Enhancing Cybersecurity in the Private Sector by Means of Civil Liability Lawsuits— The Connie Francis Effect

Jeffrey F. Addicott

Change is an inevitable component of the human experience, both for individuals and the businesses that they operate within society. Sometimes changes in business standards and practices are brought about simply through the normal course of technical “evolution,” but in other cases changes are brought about as the result of new laws. While the Constitution most certainly envisions that laws should emanate from the legislative branch of government, legal mandates rooted in the rich heritage of common law can come from the workings of the judicial branch. Indeed, in the modern world, jurisprudence has been a vital component in shaping—or attempting to shape—normative behavior within society by pronouncing new legal obligations, sometimes even in opposition to the majority will of the people.

Read more

Classified Information Cases on the Ground: Altering the Attorney-Client Relationship

Paul G. Gill

For federal criminal defendants or their counsel first caught up in a case involving classified information, it is easy to find the text of the Classified Information Procedures Act (“CIPA” or “the Act”). The Department of Justice makes available a synopsis of the Act, obviously from the perspective of the prosecution, but generously flavored with case law advancing that perspective. Case law sustaining CIPA against constitutional attack, either facially or as applied, is easy enough to find. Plenty of related case law likewise holds that CIPA’s procedures allow courts to reasonably balance the executive’s right to protect classified information against a criminal accused’s constitutional rights to know and use evidence material to his defense.

Read more

Preventing an Air Panopticon: A Proposal for Reasonable Legal Restrictions on Aerial Surveillance

Jake Laperruque

Imagine a world where a small plane flies miles above a city, effectively invisible to its inhabitants, but looking down on them. Meanwhile, a series of drones, controlled in a semi-automated pattern by a single operator, hover over the surrounding suburbs. A select group of monitors—no more than a dozen members of the local police force—pinpoint areas of interest in real time, including a large protest, several doctors‘ and lawyers‘ offices, and a mosque.

Read more

Race and the Law

Cassandra Conover

There was a time the law used the color of our skin for many reasons, to include the notion that our color made us inferior to others. Although white men worded the Fourteenth Amendment in 1868 specifically so newly freed slaves would be protected citizens against unjust state actions, the acceptance of African Americans as 5/5 of a person versus the 3/5 of a person still contained in the Constitution was a bitter pill for many to swallow. The Jim Crow laws of segregation passed in several states from 1890 to 1945. Those laws were enacted “to subordinate blacks as a group to whites and to enforce rules favored by dominant whites.” Those laws were so strongly supported throughout the South.

Read more

Anchors Aweigh: Analyzing Birthright Citizenship as Declared (Not Established) by the Fourteenth Amendment

Elizabeth Farrington

Much has been and will be said concerning President Donald Trump‘s immigration policies. The vast majority of commentary has focused on his plans to enforce existing policy by deporting undocumented immigrants currently living in the United States and, of course, to build a wall on the United States border with Mexico. Less has been said, however, about any potential plans to change existing law regarding birthright citizenship—the process by which children of undocumented immigrants born on United States soil are granted full citizenship status.

Read more

In Memoriam: Professor Peter Nash Swisher

Ronald J. Bacigal

Professor Peter Nash Swisher, seventy-two, passed away on June 15, 2016, after a year-long battle with multiple myeloma. Pete was born in 1944 in Oxford, England to Margaret Dixon and Dr. George Nash, a Captain in the Royal Army Medical Corps. His father died returning from the War, and his mother eventually remarried Raymond Swisher, an American, and raised her two sons in Wisconsin.

Read more

Indecency Four Years After Fox Television Stations: From Big Papi to a Porn Star, An Egregious Mess at the FCC Continues

Clay Calvert

Minch Minchin

Kéran Billaud

Kevin Bruckenstein

Tershone Phillips

In March 2015, the Federal Communications Commission (FCC or Commission) proposed fining a Roanoke, Virginia, television station a whopping $325,000 for briefly broadcasting extremely graphic and explicit sexual material, specifically, a video image of a hand stroking an erect penis. The offending content aired for three seconds on WDBJ Channel 7 during a 6:00PM news segment about a former female porn star turned local volunteer rescue squad member.

At first blush, the FCC‘s proposed indecency fine seems like a legal slam dunk. As media attorney Harry Cole wryly writes, “[e]rect penises (and the manipulation thereof) are well outside the range of conventional prime-time acceptability.”

Read more

Dizzying Gillespie: The Exaggerated Death of the Balancing Approach and the Inescapable Allure of Flexibility in Appellate Jurisdiction

Bryan Lammon

In Gillespie v. U.S. Steel Corp., the Supreme Court emphasized that the final-judgment rule—the general rule delaying appellate review of a district court decision until the district court reaches a final judgment on the case—must be given a practical rather than technical construction. Gillespie seemed to promise a new approach to federal appellate jurisdiction: a balancing approach that would allow courts of appeals to determine, case-by-case, whether to allow an appeal before a final judgment. But it was not long before the Supreme Court retreated from Gillespie, cabining the decision to its facts, and the Court nowadays adamantly rejects ad hoc balancing in appellate jurisdiction.

Read more

The Intersection of Contract Law, Reproductive Technology, and the Market: Families in the Age of ART

Deborah Zalesne

As rapidly developing reproductive technologies offer new pathways to parenthood, marriage and parenthood have become increasingly separated, and biology and parenthood no longer go hand in hand. With the advent of Assisted Reproductive Technology (ART), providing alternative methods for people to have children when it is otherwise impossible or infeasible for them to do so naturally, a growing number of parents are not actually biologically related to their children, and even when they are, a growing number of parents have had their children with outside medical assistance.

Read more

The Equal Protection Component of Legislative Generality

Evan C. Zoldan

The goal of achieving equality under law is deeply rooted in American philosophical traditions and constitutional doctrine. And although there is no universally accepted definition of equality, some applications of the principle are uncontroversial; most conceptions of equality bristle at the notion of particularized legislative treatment of named individuals without adequate justification.

Read more
Page 1 of 2812345...1020...Last »