Full Disclosure: Moving Beyond Disclosure Regulations To Affirmative Regulation Of Executive Compensation,
2017
Brooklyn Law School
Full Disclosure: Moving Beyond Disclosure Regulations To Affirmative Regulation Of Executive Compensation, Christopher Saverino
Brooklyn Journal of Corporate, Financial & Commercial Law
In the period following the financial crisis of 2008, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), which compelled the Securities and Exchange Commission (SEC) to engage in substantial rulemaking. The Dodd-Frank mandate in Section 953(b) required the SEC to promulgate a rule, which it eventually finalized and is currently known as Pay Ratio Disclosure. Historically, SEC rulemaking has received great deference when rules are judicially challenged. However, following the passage of Dodd-Frank, the D.C. Circuit Court of Appeals has begun to grant less deference to SEC rulemaking where it has found that the SEC has …
Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses,
2017
Brooklyn Law School
Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, Kieran Meagher
Brooklyn Journal of Corporate, Financial & Commercial Law
The Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act, is intended to lower the average price paid by consumers for prescription drugs. The Hatch-Waxman Act attempts to do so by simplifying the application process for generic drug manufacturers, allowing generic drug applications to circumvent the lengthy FDA testing and approval process that brand-name manufacturers must undergo. Though the Hatch-Waxman Act has successfully created a clear path to the market for generic drugs, it contains loopholes that allow brand name and generic companies to engage in practices aimed at maximizing monopoly profits, effectively …
The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg,
2017
Brooklyn Law School
The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg, Israel Katz
Brooklyn Journal of Corporate, Financial & Commercial Law
One of the centerpieces of the United States’ effort to combat climate change is the Environmental Protection Agency’s (EPA) controversial Clean Power Plan, which consists of the first-ever federal regulations requiring states to achieve massive carbon dioxide emissions reductions from existing fossil fuel-fired power plants. The regulations operate by setting interim and final emissions target dates for states to ultimately reach an aggregate 32% reduction in carbon emissions by the year 2030. This Note argues that the current regulations will not survive judicial scrutiny, because the U.S. Supreme Court has moved away from traditional administrative deference in instances where an …
Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts In Employment Litigation?,
2017
Brooklyn Law School
Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts In Employment Litigation?, Curtis D. Edmonds
Journal of Law and Policy
The purpose of the Americans with Disabilities Act Amendments Act (“ADAAA”) was to restructure and clarify the definition of the legal term “disability” in the Americans with Disabilities Act of 1990 (“ADA”). One of the three prongs of the ADA’s definition of disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The ADAAA was the result of a compromise reached after thirteen weeks of negotiations between representatives of the business and disabilities communities over its provisions. Like many other compromises, the ADAAA did not leave either side fully satisfied. Almost …
The Foreign Emoluments Clause: Protecting Our National Security Interests,
2017
Brooklyn Law School
The Foreign Emoluments Clause: Protecting Our National Security Interests, Deborah Samuel Sills
Journal of Law and Policy
Classical republican ideals played an important role in the formation of our country. Guided by these ideals, several provisions were included in the Constitution to protect the United States from these harms, including the Emoluments Clause. This Clause prohibits United States officials from accepting certain types of benefits from foreign nations, except with Congress's consent. It protects our national interests by ensuring that federal officials remain free from improper pressures from foreign states and act for the welfare of our country. This provision promotes transparency and accountability and helps guard against corrupt influences that could undermine, and even destroy, a …
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces,
2017
Brooklyn Law School
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi,
2017
Brooklyn Law School
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Journal of Law and Policy
Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …
How The 1 Percent Pays Taxes; How The 99 Percent Could: The Subchapter T Worker Cooperative Tax Loophole,
2017
Brooklyn Law School
How The 1 Percent Pays Taxes; How The 99 Percent Could: The Subchapter T Worker Cooperative Tax Loophole, Michael Haber
Journal of Law and Policy
The ratification of the Sixteenth Amendment to the United States Constitution granted Congress the right to tax income “from whatever source derived.” Since its inception, the tax code has become long and complicated, filled with broad taxation rules and innumerable exceptions. Over time, the tax code has been amended with the stated purpose of promoting “fairness, efficiency, and enforceability.” However, the complexity of the tax code has led to abuse of “tax loopholes” by wealthy taxpayers who want to avoid paying their fair share of taxes. While abuse is likely to continue, as legislators remain intent on lowering taxes on …
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption,
2017
Brooklyn Law School
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Journal of Law and Policy
In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion,
2017
Brooklyn Law School
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias
Journal of Law and Policy
Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment,
2017
Brooklyn Law School
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment, Zachary J. Shapiro
Journal of Law and Policy
When the Constitution of the United States went into effect on March 4, 1789, it established a new, hybrid form of government. As such, it created a complex and multifaceted process of electing our nation’s chief executive. Most notably, it granted states the power to choose a slate of presidential electors to debate the qualifications of the candidates selected by the voters. In recent history, however, certain states have established laws that severely limit the ability of presidential electors to exercise their right to vote for the candidates that they believe to be the best choice to sit in the …
Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts In Employment Litigation?,
2017
Brooklyn Law School
Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts In Employment Litigation?, Curtis D. Edmonds
Journal of Law and Policy
The purpose of the Americans with Disabilities Act Amendments Act (“ADAAA”) was to restructure and clarify the definition of the legal term “disability” in the Americans with Disabilities Act of 1990 (“ADA”). One of the three prongs of the ADA’s definition of disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The ADAAA was the result of a compromise reached after thirteen weeks of negotiations between representatives of the business and disabilities communities over its provisions. Like many other compromises, the ADAAA did not leave either side fully satisfied. Almost …
The Foreign Emoluments Clause: Protecting Our National Security Interests,
2017
Brooklyn Law School
The Foreign Emoluments Clause: Protecting Our National Security Interests, Deborah Samuel Sills
Journal of Law and Policy
Classical republican ideals played an important role in the formation of our country. Guided by these ideals, several provisions were included in the Constitution to protect the United States from these harms, including the Emoluments Clause. This Clause prohibits United States officials from accepting certain types of benefits from foreign nations, except with Congress's consent. It protects our national interests by ensuring that federal officials remain free from improper pressures from foreign states and act for the welfare of our country. This provision promotes transparency and accountability and helps guard against corrupt influences that could undermine, and even destroy, a …
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces,
2017
Brooklyn Law School
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi,
2017
Brooklyn Law School
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Journal of Law and Policy
Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …
How The 1 Percent Pays Taxes; How The 99 Percent Could: The Subchapter T Worker Cooperative Tax Loophole,
2017
Brooklyn Law School
How The 1 Percent Pays Taxes; How The 99 Percent Could: The Subchapter T Worker Cooperative Tax Loophole, Michael Haber
Journal of Law and Policy
The ratification of the Sixteenth Amendment to the United States Constitution granted Congress the right to tax income “from whatever source derived.” Since its inception, the tax code has become long and complicated, filled with broad taxation rules and innumerable exceptions. Over time, the tax code has been amended with the stated purpose of promoting “fairness, efficiency, and enforceability.” However, the complexity of the tax code has led to abuse of “tax loopholes” by wealthy taxpayers who want to avoid paying their fair share of taxes. While abuse is likely to continue, as legislators remain intent on lowering taxes on …
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption,
2017
Brooklyn Law School
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Journal of Law and Policy
In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment,
2017
Brooklyn Law School
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment, Zachary J. Shapiro
Journal of Law and Policy
When the Constitution of the United States went into effect on March 4, 1789, it established a new, hybrid form of government. As such, it created a complex and multifaceted process of electing our nation’s chief executive. Most notably, it granted states the power to choose a slate of presidential electors to debate the qualifications of the candidates selected by the voters. In recent history, however, certain states have established laws that severely limit the ability of presidential electors to exercise their right to vote for the candidates that they believe to be the best choice to sit in the …
Benefit Corporation Law,
2017
University of Colorado Law School
Benefit Corporation Law, Mark J. Loewenstein
Publications
This article compares the approaches to benefit corporation legislation, particularly the Model Legislation proposed by B Lab, on the one hand, and the Delaware and Colorado laws, on the other.
Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies,
2017
Boston University School of Law
Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies, Jordana Goodman
Faculty Scholarship
The conception of Frankenstein’s monster bridges the ever-narrowing divide between man and machine. Long before Congress codified Section 33(a) of the America Invents Act (“AIA”), Mary Shelley’s vague description of the monster’s creation has left people wondering: what defines a human organism? Through an analysis of patent law and scientific progress in the development of artificial organ systems, this paper explores the boundaries of patentable subject matter in the United States and attempts to clarify Congress’s determination that “no patent may issue on a claim directed to or encompassing a human organism.” Though patent law should incentivize development of artificial …
