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A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad 2023 Seattle University School of Law

A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad

Seattle Journal of Technology, Environmental & Innovation Law

A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …


Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues 2023 Roger Williams University School of Law

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


Expect More From The Everything Store, Ashlyn McCall 2023 Texas A&M University School of Law (Student)

Expect More From The Everything Store, Ashlyn Mccall

Texas A&M Journal of Property Law

For years, Amazon, a widely known and popular e-commerce enterprise and online marketplace, has provided consumers with a stress-free, simple approach to online shopping. The company offers customers the option to order products online or on an app and have them delivered directly to their door in no time at all. For years, Amazon has allowed third-party vendors access to its site for marketing and selling products to consumers.
In recent years, instances have arisen where defective products sold on Amazon by third-party vendors have led to the injury of consumers. Often, the third-party vendors are suspicious entities who are …


Private Environmental Nudges, Anthony Moffa 2023 Penn State Dickinson Law

Private Environmental Nudges, Anthony Moffa

Dickinson Law Review (2017-Present)

A few years ago, before the onset of a global pandemic, I noticed that my preferred Portland, ME coffee shop—Tandem Coffee Roasters—implemented a new policy. Upon ordering a beverage, the barista asked if I brought my own mug. They informed me that, if had I not, I could purchase a paper, disposable vessel from the shop for twenty-five cents. Some might (understandably) ask, “Does coffee not come in a cup anymore?” The shop implemented what this paper dubs a “private environmental nudge,” a subset of policies that define private environmental governance (PEG)—the actions taken by nongovernmental entities to achieve traditional …


Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School of Law 2023 Roger Williams University

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Do Not Touch My Data: Exploring A Disclosure-Based Framework To Address Data Access, Francis Morency 2023 Washington and Lee University School of Law

Do Not Touch My Data: Exploring A Disclosure-Based Framework To Address Data Access, Francis Morency

Washington and Lee Journal of Civil Rights and Social Justice

Companies have too much control over people’s information. In the data marketplace, companies package and sell individuals’ data, and these individuals have little to no bargaining power over the process. Companies may freely buy and sell people’s data in the private sector for targeted marketing and behavior manipulation. In the justice system, an unchecked data marketplace leaves black and brown communities vulnerable to serious data access issues caused by predictive sentencing, for example. Risk assessment algorithms in predictive sentencing rely on data on individuals and run all relevant data points to provide the likelihood that a defendant will recidivate low …


The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, MaKenna Hardy, Madison Maloney 2023 Brigham Young University

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.


A Rising Tide: An Argument For Requiring Municipal Liability Insurance For Public Utility Services In Arkansas, Christopher Brown 2023 University of Arkansas, Fayetteville

A Rising Tide: An Argument For Requiring Municipal Liability Insurance For Public Utility Services In Arkansas, Christopher Brown

Arkansas Law Notes

Municipalities can contribute to sanitary sewer overflows through negligent maintenance, poor design, intrusion on sewer lines, and failure to replace aging sewer systems.Throughout the United States, an aging wastewater system is currently failing and is expected to degrade further, which contributes to sewage backups into residences. Arkansas is one of two states in the United States that prevents a resident from recovering damages from an overflow due to the negligent design or maintenance of sewage utilities by a municipality via statute. This Comment argues for a “middle ground” solution, whereby Arkansas municipalities should be required to obtain liability insurance sufficient …


Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu 2023 DePaul University College of Law

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.


The Kinder, Gentler Irs? Where?, Harvey Gilmore 2023 University of Hartford

The Kinder, Gentler Irs? Where?, Harvey Gilmore

DePaul Business & Commercial Law Journal

No abstract provided.


Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham 2023 Corporate Counsel, Data Axle

Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham

DePaul Business & Commercial Law Journal

No abstract provided.


Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy 2023 South Texas College of Law Houston

Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy

University of Richmond Law Review

Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long lurked in the shadows of the nation’s partnership formation caselaw. This Article tells the story of those undead cases—describing them, debunking them, and plotting their demise.

This zombie tale begins with the supposed black-letter law of partnership formation. In nearly every state, formation of a general partnership is governed by one of two uniform partnership acts. Under both acts, a business relationship ripens into a partnership whenever the statutory definition of partnership is satisfied. The parties’ intent to become “partners” (or not) is …


Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett 2023 University of Richmond School of Law

Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett

University of Richmond Law Review

Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …


Fair Warnings From Ofac’S Settlements With Cryptocurrency Service Providers: Compliance Should Include Lifetime-Of-The-Relationship, In-Process Geolocational Checks, Sarah Jane Hughes 2023 Indiana University Maurer School of Law

Fair Warnings From Ofac’S Settlements With Cryptocurrency Service Providers: Compliance Should Include Lifetime-Of-The-Relationship, In-Process Geolocational Checks, Sarah Jane Hughes

Articles by Maurer Faculty

In 2022, the Office of Foreign Assets Control (OFAC) announced numerous settlements with cryptocurrency exchanges. These settlements serve as “fair warnings” to all cryptocurrency service providers who are “U.S. persons” or who offer services to U.S. persons. The term “U.S. persons” is defined in 31 C.F.R. §560.314 as “any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.”

This article focuses on these “fair warnings” as they have accumulated from prior settlements and from OFAC’s published guidance …


Combating The Racial Wealth Gap: A Government And Corporate-Centric Approach, Brandon Mickelsen 2023 University of St. Thomas, Minnesota

Combating The Racial Wealth Gap: A Government And Corporate-Centric Approach, Brandon Mickelsen

University of St. Thomas Law Journal

No abstract provided.


Justice Brandeis' Dilemma Revisited: The Privileged Position Of Corporate Power In American Democracy, David Schultz 2023 University of St. Thomas, Minnesota

Justice Brandeis' Dilemma Revisited: The Privileged Position Of Corporate Power In American Democracy, David Schultz

University of St. Thomas Law Journal

No abstract provided.


Recreating The Regulatory State - Internationally, Erik Loomis 2023 University of St. Thomas, Minnesota

Recreating The Regulatory State - Internationally, Erik Loomis

University of St. Thomas Law Journal

No abstract provided.


The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes 2023 DePaul University

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.


Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo 2023 DePaul University

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.


The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong 2023 DePaul University

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.


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