Duke Law
University of Kashmir
University of Florida Levin College of Law
California Western School of Law
Loyola Law School
Boston University School of Law
Digital Age Samaritans,
2021
University of Houston Law Center
Digital Age Samaritans, Zachary D. Kaufman
Boston College Law Review
Modern technology enables people to view, document, and share evidence of crimes contemporaneously or soon after commission. Electronic transmission of this material—including through social media and mobile devices—raises legal, moral, and practical questions about spectators’ responsibilities. In the digital age, will these actors be bystanders or upstanders? What role can and should the law play in shaping their behavior?
This Article argues that certain witnesses who are not physically present at the scene of a crime should be held criminally accountable for failing to report specified violent offenses of which they are aware. Focusing on rape, police brutality ...
The Internet And The Hobbs Act: What’S The Connection?,
2021
Boston College Law School
The Internet And The Hobbs Act: What’S The Connection?, Lucas G. Spremulli
Boston College Law Review
The Hobbs Act provides a federal alternative to traditional state robbery charges by criminalizing any robbery that affects interstate commerce. Courts have interpreted the Hobbs Act’s commerce element broadly, by requiring the government to demonstrate that a robbery had a de minimis effect on interstate commerce. With this standard, robberies of businesses generally satisfy the statute’s commerce element, but robberies of individuals often do not. This difference between a state and a federal robbery charge is significant, because the Hobbs Act generally carries substantially harsher penal sentences. This Note examines when the use of the internet in the ...
Bipa: What Does It Stand For?,
2021
Chicago-Kent College of Law
Bipa: What Does It Stand For?, Paige Smith
Chicago-Kent Law Review
No abstract provided.
The Crypto Quandary: Is Bankruptcy Ready?,
2021
Northwestern Pritzker School of Law
The Crypto Quandary: Is Bankruptcy Ready?, Megan Mcdermott
Northwestern University Law Review
As the United States grapples with how best to manage a global pandemic, bankruptcy courts are bracing for the inevitable fallout from COVID-19. As we saw in the wake of the 2008 financial crisis, hard- hit businesses will need to reorganize to adjust to new conditions, while out- of-work consumers will need debt relief options. But there will be a new twist for this impending wave of bankruptcies: how should bankruptcy courts deal with crypto assets like Bitcoin? This Essay argues that the rise of cryptocurrency investments over the last decade poses serious complications for the next round of consumer ...
When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants,
2021
Pepperdine University
When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes
Pepperdine Dispute Resolution Law Journal
According to the 2017 Justice Gap Report conducted by Congress’s non-profit Legal Services Corporation (LSC), eighty-six percent of civil legal issues involving low-income Americans received scant or no legal assistance. The number of unrepresented (“pro se”) litigants continues to rise, with low-income Americans constituting a significant portion of this population. Due to the inefficiency of socioeconomically challenged litigants appearing pro se, this article proposes implementing Utah’s court-mandated Online Dispute Resolution (ODR) program as a solution nation-wide. Utah’s ODR program for small claims is revolutionary because it is the first ODR system able to handle an entire dispute ...
The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V.,
2021
Boston College Law School
The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg
Boston College Law Review
In 2020, in U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled “generic.com,” as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that this ruling would limit competition. He claimed that allowing Booking.com to trademark its brand name, which contains terms that competitors use to describe similar business activities, would essentially be giving it a monopoly. This Comment supports the majority’s decision, as ...
Administrative Law In The Automated State,
2021
University of Pennsylvania Law School
Administrative Law In The Automated State, Cary Coglianese
Faculty Scholarship at Penn Law
In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...
Regulations For Smart Mobility: Proceed With Caution,
2021
Southern Methodist University, Dedman School of Law
Regulations For Smart Mobility: Proceed With Caution, Connor Saenz
Science and Technology Law Review
No abstract provided.
Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality,
2021
Southern Methodist University, Dedman School of Law
Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider
Science and Technology Law Review
No abstract provided.
Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations,
2021
Southern Methodist University, Dedman School of Law
Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung
Science and Technology Law Review
No abstract provided.
The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States,
2021
Southern Methodist University
The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz
Science and Technology Law Review
No abstract provided.
Driverless Cars And Resource Allocation,
2021
J. Daniel Clark Attorney at Law
Driverless Cars And Resource Allocation, Jeff Daniel Clark
Science and Technology Law Review
No abstract provided.
Front Matter,
2021
Southern Methodist University
Sharing More Than You Thought: Facebook Cannot Assert The Party Exception To Avoid Liability Under The Wiretap Act,
2021
Boston College Law School
Sharing More Than You Thought: Facebook Cannot Assert The Party Exception To Avoid Liability Under The Wiretap Act, Emily A. Jordan
Boston College Law Review
On April 9, 2020, the United States Court of Appeals for the Ninth Circuit, in Davis v. Facebook, Inc. (In re Facebook), held that unauthorized third parties receiving simultaneous, direct copies of a party’s communication do not fall within the scope of the Party Exception of the Wiretap Act, 18 U.S.C. § 2510–2523. In doing so, the Ninth Circuit, based its holding on the legislative history and purpose of the Wiretap Act and reasoned that the Party Exception requires a narrow construction. Further, it held that to interpret the exception as inclusive of actors like Facebook risks ...
Bitcoin Searches And Preserving The Third-Party Doctrine,
2021
St. Mary's University School of Law
Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez
St. Mary's Law Journal
Abstract forthcoming.
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online,
2021
St. Mary's University School of Law
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
St. Mary's Law Journal
Abstract forthcoming.
Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020),
2021
DePaul University College of Law
Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World,
2021
DePaul University College of Law
Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Nflpo: The Nfl's Private Patent Office,
2021
DePaul University College of Law
The Nflpo: The Nfl's Private Patent Office, Paul Fina
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Ex Ante Intellectual Property Considerations For Small Businesses,
2021
DePaul University College of Law
Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
