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.

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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.

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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.

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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.

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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.”

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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.

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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.

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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.

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COMMENT: Regulating Human Germline Modification in Light of CRISPR

Sarah Ashley Barnett

Scientific advancement is notorious for pushing legal and ethical boundaries, but never more so than recently. For the first time in history, we have the potential to not only recreate genetic marvels of the past, but also reshape the genetic destiny of future generations. This is due to the development of a new, revolutionary technology in genetic engineering called CRISPR—short for clustered regularly interspaced short palindromic repeats.

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COMMENT: Uniform Rules: Addressing the Disparate Rules that Deny Student-Athletes the Opportunity to Participate in Sports According to Gender Identity

Chelsea Shrader

Grade-school and college playing fields have long been segregated on the basis of sex. For decades, male and female students were afforded the opportunity to participate in interscholastic athletic competitions on teams determined by their biological gender. Recently, an increasing number of high school and college-aged [students are publicly] identifying as transgender (or trans), meaning that their internal sense of their gender identity is different from the gender they were assigned at birth. The emergence of openly transgender students in grade schools and colleges, in general, has resulted in vastly disparate rules promulgated by school districts to address how transgender individuals fit into the traditional operation of the education system.

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