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Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward Janger Oct 2023

Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward Janger

Faculty Scholarship

No abstract provided.


The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose May 2021

The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose

Brooklyn Journal of Corporate, Financial & Commercial Law

The internet has transformed into a museum of personal information collected through the digital footprint we leave behind after each act performed on the web. Businesses have monetized this collection of personal data in various ways. For instance, many companies analyze this information through predicting analytics and data profiling to identify consumer interests that they can exploit as a means to generate revenue. Though user data promotes many benefits for businesses and consumers alike, the recent data breaches of massive companies, coupled with hazy privacy disclosures that beget consent disputes, have left both users and businesses perturbed and exposed to …


Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger Dec 2020

Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger

Brooklyn Journal of Corporate, Financial & Commercial Law

Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are …


In Defense Of Brandenburg: The Aclu And Incitement Doctrine In 1919, 1969, And 2019, Emerson J. Sykes Dec 2019

In Defense Of Brandenburg: The Aclu And Incitement Doctrine In 1919, 1969, And 2019, Emerson J. Sykes

Brooklyn Law Review

In the United States, full-throated advocacy—even advocacy of violence—is protected by the First Amendment of the Constitution. Few other countries define “incitement to violence” as narrowly, and governments tend to exploit any authority to regulate speech. The ACLU has played a central role in developing America’s speech-protective modern incitement doctrine over the last century, sometimes by representing clients with abhorrent views, including in the landmark Brandenburg v. Ohio. The Brandenburg test sets a high bar for incitement that should be maintained, even with respect to online speech. Calls for increased regulation of speech should not be heeded.


Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams Jun 2019

Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams

Brooklyn Law Review

Domestic violence is a national crisis impacting more than one in three women and one in four men. Abuse is often experienced in nonviolent forms, including emotional, verbal and economic abuse. This note focuses on the harms of economic abuse and, specifically, coerced debt. As society’s understanding of the nuances of domestic violence deepens, many states, including New York, have recognized economic abuse as a unique harm and have empowered family courts to adjudicate such abuse. While promising, many states have yet to devise a suitable remedy for such harm. This critical gap leaves far too many survivors of abuse …


The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny Oct 2018

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …


Regulating The “Too Big To Jail” Financial Institutions, Jerry W. Markham Jan 2018

Regulating The “Too Big To Jail” Financial Institutions, Jerry W. Markham

Brooklyn Law Review

This article addresses the “too big to jail” regulatory model in which large banks pay hundreds of billions of dollars to settle multiple and duplicative regulatory charges brought by a horde of state, federal, and even foreign regulators. The banks pay those massive settlements in order to keep their banking charters and to obtain immunity from prosecution for senior executives. In turn, regulators benefit from the headlines these fines generate. Much criticism has been directed at these settlements because the banks are allowed to continue business as usual and no senior executives are jailed. Other critics contend that these settlements …


Reconceptualizing The Whistleblower's Dilemma, Miriam Baer Jun 2017

Reconceptualizing The Whistleblower's Dilemma, Miriam Baer

Faculty Scholarship

No abstract provided.


Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone Jan 2016

Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone

Faculty Scholarship

No abstract provided.


Is Strict Liability The Answer In The Battle Against Foreign Corporate Bribery?, Lena E. Smith Jan 2014

Is Strict Liability The Answer In The Battle Against Foreign Corporate Bribery?, Lena E. Smith

Brooklyn Law Review

No abstract provided.


Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke Jan 2014

Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, David J. Reiss, Bradley T. Borden Mar 2013

Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, David J. Reiss, Bradley T. Borden

Faculty Scholarship

No abstract provided.


Righting Others' Wrongs: A Critical Look At Clawbacks In Madoff-Type Ponzi Schemes And Other Frauds, Amy Sepinwall Jan 2012

Righting Others' Wrongs: A Critical Look At Clawbacks In Madoff-Type Ponzi Schemes And Other Frauds, Amy Sepinwall

Brooklyn Law Review

No abstract provided.


The Abraham L. Pomerantz Lecture: Don't Blink: Snap Decisions And Securities Regulation, Frank Partnoy Jan 2011

The Abraham L. Pomerantz Lecture: Don't Blink: Snap Decisions And Securities Regulation, Frank Partnoy

Brooklyn Law Review

No abstract provided.


Corporate Corruption & The New Gold Mine: How The Dodd-Frank Act Overincentivizes Whistleblowing, Jenny Lee Jan 2011

Corporate Corruption & The New Gold Mine: How The Dodd-Frank Act Overincentivizes Whistleblowing, Jenny Lee

Brooklyn Law Review

No abstract provided.


A Proposal For Calculating Reimbursed Victims Of Financial Identity Theft Under The Federal Sentencing Guidelines, Roy Michael Anderson Jan 2011

A Proposal For Calculating Reimbursed Victims Of Financial Identity Theft Under The Federal Sentencing Guidelines, Roy Michael Anderson

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Potential Litigation Against Auditors For Negligence, Thomas C. Pearson Jan 2011

Potential Litigation Against Auditors For Negligence, Thomas C. Pearson

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Governing Corporate Compliance, Miriam H. Baer Sep 2009

Governing Corporate Compliance, Miriam H. Baer

Faculty Scholarship

No abstract provided.


Other People's Money: Drawing The Constitutional Line Between The Right To Counsel And Constraints On Obstructive Fee Advancement In The Wake Of United States V. Stein, Jonathan Bashi Jan 2008

Other People's Money: Drawing The Constitutional Line Between The Right To Counsel And Constraints On Obstructive Fee Advancement In The Wake Of United States V. Stein, Jonathan Bashi

Brooklyn Law Review

No abstract provided.


Are Leveraged Buyouts A Form Of Governance Arbitrage?, Dale A. Oesterle Jan 2008

Are Leveraged Buyouts A Form Of Governance Arbitrage?, Dale A. Oesterle

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


A Social Defense Of Sarbanes-Oxley, James A. Fanto Jan 2007

A Social Defense Of Sarbanes-Oxley, James A. Fanto

Faculty Scholarship

No abstract provided.


A Social Defense Of Sarbanes-Oxley, James A. Fanto Jan 2007

A Social Defense Of Sarbanes-Oxley, James A. Fanto

Faculty Scholarship

No abstract provided.


Proportionality As A Principle Of Limited Government, Alice Ristroph Nov 2005

Proportionality As A Principle Of Limited Government, Alice Ristroph

Faculty Scholarship

No abstract provided.


Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel Jan 2005

Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


There Ought To Be A Law: The Disclosure Focus Of Recent Legislative Proposals For Nonprofit Reform, Dana Brakman Reiser Jan 2005

There Ought To Be A Law: The Disclosure Focus Of Recent Legislative Proposals For Nonprofit Reform, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel Nov 2004

Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel Apr 2004

The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel Apr 2004

The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser Jan 2004

Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


The Investor Confidence Game, Lynn A. Stout Dec 2002

The Investor Confidence Game, Lynn A. Stout

Brooklyn Law Review

No abstract provided.