Law Commons^™

The Role Of “Coordinating Discovery Attorneys” In Multidefendant Federal Criminal Cases, Hannah Silverman

Fordham Law Review

The twenty-first century’s technological revolution has shifted the practice of law, including litigation, from being primarily paper-based to paperless. To manage the increasingly complex organization and review of evidence in civil and criminal cases, attorneys outsource legal tasks, work on teams, and use discovery coordinators. This Note examines the development of court-appointed coordinating discovery attorneys and their role in multidefendant federal criminal trials involving voluminous discovery. With a background in criminal defense and electronic discovery, these lawyers provide hands-on assistance as a way to cut costs, help overburdened and underfunded defense counsel, and improve representation of criminal defendants. In 2014, …

Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq

Journal of Law and Policy

This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …

The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn

Journal of Law and Policy

When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …

Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman

Journal of Law and Policy

As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …

Neglecting Responsibilities: The Uniform Probate Code's Failure To Address Child Maltreatment And Poverty, Joshua Hamlet

Journal of Law and Policy

When a child or adolescent passes away, parents are typically stricken with grief and unable to cope with the devastation. Unfortunately, the emotional toll is not the only challenge parents face. Some are forced to handle legal battles regarding the administration of their deceased child’s estate. Since the majority of children do not have a will, state adoptions of the Uniform Probate Code dictate what happens to the child’s estate during these tragedies. But what happens in the event these parents abused or neglected their child while that child was still living? While the Uniform Probate Code advises that these …

Shoring Up The Hear Act: Proposed Amendments To Federal Legislation Designed To Assist Heirs And Claimants Of Nazi-Looted Art, Alexander Hull

Journal of Law and Policy

From 1933 to 1945, Nazi German forces executed a mass campaign of property confiscation, stealing as many as 600,000 pieces of art, including paintings, tapestries and sculptures from museums and private collections across Europe. It is estimated that some 300,000 pieces of art are still missing or are currently in the possession of someone other than the so-called “true” owner, based on reviews of Nazi documentation conducted by the Jewish Restitution Organization. While Nazi art looting has been regarded as “dehumanizing,” “self-advancing” and concomitant with the Nazi regime’s larger genocidal crusade, restitution in this context has been framed as a …

High Stakes: Throwing A Hail Mary To Congress For A Federal Ban On Sports Betting In College Athletics, Kaitlyn Kallert

Journal of Law and Policy

The Supreme Court’s 2018 decision overruling the Professional and Amateur Sports Protection Act’s (“PASPA”) federal prohibition on sports betting as unconstitutional under the Tenth Amendment has cleared the way for states to legalize sports gambling, which, in turn, has proven a controversial subject. Supporters of state legalization of sports gambling “argue that legalization will generate revenue for states and critically weaken illegal sports betting operations, which are often commissioned by organized crime.” However, as the Supreme Court notes, opponents contend that the legalization of sports betting will expose America’s youth to accessible gambling, “encourage people of modest means to squander …

The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola

Journal of Law and Policy

Executive Order 12898—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—was issued to achieve “environmental protection for all communities” by drawing federal agencies’ attention to the environmental and human health effects brought about by their actions. The National Environmental Policy Act (NEPA) sets forth a detailed process which aims to ensure that each agency will have available, and will consider, a carefully detailed compilation of information concerning significant environmental impacts resulting from federal actions before taking those actions. Realizing the Executive Order’s goal, however, is rendered problematic, in part because of the difficulty in challenging an Environmental …

“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith

Journal of Law and Policy

For over a century, the United States Supreme Court has held, in sum and substance, that students do not “shed their constitutional rights . . . at the schoolhouse gate.” In practice, however, while not shed entirely, many of those rights have been increasingly limited. “Disturbing Schools” Laws subject students to criminal charges for behaving in a distracting or obnoxious manner on campus—behavior which can easily be conceptualized as typical adolescent behavior. Challenges to Disturbing Schools Laws have resulted in opposing outcomes across Circuit Courts. This Note discusses how students may use the Fourth Circuit case Kenny v. Wilson to …

Understanding The (Ir)Relevance Of Shareholder Votes On M&A Deals, Randall S. Thomas, James D. Cox, Tomas J. Mondino

Vanderbilt Law School Faculty Publications

Has corporate law and its bundles of fiduciary obligations become irrelevant? Over the last thirty years, the American public corporation has undergone a profound metamorphosis, transforming itself from a business with dispersed ownership to one whose ownership is highly concentrated in the hands of sophisticated financial institutions. Corporate law has not been immutable to these changes so that current doctrine now accords to a shareholder vote two effects: first, the vote satisfies a statutory mandate that shareholders approve a deal, and second and significantly, the vote insulates the transaction and its actors from any claim of misconduct incident the approved …

Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

Faculty Publications

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs across demographics, …

Hiring Algorithms In The Canadian Private Sector: Examining The Promise Of Greater Workplace Equality, Connor Bildfell

Canadian Journal of Law and Technology

Private-sector employers are increasingly using hiring algorithms as a tool for screening job applicants, comparing qualifications, and ultimately determining which candidates should be selected. Within this context, hiring algorithms make no small promise: a hiring process that is not only more efficient and effective, but also more supportive of workplace equality. This promise rests largely on the notion that traditional human-driven models of hiring are beset by subjective biases and prejudices, whereas hiring algorithms, which are driven by hard data and objective evidence, can eliminate certain human biases and prejudices, thereby promoting workplace equality. But can hiring algorithms deliver on …

Technology, The Changing Nature Of Disputes, And The Future Of Equitable Principles In Canadian Contract Law, Conrad Flaczyk

Canadian Journal of Law and Technology

There are a number of legitimate reasons to be excited about the application of new technologies to make contracting more efficient. Unfortunately, each of those reasons is associated with certain risks for both contractors and contractees. In this article, I argue that an ‘‘equitable” approach to modern contract law — understood by the likes of Larry DiMatteo and others ‘‘not merely as a system of rules, but of rules tempered by standards and principles” — is particularly well suited for counterbalancing some of the undesirable contractual risks introduced by new technologies like blockchain, artificial intelligence, and smart contracts. A historical …

From Decarceration To E-Carceration, Chaz Arnett

Cardozo Law Review

Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to theircommunities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of …

Racial Prejudice In The Criminal Justice System, Tori Cooper

Jessie O'Kelly Freshman Essay Award

Racial prejudice against African Americans has been the leading cause of high incarceration rates amongst the African American community. Within the United States, the census reported that African Americans make up about 17.9 percent of the population, with one-third of the people making up the incarcerated population in America. The disparity in those numbers highlights the current situation that is plaguing the nation. Blatant cases of racial profiling that have received media attention are a true testament of the broken law enforcement system from coast to coast. Racial prejudice cases have affected the black American community since the beginning of …

Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes money laundering techniques used by different criminal organizations operating in the U.S. sex market. Prior to this study, scholars have not investigated money laundering techniques used in the U.S. sex market in a comprehensive manner. This paper describes and categorizes methods used for money laundering. It discusses the similarities and differences in money laundering techniques in the U.S. sex markets. Current challenges to combating money laundering are reviewed and recommendations are made to strengthen the ongoing fight against money laundering in the U.S. sex markets.

The G5 Sahel: An Insufficient Organization For A Failed Region?, Beder Dine El Khou

Graduate Program in International Studies Theses & Dissertations

In the wake of mass kidnapping and terrorist attacks launched by Boko Haram and other extremist groups in the Sahel of West Africa, along with the rise of the Islamic State in Libya that started to have immediate impact on the Sahel’s already problematic situation, five states from the region of Sahel decided to create a coalition in 2014 not only to fight insurgencies rampaging in the area but also to work on the development of the region. With a very small capacity in terms of man power and equipment, the G5 Sahel coalition attempts to achieve what other intervening …

Policing The Painted And Powdered, Anthony Michael Kreis

Cardozo Law Review

Is homophobia also sexism?

This question was the focus ofpioneering scholarship nearly three decades ago and has been the subject ofreignited controversy because of litigation over marriage rights, employment discrimination, educational opportunities, fair housing, religious exemptions, and military service. Even though some courts, federal agencies, and state employment commissions have recognized that sexual orientation and gender identity discrimination are subsets ofsex discrimination, including the landmark Title VII decisions Hively v. Ivy Tech Community College and Zarda v. Altitude Express, academics, judges, andpublic administrators have been unable to articulate a plain theory ofsexual orientation discrimination as sexism. Without a straightforward theory …

Modern Waste Law, Bankruptcy, And Residential Mortgages, Jill M. Fraley

Cardozo Law Review

Around the time of the subprime mortgage collapse, lenders began in earnest to sue borrowers by adapting the traditional law of waste. Today, these claims continue to rise in frequency and to expand to more jurisdictions. Lender waste claims provide a "work around" for state mortgage laws that prohibit personal deficiency judgments after foreclosure and are potentially non-dischargeable in bankruptcy.

While a recent wave of scholarship has addressed the problems of how the bankruptcy system handles mortgages, scholars have not yet explored the use of waste actions by lenders and how waste judgments intersect with bankruptcy and foreclosure. Using new …

Is The Law Of War Changing In The Twenty-First Century?, Waseem Ahmad Qureshi

San Diego International Law Journal

The main purpose of drafting the law of war was to maintain peace and security around the world. That is why the current legal framework prohibits the use of force, except in accordance with the right to self-defence or with United Nations Security Council (UNSC) authorization. Yet, this century has been in a perpetual state of war. In the past, there have been certain deviations from this proscription on the use of force through the introduction of notions like ‘pre-emptive self-defence’ and the ‘responsibility to protect’ (R2P), according to which states could use unilateral force against other states without UNSC …

Fcpa Actions In China And China’S Anti-Bribery Law, Yu Chen

San Diego International Law Journal

In recent decades, the United States Department of Justice (DOJ) has greatly improved its enforcement of the U.S. Foreign Corrupt Practices Act (FCPA). Some of these FCPA enforcement cases involve China. Given China’s prominence as a center of global business, this trend is likely to increase in the foreseeable future.

Section I of this Article briefly reviews the provisions of the FCPA, and recent FCPA enforcement in China. Section II discusses China’s anti- bribery law regime, anti-bribery provisions and agencies enforcing bribery and corruption. Section III focuses on an analysis of FCPA cases involving China, in addition to describing the …

Adapting The Iss Code Of Conduct To Form The Foundation Of Astrolaw, Michelle L.D. Hanlon

San Diego International Law Journal

Three decades ago, Dr. J. Henry Glazer, onetime Chief Counsel for NASA Ames, proposed the establishment of a body of astrolaw. “The direct subjects of Space Law are sovereign nations” he observed. The four widely ratified space treaties contain principles and guidelines designed to govern the activities of State. Conversely, the direct subjects of astrolaw would be natural and legal persons in space. In Dr. Glazer’s view, “astrolaw focuses not upon space as a legal regime, but upon space as a place.” Our evolution into a spacefaring species, with single and then multiple human communities off-Earth, is a human necessity. …

Living Links Connecting The United Nations Sustainable Development Goals: Small-Scale Farmers And Agricultural Biodiversity, Susan H. Bragdon

San Diego International Law Journal

The 17 Sustainable Development Goals (SDGs) and Agenda 2030 adopted by the global community in September 2015 are applicable to all countries with the commitment “that no one is left behind.” As an agenda for “people, planet, prosperity, peace and partnership”, Agenda 2030 provides a vision for people and planet-centered, human rights-based, and gender-sensitive sustainable development. It promises “more peaceful and inclusive societies” which are free from fear and violence.

Small scale farmers and agricultural biodiversity are critical to the achievement of aspects of most of the SDGs. In addition to being essential for the resilience and stability of agricultural …

Fourth- And Fifth-Generation Warfare: Technology And Perceptions, Waseem Ahmad Qureshi

San Diego International Law Journal

The composition of warfare is changing. There is an increasing transformation in the traditional aspects of waging a war: conventional techniques of warfare are in decline and newer tactics and tools of warfare, such as information warfare, asymmetric warfare, media propaganda, and hybrid warfare, are filling the gap, blurring the lines between combatant and noncombatant, and between wartime and peacetime. The basic framework of modern warfare was elaborated by Carl von Clausewitz in his magnus opus On War. He defined modern warfare between states as “a duel on larger scale,” and explained its purpose as “a continuation of politics by …

U.S. Tax Policy In Light Of Globalization And Growing Inequality, Alanna D'Alessandro

San Diego International Law Journal

The Tax Cuts and Jobs Act significantly reformed the system of taxation in the United States by enacting permanent and temporary provisions to the Internal Revenue Code. These provisions encompass changes affecting U.S. individuals and entities, both domestically and internationally. Claiming that the change would “pay for itself,” the Tax Cuts and Jobs Act intends to stimulate the economy. The large tax cuts may have created short-term economic growth; however predictions suggest that in the long-run, the increased spending and the decline in tax revenue will significantly raise the U.S. budget deficit.

Regardless of Congressional intent, the Tax Cuts and …

Pay Her More! How Sex And Motherhood Play A Role In The Unequal Pay Of Women On The World Stage, Raquel S. Zilbeman

San Diego International Law Journal

“[O]vert pay discrimination between women and men” is what typically comes to mind when one thinks about the gender wage gap. While women often ask for “equal pay for equal work,” gender discrimination is only responsible for a small amount of the pay gap. “The gender wage gap is also about choice and opportunity. . . . [It is] rooted in [global] social norms about women[,] family [and motherhood which constantly change and evolve—making it] much harder to solve.” It is grounded in the way our society has evolved over the last one hundred and fifty years, during which more …

Don’T Tip The Melting Pot: A Case Study Of The U.S., U.K., And Denmark’S Use Of Anti-Immigration Laws To Shift Blame For Real Social And Economic Problems To Immigrants And The Economic And Legal Impacts Of Their Use, Nicole Logan

San Diego International Law Journal

This Article consists of four parts that lay the framework and analyze extreme immigration legislation and anti-immigration sentiments in the U.S., U.K., and Denmark. Part I focuses on the history of immigration and anti-immigration sentiments in the three countries. Part II discusses governing laws in the three countries that have received the most attention because of their extreme impact on immigrants. Part III analyzes these laws, focusing on their legal ramifications, discriminatory effects on immigrants, and economic harm. Finally, Part IV explains why these laws reflect an extreme approach to immigration and raise serious legal questions if they are not …

The Regulatory Trajectory Of Synthetic Securitization: A Breakdown Of International Regulatory Environments, Nicolas M. Dillavou

San Diego International Law Journal

The harmful effects on global financial stability that accompanied the 2007-2008 financial crisis (the “crisis”) were largely intensified by loose regulatory practices in the United States’ (U.S.) secondary mortgage market. Accordingly, the harm suffered on a global level warrants a comparative perspective on international securities regulation. This Article will examine several securitization methods in Europe and the U.S. and derive prospective solutions from these existing approaches that have the potential to address undue risks associated with asset-backed securities today.

This Article will initially discuss the history and causes of the subprime mortgage crisis and then discuss the particular difficulties with …

V.56-4, 2019 Masthead

San Diego Law Review

No abstract provided.

Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell

Georgetown Law Faculty Publications and Other Works

This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis …