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Articles 361051 - 361080 of 1195106
Full-Text Articles in Entire DC Network
The Ugly Truth About Legal Academia, Meera E. Deo
The Ugly Truth About Legal Academia, Meera E. Deo
Brooklyn Law Review
No abstract provided.
An Unconstitutional Playbook: Why The Ncaa Must Stop Monitoring Student-Athletes' Password-Protected Social Media Content, Brett Barocas
An Unconstitutional Playbook: Why The Ncaa Must Stop Monitoring Student-Athletes' Password-Protected Social Media Content, Brett Barocas
Brooklyn Law Review
No abstract provided.
How Far Is Too Far?: The Proper Framework For Civil Remedies Against Facilitators Of Terrorism, Peter Budoff
How Far Is Too Far?: The Proper Framework For Civil Remedies Against Facilitators Of Terrorism, Peter Budoff
Brooklyn Law Review
No abstract provided.
National Security Whistleblowing Vs. Dodd-Frank Whistleblowing: Finding A Balance And A Mechanism To Encourage National Security Whistleblowers, Stephen Coleman Tily
National Security Whistleblowing Vs. Dodd-Frank Whistleblowing: Finding A Balance And A Mechanism To Encourage National Security Whistleblowers, Stephen Coleman Tily
Brooklyn Law Review
No abstract provided.
Selling Stories Or You Can't Own This: Cultural Property As A Form Of Collateral In A Secured Transaction Under The Model Tribal Secured Transactions Act, Grant Christensen
Selling Stories Or You Can't Own This: Cultural Property As A Form Of Collateral In A Secured Transaction Under The Model Tribal Secured Transactions Act, Grant Christensen
Brooklyn Law Review
No abstract provided.
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight
Brooklyn Law Review
No abstract provided.
(Re)Conceptualizing Insider Trading: United States V. Newman And The Intent To Defraud, J. Kelly Strader
(Re)Conceptualizing Insider Trading: United States V. Newman And The Intent To Defraud, J. Kelly Strader
Brooklyn Law Review
No abstract provided.
Discoverymania: Plausibility Pleading As Misprescription, Fabio Arcila Jr.
Discoverymania: Plausibility Pleading As Misprescription, Fabio Arcila Jr.
Brooklyn Law Review
No abstract provided.
That's A Wrap: Exploring Los Angeles County's Adult Film Condom Requirement, Kevin Shaffer
That's A Wrap: Exploring Los Angeles County's Adult Film Condom Requirement, Kevin Shaffer
Brooklyn Law Review
No abstract provided.
Defining Domain: Higher Education's Battles For Cyberspace, Jacob H. Rooksby
Defining Domain: Higher Education's Battles For Cyberspace, Jacob H. Rooksby
Brooklyn Law Review
No abstract provided.
Recreating The "Ritual Carving": Why Congress Should Fund Independent Redistricting Commissions And End Partisan Gerrymandering, Lillian V. Smith
Recreating The "Ritual Carving": Why Congress Should Fund Independent Redistricting Commissions And End Partisan Gerrymandering, Lillian V. Smith
Brooklyn Law Review
No abstract provided.
A Cyber Age Privacy Doctrine: More Coherent, Less Subjective, And Operational, Amitai Etzioni
A Cyber Age Privacy Doctrine: More Coherent, Less Subjective, And Operational, Amitai Etzioni
Brooklyn Law Review
No abstract provided.
The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Brooklyn Law Review
No abstract provided.
Improving The Federal Procedure For Imposing Recycled Conditions Of Supervised Release, Jonathan R. Myers
Improving The Federal Procedure For Imposing Recycled Conditions Of Supervised Release, Jonathan R. Myers
Brooklyn Law Review
No abstract provided.
An Impaired State Of The Law: Why New York's Approach To Linguistic Minorities And Roadway Safety Is Shortsighted, Shaunak Shah
An Impaired State Of The Law: Why New York's Approach To Linguistic Minorities And Roadway Safety Is Shortsighted, Shaunak Shah
Brooklyn Law Review
No abstract provided.
Lights Out For Puerto Rico's Restructuring Law?: Puerto Rico's Municipal Bankruptcy Dilemma, Michael K. Piacentini
Lights Out For Puerto Rico's Restructuring Law?: Puerto Rico's Municipal Bankruptcy Dilemma, Michael K. Piacentini
Brooklyn Law Review
No abstract provided.
Money Can't Buy You Love: Valuing Contributions By Nonresidential Fathers, Laurie S. Kohn
Money Can't Buy You Love: Valuing Contributions By Nonresidential Fathers, Laurie S. Kohn
Brooklyn Law Review
Family law in the United States reflects and reinforces expectations about how fathers should interact with their children. Those expectations betray the legal system’s valuation of paternal roles in which financial contributions far outweigh other types of caretaking. This differential valuation, though advantageous to the overall wellbeing of some children, negatively affects low-income families, exacerbates cultural and societal pressures that drive men from being engaged parents, and compels mothers who seek paternal engagement to parent alone. As the populations of absent fathers and of fathers who are unable to meet their child support obligations increase, it is worth reevaluating the …
The Liar And The Loophole: Corporate Character Evidence And Impeachment, Geoffrey M. Stannard
The Liar And The Loophole: Corporate Character Evidence And Impeachment, Geoffrey M. Stannard
Brooklyn Law Review
The Federal Rules of Evidence limit the use of propensity character evidence to specific instances, including the impeachment of a witness. The character evidence rules focus textually on individuals, and it is unclear whether they apply to corporations. This note examines whether Rule 404, which prohibits propensity character evidence, and Rule 608, which makes an exception for the purposes of impeachment, apply to corporations. It explores whether corporations can possess character for the purposes of the Rules, examines how corporate vicarious testimony affects impeachment, and investigates whether the rationales for the character evidence rules are applicable to corporations. This note …
Defaulting The Purpose: The Future Of Foreign Sovereign Debt Restructuring In The Wake Of Argentina's Debt Crisis, Alexandria L. Todd
Defaulting The Purpose: The Future Of Foreign Sovereign Debt Restructuring In The Wake Of Argentina's Debt Crisis, Alexandria L. Todd
Brooklyn Law Review
The Second Circuit’s ruling in NML Capital, Ltd. v. Republic of Argentina, a case in which wealthy creditors sued Argentina for the repayment of defaulted debt bonds under New York law, sought to prevent Argentina from paying back creditors that accepted restructured bonds unless it also paid back holdout bondholders equally. This decision was the subject of much criticism and scholarly debate because it was one of the first instances of a court granting specific performance based on a pari passu, or equal footing, clause. While the court hoped that the creative relief would pressure Argentina into paying …
If You Give A Mouse A Cookie, It's Going To Ask For Your Personally Identifiable Information, Julia N. Mehlman
If You Give A Mouse A Cookie, It's Going To Ask For Your Personally Identifiable Information, Julia N. Mehlman
Brooklyn Law Review
The rise of technology and the Internet has made it increasingly difficult for people to maintain anonymity both online and offline. Although many people give out their personal information willingly, others, who do not intend for their personal information to be collected or sold, become unknowing targets of data brokers. This note examines data brokers and how their growing presence positively and negatively impacts our twenty-first century society. The lack of transparency and regulation surrounding the data-collection industry raises concerns about deception and under-the-table practices, which cloud individuals’ judgment about the trustworthiness of companies that buy and sell data. In …
A Derivative In Need: Rescuing U.S. Security-Based Swaps From The Race To The Bottom, Thomas J. Mccartin
A Derivative In Need: Rescuing U.S. Security-Based Swaps From The Race To The Bottom, Thomas J. Mccartin
Brooklyn Law Review
Over the past 30 years, the development and proliferation of new financial instruments has provided investors with fresh and innovative methods to gain exposure to foreign markets, hedge investments, and capitalize on speculation opportunities. These “derivatives” have increased the interconnectedness of investors all over the globe, and in particular, the derivative known as the “security-based swap” has facilitated cross-border investments that were previously impracticable, yet greatly sought after. These financial advancements came at a price, however, and in 2007 and 2008, a lack of regulation over derivatives that led to a global financial crisis and spurred a widespread public desire …
Breaching And Entering: When Data Scraping Should Be A Federal Computer Hacking Crime, Myra F. Din
Breaching And Entering: When Data Scraping Should Be A Federal Computer Hacking Crime, Myra F. Din
Brooklyn Law Review
The Computer Fraud and Abuse Act (CFAA) is a federal statute designed to combat computer hacking. The Act proscribes accessing data without authorization. Federal circuits have interpreted “authorization” both broadly and narrowly, resulting in a circuit split. Whereas the First, Fifth, and Eleventh Circuits have held that misuse of computer access can constitute hacking under the CFAA, the Fourth and Ninth Circuits have held that scrapers must circumvent a code or technical barrier in order to satisfy the CFAA’s mens rea requirement. This note focuses on the conduct of data scrapers. Scrapers are computer programs that aggregate data from various …
Is The Constitution Laissez-Faire?: The Framers, Original Meaning, And The Market, Stephen M. Feldman
Is The Constitution Laissez-Faire?: The Framers, Original Meaning, And The Market, Stephen M. Feldman
Brooklyn Law Review
Numerous scholars, as well as the conservative justices on the Roberts Court, are market fundamentalists. They believe that the United States should have minimal government and a largely unregulated economic marketplace. Often, these same scholars and Justices claim to follow an originalist interpretation of the Constitution. This article examines the historical evidence and concludes that the framers and their contemporaries did not intend to create a laissez-faire political-economic system. The framers were pragmatic realists who sought to construct a stable and workable government system that would mediate the conflict between private passions and interests, on the one side, and public …
Justice Scalia's Hat Trick And The Supreme Court's Flawed Understanding Of Twenty-First Century Arbitration, Jill I. Gross
Justice Scalia's Hat Trick And The Supreme Court's Flawed Understanding Of Twenty-First Century Arbitration, Jill I. Gross
Brooklyn Law Review
The Supreme Court has decided more than two dozen cases—arising primarily from commercial, consumer, employment, and securities disputes—under the Federal Arbitration Act (FAA) since 2000. Those decisions, particularly those interpreting FAA section 2, have contributed to the Court’s modern arbitration jurisprudence, which creates a strong national policy favoring arbitration, enforces agreements to arbitrate against virtually any defense, pushes many individual claims into arbitration against the will of one or more parties, and suppresses other claims, particularly those of small dollar value. Yet those decisions describe the arbitration process as practiced when Congress enacted the FAA in 1925, not the process …
Let's Clear The Air: Regulating Electronic Cigarette Use In New York City, Sarah L. Hernandez
Let's Clear The Air: Regulating Electronic Cigarette Use In New York City, Sarah L. Hernandez
Brooklyn Law Review
On April 29, 2014, New York City passed Local Law 152, which amended the city’s existing antismoking legislation to require users of electronic cigarettes (e-cigarettes) to abide by the same restrictions as traditional cigarette smokers. This note focuses on New York City’s legislation as a useful study on the effective regulation of e-cigarettes within a context of the devices’ uncertain health implications and the complex social dynamics regarding their use. It proposes that if the courts ultimately find Local Law 152 invalid, the New York City Council should fold e-cigarette products and usage within the current legislative definitions of “tobacco …
Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler
Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler
University of Chicago Law Review
No abstract provided.
"Entick V Carrington" And "Boyd V United States": Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein
"Entick V Carrington" And "Boyd V United States": Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein
University of Chicago Law Review
No abstract provided.
The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci
The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci
University of Chicago Law Review
No abstract provided.
"Katz" Has Only One Step: The Irrelevance Of Subjective Expectations, Orin S. Kerr
"Katz" Has Only One Step: The Irrelevance Of Subjective Expectations, Orin S. Kerr
University of Chicago Law Review
No abstract provided.
Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares
Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares
University of Chicago Law Review
No abstract provided.