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Comment: Secondary Effects: The First Amendment And Defective 3d Firearm Files, Liam Casey
Comment: Secondary Effects: The First Amendment And Defective 3d Firearm Files, Liam Casey
Golden Gate University Law Review
Three-dimensional printing brought the factory inside the home, leaving behind traditional government oversight and industry safeguards common to the free market. Anyone in the world with a 3D printer can produce a functional firearm, and most adult citizens in the United States. may do so legally. While 3D printing has demonstrated its utility, novel issues such as commercial liability and broad access to computer code for 3D-printable guns remain in the technology’s legal periphery.
This Comment analyzes Washington v. Defense Distributed, in which the United States Department of State attempted to prevent an online organization, Defense Distributed, from posting …
Comment: Injury-In-Fact: Solving The Federal Circuit Court Split Regarding Constitutional Standing In Data Theft Litigation, Simone Cadoppi
Comment: Injury-In-Fact: Solving The Federal Circuit Court Split Regarding Constitutional Standing In Data Theft Litigation, Simone Cadoppi
Golden Gate University Law Review
This Comment explores the circuit split with regard to standing in data theft cases and proposes a solution for the Supreme Court to adopt. The federal circuits are divided between a more permissive “substantial risk” standard and a more prohibitive “certainly impending” standard. To resolve this split, the Supreme Court should adopt the more permissive substantial risk standard that only requires plaintiffs to show that there exists a substantial risk of future harm stemming from an actual data breach. When establishing constitutional standing, the Supreme Court should only require that plaintiffs establish the occurrence of an actual data breach that …