Law Commons^™

Valuing Social Data, Amanda Parsons, Salomé Viljoen

Law & Economics Working Papers

Social data production is a unique form of value creation that characterizes informational capitalism. Social data production also presents critical challenges for the various legal regimes that are encountering it. This Article provides legal scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production which is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that companies follow to build up and …

Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll

Law & Economics Working Papers

As the Supreme Court recognized in its 2021 decision in Uzuegbunam v. Preczewski, nominal damages can redress violations of “important, but not easily quantifiable, nonpecuniary rights.” For some plaintiffs who establish a violation of their constitutional rights, nominal damages will be the only relief available. In its 1992 decision in Farrar v. Hobby, however, the Court disparaged the nominal-damages remedy. The case involved the interpretation of federal fee-shifting statutes, which enable prevailing civil rights plaintiffs to recover a reasonable attorney’s fee from the defendant. According to Farrar, a plaintiff can prevail by obtaining the “technical” remedy of nominal damages, but …

Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow

Law & Economics Working Papers

The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …

Roger Williams University School Of Law Library Researchfest 8-30-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Geopolitics Of Outer Space, Francisco Del Canto Viterale

AI Assignment Library

This course uses reading critique as a pedagogical technique for analyzing articles and papers. The main purpose of this assignment is to allow students to learn how to respond critically to source materials, which requires the ability to both summarize and evaluate a presentation of information. In the space domain, where there are many national, corporate, and group interests, the ability to examine and evaluate different perspectives, identify arguments and positions, and form one’s opinion are critical skills. The purpose of this assignment is to help you practice some of these skills that are essential to your success in your …

Balancing Justice And The Planet: Navigating The Path To Sustainable Law Practice, Cardozo Environmental Law Society

2023–2024 Flyers

Professor Dov Greenbaum of Reichman University will be giving a lecture on how a law practice can be climate friendly or not.

John Doe, Appellant / Cross-Appellee, Vs. State Of Utah, Office Of State Debt Collection, Appellee / Cross-Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third District Court, Salt Lake County, from a dismissal of an appeal through a Petition for Judicial Review originating from an informal adjudicative proceeding before the State of Utah's Office of State Debt Collection, and dismissal of a Petition for Extraordinary Relief, Honorable Kent Holmberg presiding

SARAH GOLDBERG, JACOB H.B. FRANKLIN, SEAN D. REYES, Counsel for Appellees

John Doe, Pro Se, Appellant

State Of Utah, Plaintiff/ Appellee V. Spencer Greenway, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Kara Pettit, District Court No. 201901182

Sean Reyes, Counsel for Appellee

Emily Adams, Rachel Phillips Ainscough, Counsel for Appellant

The Sec’S Spac Solution, Karen Woody, Lidia Kurganova

Emory Law Journal Online

The SPAC craze has ebbed and flowed over the past few years, creating fortunes and ruining others. The SEC stepped into the mix in 2022 and proposed rules governing SPACs. The proposed rules artfully balance the interests of investor protection while retaining some of the featured characteristics of SPACs as innovative ways to take companies public. This Article details the history of SPACs, including their benefits and risks, and analyzes the SEC’s proposed rules, arguing that the SEC is well within its Congressional authority to regulate SPACs, and that the proposed rules are both well-tailored and necessary.

Towards A Strengthening Of Non-Interference, Sovereignty, And Human Rights From Foreign Cyber Meddling In Democratic Electoral Processes, Francesco Seatzu, Nicolás Carrillo-Santarelli

Brooklyn Journal of International Law

States have resorted to meddling in the elections of their counterparts throughout history. Recently, though, there has been an exponential increased in the use of the possibilities provided by technology. Attention to this phenomenon has deservedly grown quickly and exponentially. This has led to debates focusing on the adequacy of international legal rules and general principles to respond to foreign cyber election interference. In many of these debates some have expressed doubts and skepticism about the adequacy of current international law to confront foreign election interference through cyber means. There have also been disagreements about the applicable standards to fight …

Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru

Brooklyn Journal of International Law

The exploration of space via manned and unmanned missions has been almost constant since the mid-20th century. With developing technology and the advent of private actors in space travel, the emerging problem of space traffic requires some form of guidelines in order to prevent collisions and continue the peaceful use of space. Space Traffic Management is an emerging field with new theories still being posited. This Note examines the ways in which maritime Collision Regulations (COLREGs) can be used as a guideline to create infrastructure for the control of traffic in space, regarding both satellites and general space debris. This …

Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales

Brooklyn Journal of International Law

Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …

Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro

Brooklyn Journal of International Law

The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …

“Moral Conviction” Plus “Joint Sanctions”: The Judgment-Defaulter Blacklist System In China, Ding Chunyan

Brooklyn Journal of International Law

Although there has been literature generally discussing China’s social credit system, little research carefully examines the nature and logic of the judgment-defaulter blacklist system, from which the broader blacklist system under the social credit system originated. This article reveals that China’s judgment-defaulter blacklist system pragmatically utilizes a strategic combination of “moral conviction” and “joint sanctions” to remedy the failure of the judiciary to perform its duty of judgment enforcement and the ineffectiveness of the legal approaches to enhancing judgment enforcement. The judgment-defaulter blacklist system runs parallel to the existing legal system and will likely impose double punishment on discredited judgment …

A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers

Brooklyn Journal of International Law

Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …

African Courts And International Human Rights Law, John Mukum Mbaku

Brooklyn Journal of International Law

The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …

Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan

Brooklyn Journal of International Law

Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …

Beyond Consumer Protection: Standardized Stablecoins Disclosure As Information Infrastructure, Shuping Li

Brooklyn Journal of International Law

This article argues for standardized disclosure for stablecoins regulation. Information disclosure has long been considered a primary tool for consumer protection. Stablecoin issuers should disclose honestly and responsibly about the qualification of themselves, as well as the value, quantity, and operational mechanism of their stablecoins. Such disclosure can prevent issuers from taking advantage of information asymmetries for consumer exploitation or fraud. It is then up to the consumers to make informed investment or consumption decisions. More importantly, this paper argues that the fundamental role of information disclosure is to form a knowledge base for financial regulation and policymaking. The importance …

A Genocide The World Has Ignored: Holding Governments And The Catholic Church Accountable For Residential And Boarding Schools Through The Icc, K. R. Redhage

Brooklyn Journal of International Law

The United States, Canada, and the Catholic Church committed genocide in an effort to control Indigenous people and steal their land. By various means, over the course of hundreds of years, these extant powers perpetrated this genocide, and the effects continue to be felt in Indigenous communities to this day. The residential and boarding school systems, which were only disbanded in the 1980s, are two examples of tools created by these governments and the Catholic Church, which led to tens of thousands of deaths of indigenous children and robbed many more of their families, culture, language, and traditions. This article …

Analog Analogies: Intel V. Hamidi And The Future Of Trespass To Chattels, Maureen E. Brady, James Y. Stern

Faculty Publications

A symposium on great torts cases of the twenty-first century must include Intel Corp. v. Hamidi, the canonical case about whether unwanted e-mail spam sent to a company’s server could give rise to a trespass to chattels claim. While much has been written about Intel, in this Essay, we argue that Intel is as much of a classic for what it reveals about the old-fashioned tort as it is for its more closely examined ruling on “cybertrespass.” The dueling personal property analogies chosen by the majority and dissenting opinions in Intel reveal basic and fundamental disagreements about what …

The Regulatory Regime Of Mass : Challenges And Prospects, Kaiqi Zhang

World Maritime University Dissertations

No abstract provided.

Liability For Oil Pollution Damage And Recommendations For Response In The Case Of The Non-Spilling Ship In Marine Collision Incidents, Shiwei Wei

World Maritime University Dissertations

No abstract provided.

Class Of 2022 Achieves 93.7% Overall Employment Rate, Benjamin N. Cardozo School Of Law

Cardozo News 2023

The graduates of the Class of 2022 didn't just get post-graduate jobs, they are forging forward in their careers.

Addendum: Transformative Reimagination: A Framework For A Vincentian College Of Business, Krieg Tidemann, Madhurima (Rima) Bhattacharyay, Kris Principe

Journal of Vincentian Social Action

The mission identity and intellectual tradition of Vincentian schools of business affords a unique opportunity for these institutions to produce business leaders prepared to address systemic breakdowns in business ethics and corporate social responsibility. In order to achieve this goal, this paper proposes the HEET (Hire Encourage Equip Train) framework for mission integration. At the heart of the HEET framework is a recognition that successful mission integration requires college-level administrators who promote mission integration throughout the curriculum and center its importance within the strategic operations of the school of business. As every component of HEET centers on developing an industry-leading …

Reexamining The Consent Definition Under Article 213: Sexual Assault And Related Offenses Of The Model Penal Code And Its Troubling Influence On Affirmative Consent Definition States, Samantha Newman

Georgia Criminal Law Review

In the past decade, and in response to criticism surrounding Article 213 Sexual Assault and Related Offenses of the 1962 Model Penal Code (MPC), the American Law Institute (ALI) sought to re-examine these specific provisions. In doing so, the ALI attempted to incorporate a more modern standard of sexual behavior and consent, without making the model code too punitive. Recently in 2022, the ALI approved revisions to Article 213 MPC, referred to in this Article as the “Revised Code,” including the rejection of an affirmative consent definition. This Article argues that despite the noble intentions of revising an outdated code, …

To Hemp In A Handbasket: The Meaning Of “Controlled Substance” Under The Career Offender Enhancement, Jacob Friedman

Georgia Criminal Law Review

Sentencing enhancements can drastically impact prison sentences for people convicted of federal crimes. The career offender enhancement is particularly harmful to a federal criminal defendant because it automatically raises their minimum offense level and criminal history score under the U.S. Sentencing Guidelines, which, although no longer mandatory, are almost always followed by judges in determining actual prison sentences. Since 2016, the career offender enhancement has been applied to almost 8,000 criminal defendants who, at the time of their convictions, had accrued a total of two or more predicate felony convictions, for either a drug offense or a crime of violence …

Punitive Instead Of Rehabilitative: The Role Of Restitution In The Juvenile Justice System And The Need For Reconstruction, Sydney Ford

Georgia Criminal Law Review

The juvenile justice system was founded on the premise of giving specific attention to the needs of youth and rehabilitating them. Over the years, the juvenile justice system evolved to include more rights and protections for youth while still maintaining that their goal was to rehabilitate justice-involved youth. Restitution, one method of disposition, began as a way to continue this rehabilitation-based mission and provide an alternative to incarceration. However, rehabilitation’s disproportionate and punitive application, with a lack of consistency across state lines, does not coincide with rehabilitation anymore. This article argues that restitution does not align with rehabilitation, the core …

Legalize For Legal Highs: How Georgia Can Address Racial Disparities In The Criminal Legal System By Legalizing Recreational Cannabis, Nneka Ewulonu

Georgia Criminal Law Review

Cannabis prohibition is a policy failure that nevertheless continues to impact more than half of Americans, including Georgians. Remaining true to its roots in racism and xenophobia, cannabis criminalization has disparate impacts, with Black Americans being more likely to be arrested or incarcerated for a cannabis related offense. Furthermore, cannabis criminalization results in tens of millions of missed tax dollars for the state. This article argues for a clear policy solution; it is time for Georgia to legalize cannabis. As demonstrated by the 21 states that have legalized recreational cannabis as of Fall 2022, legalizing recreational cannabis creates both economic …

Vol. 65, No. 02 (August 28, 2023)

Indiana Law Annotated

No abstract provided.

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of Final Decision of the Utah State Tax Commission

Erin Middleton, Michelle Lombardi, Bradley C. Johnson, Timothy A. Bodily, Attorneys for Respondent

Samuel A. Lambert, Bruce Olson, Attorneys for Sports Medicine Research and Testing Laboratory