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Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge Dec 2022

Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge

Brooklyn Journal of Corporate, Financial & Commercial Law

For some time, circuit courts have been ostensibly divided over the power of plaintiffs to maintain claims for injuries sustained from data breaches based merely on an increased risk of injury. However, in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), the Second Circuit denied the existence of the circuit split, instead contending that its three-factor balancing test for determining standing for risk of future injury in data breach cases could be reconciled with the positions of both clusters of circuits. The three factors are “(1) whether the plaintiffs’ data has been exposed as the …


Big Data And Accuracy In Statutory Interpretation, Brian G. Slocum Sep 2021

Big Data And Accuracy In Statutory Interpretation, Brian G. Slocum

Brooklyn Law Review

Scholarship is increasingly devoted to improving the “accuracy” of statutory interpretations, but accuracy is a contingent concept dependent on interpretive perspective. If, for instance, a scholar focuses on the language production of the legislature, she may seek to improve the methodology of statutory interpretation through a more sophisticated understanding of the legislative process. Thus, the scholar may argue that one can assess the reliability of the different types of legislative history by focusing on the actors and processes that produce them. Conversely, a scholar might focus on the language comprehension of some speech community, such as the one comprised of …


What Counts As Data?, Anya Bernstein Sep 2021

What Counts As Data?, Anya Bernstein

Brooklyn Law Review

We live in an age of information. But whether information counts as data depends on the questions we put to it. The same bit of information can constitute important data for some questions, but be irrelevant to others. And even when relevant, the same bit of data can speak to one aspect of our question while having little to say about another. Knowing what counts as data, and what it is data of, makes or breaks a data-driven approach. Yet that need for clarity sometimes gets ignored or assumed away. In this essay, I examine what counts as data in …


Functional Statehood In Contemporary International Law, William Thomas Worster Dec 2020

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …


Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar Dec 2020

Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar

Brooklyn Journal of International Law

The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …


When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor Dec 2016

When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor

Journal of Law and Policy

As one surveys the vast and ever-changing landscape of law and litigation, few things stand out as so unanimously exalted and carefully guarded as the privilege protecting attorney-client communications. Yet there is today a surprising lack of uniformity and predictability in the reasoning by which New York courts determine whether a communication made by in-house counsel to its corporate client will – or will not – enjoy the protection of that privilege. Rather than follow a single and predictable analysis to resolve the question, New York courts have oscillated between one line of decisions focusing primarily on the purpose of …


Taking Constitutional Identities Away From The Courts, Pietro Faraguna Jan 2016

Taking Constitutional Identities Away From The Courts, Pietro Faraguna

Brooklyn Journal of International Law

In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …


Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli Jan 2016

Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli

Brooklyn Journal of International Law

In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …


Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property, Alissa Cardillo Jan 2016

Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property, Alissa Cardillo

Brooklyn Journal of Corporate, Financial & Commercial Law

Trade secrets are one of a corporation’s most valuable assets. However, they lack adequate protection under federal law, leaving them vulnerable to theft and misappropriation. As technology advances, it becomes easier and less time consuming for individuals and entities to access and steal trade secrets to a corporation’s detriment. Most often these thefts involve stealing trade secrets in an intangible form. Current legislation fails to adequately protect intangible trade secrets, leaving them vulnerable to theft. An amendment to the National Stolen Property Act that encompasses intangible trade secrets would close a loophole that currently exists relating to intangible assets, allowing …


The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley Jan 2016

The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley

Brooklyn Journal of International Law

In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …


Perfect Plaintiffs, Cynthia Godsoe Oct 2015

Perfect Plaintiffs, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby Jan 2014

Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby

Faculty Scholarship

No abstract provided.


Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza Apr 2012

Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza

Faculty Scholarship

No abstract provided.


After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow Jan 2012

After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow

Faculty Scholarship

No abstract provided.


Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash Dec 2011

Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Faculty Scholarship

No abstract provided.


Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin Jul 2011

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.


Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr. Apr 2009

Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.


Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel Oct 2008

Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


For And Against Marriage: A Revision., Anita Bernstein Nov 2003

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.


Statutory Inflation And Institutional Choice, Lawrence Solan Jan 2003

Statutory Inflation And Institutional Choice, Lawrence Solan

Faculty Scholarship

No abstract provided.


Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma Jan 2003

Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.


The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma Jun 2002

The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.


The Communities That Make Standards Of Care Possible, Anita Bernstein Jan 2002

The Communities That Make Standards Of Care Possible, Anita Bernstein

Faculty Scholarship

No abstract provided.


The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow Jan 2002

The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow

Faculty Scholarship

No abstract provided.


The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan Jan 2001

The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan

Faculty Scholarship

No abstract provided.


Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger Jan 1998

Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger

Faculty Scholarship

No abstract provided.


Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser Mar 1997

Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger Oct 1995

The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger

Faculty Scholarship

No abstract provided.


Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan Jan 1995

Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan

Faculty Scholarship

No abstract provided.


Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.