defensive pessimism may benefit law students academically. Defensive pessimism is a strategy that involves setting low expectations and reflecting extensively on what could go wrong in connection with a future event in order to manage anxiety and improve performance. However, up until now, law students’ use of defensive pessimism has not been empirically studied.

We investigated law students’ use of defensive pessimism. Contrary to the suggestions of other scholars, we did not find statistically significant relationships …

Oversight Of Oversight: A Proposal For More Effective Foia Reform, Aram A. Gavoor, Daniel Miktus

Catholic University Law Review

One of the main mechanisms by which the public can gather information about government activity is through the Freedom of Information Act (FOIA). This Article suggests that FOIA contains inconsistencies that lead to a less transparent government. Gaps and ambiguities in its language that invite and require federal agency interpretation, are at odds with FOIA’s de novo standard of review. This Article suggests that FOIA’s public policy goals would be better served if Congress takes decisive action to clarify FOIA’s language and fill in such ambiguities and gaps.

The Third Party Doctrine And Physical Location: The Privacy Implications Of Warrantless Acquisition Of Historical Cell Site Location Information, Matthew G. Baker

Catholic University Law Review

The warrantless acquisition of cell site location information (CSLI) by law enforcement implicates serious privacy concerns for all cell phone owners. Through a series of cases in the Circuit Courts of Appeals, the judiciary has declared that there is no expectation of privacy in the historical location of cell phones. The third-party doctrine controls where a cell phone user voluntarily conveys his location to a cell service provider.

This Comment discusses the history of the Fourth Amendment and the development of the expectation of privacy test, the third-party doctrine, and the tracking of vehicles with transponders. This Comment reviews a …

Death Row Dogs, Hard Time Prisoners, And Creative Rehabilitation Strategies: Prisoner-Dog Training Programs, Paul J. Larkin, Jr.

Catholic University Law Review

More and more prisons have witnessed the success of Prisoner-Dog Training Programs (PDPs) in the last few years. PDPs entail a prisoner training an animal (usually a dog) to be a service animal for the disabled or a well-behaved household pet. PDPs at state and federal prisons have turned out to be a win-win-win. The animals involved in the program are typically those at risk of being euthanized, giving those animals a second chance at life; the community benefits because people adopt well-behaved and trained animals; and the prisoner-trainers learn what it means to contribute to society in a material …

Miranda’S Near Death Experience: Reflections On The Occasion Of Miranda’S Fiftieth Anniversary, Eugene R. Milhizer

Catholic University Law Review

Miranda v. Arizona is widely regarded as one of the most controversial Supreme Court decisions in U.S. history. Shortly after the case was decided, Gallop Polls indicated that 63% of the public felt the Supreme Court was too soft on criminals. But despite its controversy, Miranda has become so widely accepted in popular culture that most people cannot imagine a criminal justice system without it. This wide spread acceptance, however, is more of a recent phenomenon in the landmark case’s history.

This article discusses Miranda’s tumultuous past; its harsh criticism from the legal community, academics, and the public at …

Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.

Catholic University Law Review

Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.

This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and its troubling …

Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti

Catholic University Law Review

Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA …

Titles Ii Or Iii: Where Will The Wisdom Of The Crowd Take Investors?, William P. Lane

Catholic University Law Review

Many small to moderate-sized businesses simply cannot afford the costs of the specialized accountants, underwriters, and attorneys necessary to meet the obligations that come with being a public company. To minimize these burdens recently approved regulations permit securities-based crowdfunding by certain private companies without registering the offering with the Securities and Exchange Commission.

On April 5, 2012, Congress passed, and President Barack Obama signed, the Jumpstart Our Business Startups Act (JOBS Act) into law. The goal of the JOBS Act was to increase job creation and economic growth by improving access to the markets. Along with other provisions, the JOBS …

Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard

Catholic University Journal of Law and Technology

This note argues that the current framework that governs health care applications and consumer privacy is slacking and outlines strategies to ensure protection against third party accessibility of information that consumers deem private.

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Catholic University Journal of Law and Technology

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Catholic University Journal of Law and Technology

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Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini

Catholic University Journal of Law and Technology

No abstract provided.

Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin

Catholic University Journal of Law and Technology

No abstract provided.

Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary, Christopher Terry

Catholic University Journal of Law and Technology

Following the appearances of presidential candidates Donald Trump, Bernie Sanders and Hillary Clinton on episodes of Saturday Night Live, local television affiliates were required to upload documents related to the appearances to the FCC’s online public file database. After discussing the FCC’s database, the Bona Fide News Exception and the modern application of Section 315’s Equal Time Requirements, this study examines the compliance by the local NBC affiliates in the top 100 television markets with the public file requirements for candidate appearances and subsequent equal time requests as a test of station compliance with the requirements of the FCC’s online …

How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel

Catholic University Journal of Law and Technology

The article focuses on two Supreme Court decisions, King v. Burwell and FCC v. Fox Televisions Stations, Inc., that provide diametrically different models for how deferential a court should be when it reviews administrative action. The former case addresses how deferential a court should be for an agency’s statutory interpretation of an ambiguous statute for a question that has significant economic and political effects but Congress had not expressly delegated the question to the agency. The latter case addresses how deferential a court should be when an agency’s changes a policy that is within its statutory authority. These two …

#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu

Catholic University Journal of Law and Technology

No abstract provided.

Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin

Catholic University Journal of Law and Technology

337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders. Because of the international impacts of Section 337 and the injunctive nature of its remedies, the application of the statute has profound impacts on the trade between U.S. and other countries.

China is a country that has enormous trade with the U.S and imports large amounts of goods to the U.S. each year. Moreover, the weak intellectual property protection in China has been a serious …

Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross

Catholic University Journal of Law and Technology

This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial revolution, …

The Lost Due Process Doctrines, Paul J. Larkin Jr.

Catholic University Law Review

Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same …

Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss

Catholic University Law Review

In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty to …

How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, Patricia A. Leeson

Catholic University Law Review

With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy proceedings, …

The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston

Catholic University Law Review

The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies …

Developing Exposure-Based Preconception Tort Liability: A Scientific Challenge To Traditional Tort Concepts, Nicholas P. Putz

Catholic University Law Review

With all of the recent advances in science and technology, humans are being exposed to many new and complex substances for the first time. Such exposure has led to an array of medical complications, ranging from cancer to physical deformity. However, simultaneous advances in other areas of science and technology are, for the first time, beginning to provide humans with the tools to pinpoint the causes of disease. Unfortunately, a sufficient causal diagnosis in the medical field does not directly translate to an actionable harm in the U.S. legal system. In particular, injuries that may have resulted from prior generational …

Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano

Catholic University Journal of Law and Technology

No abstract provided.