Law Commons^™

The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse

Brooklyn Journal of Corporate, Financial & Commercial Law

The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions’ competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.

Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey

Brooklyn Journal of Corporate, Financial & Commercial Law

Automobiles have become part of America’s infrastructure. For most people, having access to a car is crucial to their livelihoods and they will take on significant amounts of debt to purchase vehicles. Auto debt is unlike any other consumer debt, both in its structure, which allows creditors to easily seize collateral, and in its lack of regulation. The unique and lucrative nature of auto debt has not gone unnoticed by lenders or by companies leveraging fintech to offer people new ways to purchase cars and car loans. This Article assesses the evolving marketplace for auto sales, leasing, and loans to …

Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger

Brooklyn Journal of Corporate, Financial & Commercial Law

Two competing visions dominate the fields of antitrust and consumer protection: neo-liberal and progressive. The neo-classical approach is associated with Robert Bork and the Law and Economics Movement. The progressive strand is older, identified with Brandeis and early 20th Century social reform. As a matter of chronology the Brandeisian view dominated into the 1970s, but from 1980, until recently, the Borkian law and economics approach has been in ascendancy in Congress, the academy, and in the courts. Technological change and events in the broader economy have caused the politics and the academic focus to shift. The financial crisis of 2008-09 …

The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff

Brooklyn Journal of Corporate, Financial & Commercial Law

Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on …

Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano

Brooklyn Journal of Corporate, Financial & Commercial Law

The rapid rise of “big data” has transformed the way that professional investors make investment decisions. In addition, the intersection of the United States federal securities laws and the use of “big data” to inform securities trading lies in uncharted waters. The nuanced and factually-dependent securities laws are far behind industry practices, and the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have remained largely silent on the issue to date. This Note argues that this combination of murky laws and rapidly evolving business practices gives rise to legal and regulatory risk, and that investment managers leveraging …

A History Of Consumer Class Actions In State Courts, Anne Fleming

Brooklyn Journal of Corporate, Financial & Commercial Law

Most historians date the “modern” class action to the 1966 amendments to the Federal Rules of Civil Procedure. Yet, the class action or “representative suit” has a longer, unexplored history in the state courts. In the late 1930s and 1940s, a group of scrappy, first-generation lawyers tried to build their businesses by aggregating the small-sum claims of many consumers. The defendants in these cases were, for example, lenders who failed to comply with the technicalities of state disclosure mandates, and utility companies that charged consumers extra fees. Each consumer’s claim was small, but, as a group, the claims could yield …

Arbitration (Tahkim) And Reconciliation (Sulh) In Islam As Alternative Dispute Resolution Mechanisms, Saidilyos Khakimov

The Light of Islam

The main reason behind this work is to illustrate the current need for Islamic alternative dispute resolution methods and offer analysis to show the benefts of their applications. There has been a vivid rise in ADRs’ recognition globally as a substitute for litigation and related issues that would be better if addressed with an Islamic perspective. The wide usage of the term has been intensifed uninterruptedly after the second half of the 20th century. This paper intends to introduce a 1,5-centuryyear-old background of legally institutionalized arbitration
(Tahkim) and reconciliation (Sulh), Islamic means or ways of alternative dispute resolution. I will …

December 29, 2020: What Democrats Can Learn From Trump's Narrow Loss, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Democrats Can Learn From Trump's Narrow Loss“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Cardozo Law News Brief: December 29, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Samuel Weinstein
• Richard Weisberg
• Rebecca Ingber
• Lela Love
• Gabor Rona

Campus News:

• Cardozo Introduces Gates Scholars Program

Events:

• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

Dialogue As Being With: An Antitoxin To Hate And Intolerance, Tony Osborne

Journal of Hate Studies

As the social and political landscape becomes more fearful, intolerant, and self-centered, the concept of dialogue offers a different path, a constructive way of approaching alien ideas and beliefs. Understanding the principles of true dialogue is the most effective way to foster inner and outer harmony, broaden one’s horizons, and check aggressive, intolerant impulses. Dialogue’s roots are ancient, related to a method of argument called dialectic. It is a special partnership based on mutual respect and humility. Dialogue isn’t easy to engender. It requires four pre-conditions: 1) non-empirically verifiable topic; 2) two-way flow; 3) fairness; and 4) willingness to risk …

New York State's Congressional Delegation May Lose Two Members, Jeffrey M. Wice

Redistricting Resources

According to a new report released on December 22, 2020 by Election Data Services, Inc. (EDS), New York State could lose up to two congressional districts after the official state population totals are announced in January. This article explores this possibility through 2020 Census data estimates.

Mandating Covid-19 Vaccines, Lawrence O. Gostin, Daniel A. Salmon, Heidi J. Larson

Georgetown Law Faculty Publications and Other Works

Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) vaccines hold promise to control the pandemic, and help restore normal social and economic life. The Food and Drug Administration (FDA) has granted emergency use authorization (EUA) for 2 mRNA vaccines and will likely issue full biologics licenses in the coming months. Anticipating vaccine scarcity, the Advisory Committee on Immunization Practice (ACIP) published guidance on vaccine priorities.

Data show 95% efficacy for vaccines granted an EUA, but even highly effective vaccines cannot curb the pandemic without high population coverage and maintenance of other mitigation strategies. Recent data from 1,676 adults surveyed November 30-December …

Anti-Lgbtq Hate: An Analysis Of Situational Variables, Jill Kehoe

Journal of Hate Studies

The current study aimed to augment the scant body of literature on anti-LGBTQ hate by providing an in-depth examination of anti-LGBTQ hate incident situational characteristics including offender substance use, number of offenders, crime location, and victim-offender relationship. Analysis of situational dynamic variables provided support for the notion that anti-LGBTQ hate is a distinct type of criminal incident. Significantly increased levels of offender substance use, crimes perpetrated by multiple offenders, crimes perpetrated by acquaintances, and crimes taking place in open spaces substantiates the theory that anti-LGBTQ hate is qualitatively unique, typified by different characteristics than other forms of crime. The data …

Taking Profound Offence Seriously: Freedom Of Speech V. Human Dignity, Raphael Cohen-Almagor

Journal of Hate Studies

This study discusses the issue of offence to sensibilities as possible grounds for limiting freedom of expression. This issue is constantly brought to the public agenda, as for example, in the limitation imposed in Israel on the playing of Richard Wagner’s music by Israeli orchestras. The proposed thesis is as follows: The Offence to Sensibilities Argument will take precedence over free expression only in cases where profound and direct damage is inflicted upon the sensibilities of individuals or a target group, undermining their dignity, especially when the speaker’s intentions are to offend the target individual/group under circumstances in which the …

Unique Characteristics Of Bias Crimes Committed By Males Or Females In The United States, Rebecca Stotzer, Meripa T. Godinet, Janet T. Davidson

Journal of Hate Studies

Despite increased research on women’s criminal offending patterns, research on women’s involvement in bias crimes is almost nonexistent. This study examines bias crime incidences that are considered crimes against persons (e.g., assault, murder, robbery, sexual assault) collected in the National Incidence-based Reporting System from 2009–2012 to determine what features characterize crimes committed by men or women. Results indicate that female bias crime suspects choose different victims than male suspects; female suspects are more likely than men to target friends and family members, more likely to target other women, and more frequently commit crimes based on race/ethnicity/national origin than religion or …

The Historical Facts About Hate Crime In America The Social Worker’S Role In Victim Recovery And Community Restoration, Mitchell A. Kaplan, Marian M. Inguanzo

Journal of Hate Studies

Attitudes and belief systems associated with social intolerance and racial bigotry have been part of American society for generations. Analysis of historical records reveals a number of examples of how these social forces have shaped society’s reaction to those they consider to be not part of the mainstream culture. A review of research documented in the literature on social psychology indicates that individuals who hold strong prejudicial beliefs about others based solely on race, religion, sexual orientation, or ancestry often express those feelings in ways that lead to the commission of criminal acts known as hate crimes. The proliferation of …

Hateful Emotional Responses Scale (Haters): Development And Initial Evaluation, Loren L. Toussaint, Michael Barry, Marcus Enomoto, Wyatt Anians, Kacy Rodamaker, Alahna Keil, Maxwell Meier

Journal of Hate Studies

The present investigation consists of two studies designed to provide a preliminary examination of a new scale for measuring hateful emotional responses to being hurt by an offender. Study 1 involved definition of hateful emotional responses, item development, analysis of internal consistency, and convergent and incremental validity. The scale was evaluated in a sample of 33 young (M = 26) college and community adults. A five-item hateful emotional responses scale was developed and psychometric properties of the scale were encouraging. Study 2 involved using the five-item scale developed and evaluated in Study 1 and examining factorial validity and sensitivity to …

Unity Starts With U: A Case Study Of A Counter-Hate Campaign Through The Use Of Social Media Platforms, Candace Leung, Richard Frank

Journal of Hate Studies

Hate has been a growing concern with hate-groups and individuals using the Internet, or more specifically, social media platforms, to globalize hate. Since these social media platforms can connect users around the world, hate-organizations are using these connections as opportunities to recruit candidates and spread their propaganda. Without opposing views, these extreme viewpoints can establish themselves as legitimate and then be used to incite hate in individuals. Thus, these extreme viewpoints must be countered by similar messages to discourage this online hate, and one such way is to use the same platforms through grassroots movements. This paper presents a case …

22-1, 2020 Masthead

San Diego International Law Journal

No abstract provided.

China’S Bri In Central Eastern European Countries: “17+1” Connectivity, Divisiveness, Or Pathway To Eu-China Fta?, Ronald C. Brown

San Diego International Law Journal

China’s Belt and Road Initiative (BRI) continues to embrace and connect China with European Union (EU) Member countries; the latest in 2019 with Italy, a G-7 member, also joining. EU members participating in the BRI include Poland, Greece, Italy, Hungary, Czechoslovakia, Croatia, Bulgaria, Latvia, Portugal, Romania, and Slovakia. While Germany and France lead the EU in trade and investment with China, political winds may be blowing. The EU has noticed that the seventeen Central and Eastern European countries (CEEC) under the “17+1” format, a majority of which are EU members, are capturing greater amounts of Chinese trade under their BRI …

The Costs Of Squadding Up: Determining The Employment Status Of High-Profile Esports Streamers, Chandler Martin

San Diego International Law Journal

This Comment focuses on the employment relationship of esports competitors signed to high profile teams. Specifically, players who are signed to an esports clan and stream their content live. Section II provides general background about esports, focusing on its rise and structure. This section also outlines some additional, common issues facing players. Next, it looks at South Korea’s esports industry and the steps their government has taken to protect esports players. Lastly, the section concludes with a rationale on why further analysis into the employment status of content creators signed to a clan adds to the existing literature.

Section III …

Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu

Washington International Law Journal

Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the trajectory of …

Enforcing U.S. Foreign Policy By Imposing Unilateral Secondary Sanctions: Is Might Right In Public International Law?, Patrick C.R. Terry

Washington International Law Journal

Following the United States’ unilateral withdrawal from the agreement between the five permanent UN Security Council members, the European Union, Germany, and Iran, that intends to stop Iran from acquiring nuclear weapons, the United States has re-imposed and tightened its sanctions against Iran. The United States’ renunciation of the agreement, despite the agreement’s UN Security Council approval and verified Iranian compliance, arguably violated international law. Nevertheless, the United States is attempting to compel the other state parties (and others) to follow its policy on Iran by threatening those states’ companies and business executives with economic or even criminal sanctions to …

The "People's Total War On Covid-19": Urban Pandemic Management Through (Non-)Law In Wuhan, China, Philipp Renninger

Washington International Law Journal

Although COVID-19 was first detected in the People’s Republic of China, the pandemic now appears contained there. Western and Chinese media attribute this apparent success to the central level of the Chinese state and the Communist Party. However, this article reveals that local entities provided critical contributions to China’s COVID-19 management, particularly in the pandemic’s first epicenter: Wuhan city in Hubei province. Chinese cities like Wuhan can fight public health emergencies through legal and nonlegal instruments. Although Wuhan had prepared for possible pandemics, its existing plans, institutions, and warning systems initially failed against COVID-19. The city did not contain the …

Legal Complications Of Repatriation At The British Museum, Hannah R. Godwin

Washington International Law Journal

The British Museum has been the target of criticism around the world for its failure to repatriate controversial cultural property to their respective countries of origin. In 1753, a private collector left his collection to Great Britain if it agreed to build a public museum and designate a Board of Trustees whose duty was to protect the collection for the public. Statutorily incorporating the collector’s intent, Parliament passed legislation binding the Board of Trustees to abide by certain principles, including preserving the collection and prohibiting disposal of objects, except in very few circumstances. As such, the Museum is administrated through …

Popular Sovereignty And The Doctrine Of Plenary State Legislative Power, Nina Neff

William & Mary Law Review Online

Unlike the federal legislature, state legislatures possess plenary power, except insofar as they are limited by state constitutions. Though state plenary power is rooted in the legal authority of popular sovereignty, the doctrine of plenary state legislative power dulls democratic power by eliminating a potential right to local self-governance and by inducing courts to underenforce constitutional limits on state legislatures. These trends do not square with our democratic intuitions or with our desire to have a sense of efficacy, energy, and power in our own ability to influence the laws of our communities. This Article suggests that the doctrine of …

Cardozo Introduces Gates Scholars Program To Support Students From Underrepresented Backgrounds, Benjamin N. Cardozo School Of Law

Cardozo News 2020

Cardozo Law announced a new initiative called the E. Nathaniel Gates Scholars Program to support students from underrepresented backgrounds throughout their law school years.

Kim Hayes And Nancy Hayes, Appellants V. Intermountain Geoenvironmental Services, Inc.: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

the Utah Court of Appeals Damian C. Smith TechLaw Ventures, PLLC 290 W. Mayflower Way Lehi, Utah 84043 Attorney for Petitioner Cameron B. Diehl (13197) UTAH LEAGUE OF CITIES AND TOWNS 50 South 600 East, Suite 150 Salt Lake City, Utah 84102 Attorney for Amicus Curiae Anna Nelson Morgan, Minnock, Rice

Damian C. Smith TechLaw Ventures, PLLC Attorney for Petitioner

Anna Nelson Morgan, Minnock, Rice & Miner, Attorneys for Respondent Cameron B. Diehl UTAH LEAGUE OF CITIES AND TOWNS Attorney for Amicus Curiae Gary R. Crane (5054) Steven L. Garside ( 4323) J. Mason Kjar (14227) LAYTON CITY ATTORNEY Attorney …

Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv

Washington International Law Journal

There has been an increased global use of private military contractors (PMCs) since the large-scale American use of them in the wars in Afghanistan and Iraq. This has included an increase in Russian and now Chinese PMCs. As China continues to develop its Belt and Road Initiative (BRI), it is likely that the world will see an increase in the number of Chinese PMCs used to protect these projects. In this event it is important to bring Chinese PMCs into the PMC industry’s most effective private regulatory bodies, as these bodies are often more effective at ensuring ethical PMC conduct …