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The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min 2025 Seattle University School of Law

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …


How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton 2025 Seattle University School of Law

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …


Artificial Intelligence And Procedural Due Process, Brandon L. Garrett 2025 Duke Law School

Artificial Intelligence And Procedural Due Process, Brandon L. Garrett

Faculty Scholarship

Artificial intelligence (AI) violates procedural due process rights if the government uses it to deprive people of life, liberty, and property without adequate notice or an opportunity to be heard. A wide range of government agencies deploy AI systems, including in courts, law enforcement, public benefits administration, and national security. If the government refuses to disclose the reasons why it denied a person bail, public benefits, or immigration status, serious due process concerns arise. If the government delegates such tasks to an AI system, the due process analysis does not change. One asks whether a person received adequate notice and …


The Right To 'Trip:' Navigating Psilocybin-Assisted Psychotherapy Under The Right To Try Pathway, Caitlyn S. Greenspun 2025 Loyola University Chicago Law School

The Right To 'Trip:' Navigating Psilocybin-Assisted Psychotherapy Under The Right To Try Pathway, Caitlyn S. Greenspun

Loyola University Chicago Law Journal

This Comment explores the legal, ethical, and regulatory challenges surrounding the use of psilocybin-assisted psychotherapy for terminally ill patients under the federal Right to Try (RTT) Act. While psychedelics like psilocybin are demonstrating extraordinary therapeutic potential, particularly in easing end-of-life psychological distress, patients remain barred from access due to the Controlled Substances Act (CSA) and the Drug Enforcement Administration's (DEA) narrow interpretation of its authority. Through a comprehensive analysis of legislative history, regulatory frameworks, and administrative law principles, this Comment argues that the DEA's position not only misinterprets the statutory relationship between the RTT Act and the CSA, but also …


The Fourth Amendment's Hidden Intrusion Doctrine, Laura Ginsberg Abelson 2025 Southern Methodist University, Dedman School of Law

The Fourth Amendment's Hidden Intrusion Doctrine, Laura Ginsberg Abelson

Faculty Journal Articles and Book Chapters

The Fourth Amendment’s concept of probable cause is the linchpin of legal standards governing law enforcement actions such as arrests, searches, and seizures. This article challenges the assumption that the same quantum of evidence can meet the probable cause standard regardless of whether law enforcement seek to conduct a search, to seize evidence, or to make an arrest, and regardless of the intrusiveness of such search or seizure. This paper demonstrates that the Supreme Court implicitly considers the degree of intrusion into privacy or liberty, not just the quantum or quality of evidence, when determining whether probable cause exists. In …


An Impossible Task: Enforcing Disclosure Requirements In A Multi-Billion Dollar Industry, Keelin Ferris 2025 The Catholic University of America, Columbus School of Law

An Impossible Task: Enforcing Disclosure Requirements In A Multi-Billion Dollar Industry, Keelin Ferris

Catholic University Journal of Law and Technology

Users of the first global social network, MySpace, could have never imagined that a mere twenty years later, teenagers could be millionaires making thirty-second videos out of their parents’ basement. Social media platforms have blossomed and advanced to an unpredictable level in a short amount of time. The growth of TikTok, surpassing one billion users, has been one of the most substantial contributors to the change in landscape.[1] In 2025, “social media influencers” come in all shapes and sizes.[2] Social media users can scroll through Instagram reels and stumble upon their fellow PTA member, co-worker, or grandmother promoting …


The Limits Of Tradition: Counterman, True Threats, And The Categorical Approach To Free Speech, Brett Zicari 2025 The Catholic University of America, Columbus School of Law

The Limits Of Tradition: Counterman, True Threats, And The Categorical Approach To Free Speech, Brett Zicari

Catholic University Journal of Law and Technology

Tradition is in vogue.[1] Across a wide variety of areas, the Supreme Court has embraced “history and tradition” as its primary methodology for determining the meaning of constitutional provisions.[2] Recently the Court has even suggested that a restriction on the use of names in trademarks could rest entirely on its traditional status,[3] but nowhere has this move toward tradition been as robust or longstanding as in the speech context. Since the 1940s, the Supreme Court has invoked tradition to defend content-based or categorical restrictions, and more recently, it has purported to rely exclusively on tradition.[4] The …


Table Of Contents, 2025 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Masthead, 2025 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Crafting A New Maryland Two-Party Consent Law With A Nice Ring To It, Ryan Brooks 2025 The Catholic University of America, Columbus School of Law

Crafting A New Maryland Two-Party Consent Law With A Nice Ring To It, Ryan Brooks

Catholic University Journal of Law and Technology

Picture this: Late on a dark autumn night, a teenage boy is staying at his godfather’s house.[1] Suddenly, the boy falls victim to unspeakable sexual abuse committed by his godfather.[2] Shortly thereafter, the boy escapes the house without his godfather’s knowledge.[3] To get help, the boy tries to get the attention of a neighbor.[4] He approaches neighboring house number one—no answer.[5] He approaches neighboring house number two—no answer.[6] He approaches neighboring house number three—and the homeowner answers the door by using his “doorbell camera.”[7] The boy states that there is an emergency and …


Between Pixels And Predators: The Landscape Of Sexual Assault And Rape In The Metaverse, Natalia Rydzewski 2025 Florida International University College of Law

Between Pixels And Predators: The Landscape Of Sexual Assault And Rape In The Metaverse, Natalia Rydzewski

FIU Law Review

This article explores the potential expansion of criminal prosecution in virtual reality spaces as it relates to sexual assault.


Judicial Economy In The Age Of Ai, Yonathan A. Arbel 2025 University of Alabama School of Law

Judicial Economy In The Age Of Ai, Yonathan A. Arbel

Articles

Individuals do not vindicate the majority of their legal claims because of access to justice barriers. This entrenched state of affairs is now facing a disruption. Lawyers and non-lawyers alike are adopting artificial intelligence (AI) tools to perform legal tasks tools that sharply reduce the costs of generating legal materials. There is finally hope that AI might allow many more to access justice.

Paradoxically, what we gain in access to justice we might lose in the delivery of justice. The problem is not that AI tools are ineffective. Indeed, they are even more effective than most realize affecting every stage …


Big Tech And Consumer Payments: The Good, The Bad, And The Unintended Consequences, Mark E. Budnitz 2025 Georgia State University College of Law

Big Tech And Consumer Payments: The Good, The Bad, And The Unintended Consequences, Mark E. Budnitz

Loyola Consumer Law Review

No abstract provided.


The Generation Of Maladies: The U.S. Tech Giants, David Vladeck 2025 Georgetown University Law Center

The Generation Of Maladies: The U.S. Tech Giants, David Vladeck

Loyola Consumer Law Review

No abstract provided.


How Socially Comparing Emerging Research Institutions To Established Research Institutions Informs Proposed Amendments To The Bayh Dole Act, Clovia Hamilton 2025 Indiana University, Kelley School of Business

How Socially Comparing Emerging Research Institutions To Established Research Institutions Informs Proposed Amendments To The Bayh Dole Act, Clovia Hamilton

Marquette Intellectual Property & Innovation Law Review

Emerging research institutions have a problem with their lack of tech transfer, including start-up business formations. This study investigates that issue using social comparison theory as the framework for a novel experimental design. A group of 245 respondents, comprised of STEM faculty members and STEM administrators at emerging research institutions, completed a stated- choice survey based on the social comparison theory. The respondents were assessed on the level and extent that they compare their emerging research institution to well established research institutions with respect to research, technology commercialization, and academic entrepreneurship. Historically Black Colleges and Universities (HBCUs) in America were …


The Ftc’S Ban On Noncompete Agreements: Setting Sail On A Sea Of Doubt, Jeffery M. Cross 2025 UIC School of Law

The Ftc’S Ban On Noncompete Agreements: Setting Sail On A Sea Of Doubt, Jeffery M. Cross

UIC Review of Intellectual Property Law

No abstract provided.


A Proposal On Deciding Trademark Infringement Claims To Limit Confusion For Consumers, Abigail Holtzman 2025 UIC School of Law

A Proposal On Deciding Trademark Infringement Claims To Limit Confusion For Consumers, Abigail Holtzman

UIC Review of Intellectual Property Law

No abstract provided.


The Bastard Of The Arts And Copyright Law: The Intersection Of Dance And Copyright Law In Hanagami V. Epic Games, Inc., Alyssa Sitkowski 2025 UIC School of Law

The Bastard Of The Arts And Copyright Law: The Intersection Of Dance And Copyright Law In Hanagami V. Epic Games, Inc., Alyssa Sitkowski

UIC Review of Intellectual Property Law

No abstract provided.


Catch-22: The Elusiveness Of Commuted Per-Unit Royalty Conversions And Their Sufficiency In Hypothetical Negotiation Calculations Under Protective Order, Kenneth L. Woodard Jr. 2025 UIC School of Law

Catch-22: The Elusiveness Of Commuted Per-Unit Royalty Conversions And Their Sufficiency In Hypothetical Negotiation Calculations Under Protective Order, Kenneth L. Woodard Jr.

UIC Review of Intellectual Property Law

No abstract provided.


Table Of Contents & Introductory Material, 2025 UIC School of Law

Table Of Contents & Introductory Material

UIC Review of Intellectual Property Law

No abstract provided.


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