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Policing Cyberspace: The Uncertain Future Of Data Privacy And Security Enforcement In The Wake Of Labmd, Julia Whall 2019 Boston College Law School

Policing Cyberspace: The Uncertain Future Of Data Privacy And Security Enforcement In The Wake Of Labmd, Julia Whall

Boston College Law Review

On June 6, 2018, in LabMD, Inc. v. Federal Trade Commission (LabMD III), the U.S. Court of Appeals for the Eleventh Circuit vacated a Federal Trade Commission order that required a small medical laboratory to maintain a reasonable data security program following a data breach. The case presented the Eleventh Circuit with the opportunity to clarify the FTC’s data privacy and security enforcement powers under Section 5 of the FTC Act. The court, however, only addressed this issue briefly in dicta, and instead held that the order was unenforceable because it was overly-broad. This Comment argues that Eleventh ...


When The Same Words Mean Different Things: Varjabedian V. Emulex Corp., And The Requirements Of Section 14(E) Of The Exchange Act, Isaac Lederman 2019 Boston College Law School

When The Same Words Mean Different Things: Varjabedian V. Emulex Corp., And The Requirements Of Section 14(E) Of The Exchange Act, Isaac Lederman

Boston College Law Review

On April 20, 2018, in Varjabedian v. Emulex Corp., the United States Court of Appeals for the Ninth Circuit held that Section 14(e) of the Securities Exchange Act of 1934 requires only a showing of negligence, not scienter, to establish a violation. The Ninth Circuit derived that requirement from the fact that Section 14(e) resembles Section 17(a)(2) of the Securities Act of 1933. In reaching this conclusion, the Ninth Circuit split with all the other courts to consider this question. The Second, Third, Fifth, Sixth, and Eleventh Circuits had previously held that Section 14(e) shares ...


Platforms And The Rule Of Reason: The American Express Case, Herbert J. Hovenkamp 2019 University of Pennsylvania Law School

Platforms And The Rule Of Reason: The American Express Case, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In Ohio v. American Express Co., the Supreme Court applied antitrust’s rule of reason to a two-sided platform. The challenge was to an “anti-steering” rule, a vertical restraint preventing merchants from shifting customers who offered an AmEx card from to a less costly alternative such as Visa or Mastercard.

A two-sided platform is a business that depends on relationships between two different, noncompeting groups of transaction partners. For example, a printed periodical such as a newspaper earns revenue by selling both advertising and subscriptions to the paper itself. Success depends on a platform’s ability to maintain the appropriate ...


The Effect Of The Internet Era And South Dakota V. Wayfair On The Unitary Business Rule, Phillip Popkin 2019 Boston College Law School

The Effect Of The Internet Era And South Dakota V. Wayfair On The Unitary Business Rule, Phillip Popkin

Boston College Law Review

On June 21, 2018, the Supreme Court in South Dakota v. Wayfair eliminated the sales tax physical presence rule for the Dormant Commerce Clause’s “substantial nexus” requirement. This decision extends a State’s ability to tax interstate commerce. This Comment argues that Wayfair’s expansion of state tax jurisdiction should be applicable all forms of state taxation, as opposed to solely sales tax because it interprets the substantial nexus requirement of the Dormant Commerce Clause. Corporate taxation’s unitary business rule should utilize the changes to the substantial nexus requirement to restore its original intention and adapt to modern ...


Digital Market Perfection, Rory Van Loo 2019 Boston University School of Law

Digital Market Perfection, Rory Van Loo

Michigan Law Review

Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to search and switch, potentially bringing tremendous societal ...


Creatures Of Habit: Predictions About Delaware’S Future Treatment Of Disclosure Only Settlements And What It Means For Plaintiffs’ Attorneys Seeking A Pay Day, Peter Diliberti 2019 Boston College Law School

Creatures Of Habit: Predictions About Delaware’S Future Treatment Of Disclosure Only Settlements And What It Means For Plaintiffs’ Attorneys Seeking A Pay Day, Peter Diliberti

Boston College Law Review

Scholars agree that in order for states to either obtain or maintain the business of corporate merger litigation, they must engage in competition with one another. Delaware has participated in this competition in the past to maintain its position as the country’s leading forum for corporate merger litigation. One of the most prominent aspects of this type of litigation is the “disclosure only settlement.” In the 2016 case In re Trulia, the Delaware Court of Chancery broke from a well-established precedent of approving disclosure only settlements and indicated it would be applying a heightened level of scrutiny to them ...


Modernizing The Stockholder Shield: How Blockchains And Distributed Ledgers Could Rescue The Appraisal Remedy, Brandon Ferrick 2019 Boston College Law School

Modernizing The Stockholder Shield: How Blockchains And Distributed Ledgers Could Rescue The Appraisal Remedy, Brandon Ferrick

Boston College Law Review

A recent wave of appraisal litigation has highlighted costly flaws in Delaware’s appraisal law. The genesis of the problems stems from dilapidated assumptions about stock ownership and corporate record keeping baked into the Delaware General Corporation Law. Technological advancements, namely distributed ledgers and blockchain technology, promise to bring Delaware’s appraisal law into the twenty-first century while remaining consistent with existing appraisal law. Distributed ledgers and blockchain technology promise lightning fast clearing times, infallible record keeping, and cost-efficient modes of transfer. States, private actors, and laypersons are already recognizing the litany of benefits offered by these technologies. This Note ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Big Data Discrimination: Maintaining Protection Of Individual Privacy Without Disincentivizing Businesses’ Use Of Biometric Data To Enhance Security, Lauren Stewart 2019 Boston College Law School

Big Data Discrimination: Maintaining Protection Of Individual Privacy Without Disincentivizing Businesses’ Use Of Biometric Data To Enhance Security, Lauren Stewart

Boston College Law Review

Biometric identification technology is playing an increasingly significant role in the lives of consumers in the United States today. Despite the benefits of increased data security and ease of consumer access to businesses’ services, lack of widespread biometric data regulation creates the potential for commercial misuse. Of particular concern is the use of biometric data by businesses, such as those within the data broker industry, to enable opaque discrimination against consumers. Although some states, such as Illinois, Texas, and Washington, have adopted comprehensive biometric data regulation statutes, the statutes do not offer a consistent approach. This Note argues that Congress ...


Navigating Sino-American Business Relationships, Ryan Stenquist 2019 Brigham Young University Marriott School

Navigating Sino-American Business Relationships, Ryan Stenquist

Marriott Student Review

Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.


Global Standards For Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform, Charles W. Mooney Jr. 2019 University of Pennsylvania Law School

Global Standards For Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

Intermediaries such as stockbrokers and banks are ubiquitous in global securities markets, playing essential roles in markets, including trading, settling trades, and post-settlement holding of securities. This essay focuses in particular on the roles of intermediaries in securities holding systems. It proposes an IOSCO-led “soft-law-to-hard-law” approach to the development of Global Standards for reforms to these holding systems. States would be expected to adopt “hard law” reforms through statutory and regulatory adjustments to securities holding systems. The reforms would embrace not only important standards of a functional and regulatory nature, but also holistic standards relating to the private law, insolvency ...


Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick 2019 University of Pennsylvania Law School

Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick

Faculty Scholarship at Penn Law

Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.

This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews ...


Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth VAROTTIL, Wai Yee WAN 2019 Singapore Management University

Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth Varottil, Wai Yee Wan

Research Collection School Of Law

The market for corporate control is animportant corporate governance mechanism for the discipline of corporatemanagers. However, the process and substance of the regulation of hostiletakeovers differs remarkably among various jurisdictions. Existing andinfluential scholarship has focused on the differences in regulation between UnitedStates (US) and the United Kingdom (UK), with the explanations being founded ininterest group politics. Influential as it is, the question is whether thetheory can be extended outside of the US and the UK, particularly to theirlegal transplants in Asia? In the last few decades, many of the Asianjurisdictions have drawn heavily from the US and the UK when ...


Contracts, Constitutions, And Getting The Interpretation-Construction Distinction Right, Gregory Klass 2019 Georgetown University Law Center

Contracts, Constitutions, And Getting The Interpretation-Construction Distinction Right, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Interpretation determines the meaning of a legal actor’s words or other significant acts, construction their legal effect. Using contract law and then two nineteenth century theories of constitutional interpretation as examples, this Article advances four claims about interpretation, construction, and the relationship between the two. First, many theorists, following Francis Lieber, assume that rules of construction apply only when interpretation runs out, such as when a text’s meaning is ambiguous or does not address an issue. In fact, a rule of construction is always necessary to determine a legal speech act’s effect, including when its meaning is ...


State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan 2018 Murray State University

State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan

Seid Hassan

State capture, corporate ownership structure, and institutional reform issues in Ethiopia[1]
(Working paper, incomplete)
Seid Hassan and Minga Negash[2]
Abstract: Examining the ownership structure and the methods of financing of companies provide important insights for the understanding of the type of institutional reforms in a given socio-economic environment. Much of the literature on corporate accountability in developing economies extends the legal and regulatory reforms done in richer nations and on codes provided by organized professions that in turn rely on virtue-centered ethics. More recently, the capture theory of regulation has been revisited by a number of researchers to ...


Recent Developments Concerning The Purchase Of Consumer Debt; Defining Potential Problems And Proposals For Suggested Solutions, Gerald A. Williams 2018 Pepperdine University

Recent Developments Concerning The Purchase Of Consumer Debt; Defining Potential Problems And Proposals For Suggested Solutions, Gerald A. Williams

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath 2018 Notre Dame Law School

Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath

Journal of Legislation

This Article explores the connotation of the term “diversity” in the corporate governance sphere and the utility of such a connotation. To explore what the term has come to mean, this Article conducts a comparative analysis of how the term is used in the corporate governance context in the U.S., U.K., Australia, Canada, India, and Malaysia. Based on this analysis, this Article argues that the push for “diversity” (in the way it has come to be understood) on company boards needs to be re-examined and recommends that the SEC needs to define the term in accordance with its ...


Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn 2018 Georgia State University

Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn

Georgia State University Law Review

Georgia law previously allowed counties and municipalities to permit the sale of alcoholic beverages on Sundays from 12:30 P.M. until 11:30 P.M. This Act, deemed “the Brunch Bill,” authorizes the counties and municipalities that have affirmatively voted by referendum to sell alcoholic beverages on Sundays to sell them earlier, at 11:00 A.M., if approved by a second referendum vote. This change applies to restaurants that make at least 50% of their revenue from the sale of food and hotels, and Georgia wineries.


Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann 2018 University of Washington School of Law

Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann

Washington Law Review

The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a decisive federal policy response to climate change, nearly thirty states have created a new type of securities—clean energy credits—to promote low-carbon renewable and nuclear power. As more and more of these programs come under attack for alleged violations of the dormant Commerce Clause, this Article explores the constitutional constraints on clean energy credit policies. Careful analysis of recent and ongoing litigation reveals the ...


Head In The Clouds, Head In The Sand: Federal Failure To Update Guidance On Computer Transaction In An International Context, Logan S. Weaver 2018 University of Washington School of Law

Head In The Clouds, Head In The Sand: Federal Failure To Update Guidance On Computer Transaction In An International Context, Logan S. Weaver

Washington Law Review

The United States has two different rationales for taxing income of non-U.S. persons and entities. First, the income may be “sourced” to the United States, as defined in the Internal Revenue Code. Alternatively, the income may be effectively connected to a trade or business within the United States that provides income to the non-U.S. person or entity. The sourcing rules for income of non-U.S. persons and entities depend heavily on the nature of the underlying transaction and the geographical location where certain key elements of the transaction take place. So long as the non-U.S. person or ...


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