I Share, Therefore It’s Mine

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights to acquire and retain ownership of property (parting with it only on terms defined by the owner), thereby also providing necessary economic incentives to share. Along the way, this article bridges the psychology research with Hohfeld’s description of the nature of rights, explaining the corresponding rights characterizations appropriate to describe each step in a child’s development of ownership understanding.

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Security Clearance Conundrum: The Need For Reform And Judicial Review

Heidi Gilchrist

Imagine you arrive at work as a scientist at one of the country‘s foremost labs after twenty years of service. You are sipping your coffee when security arrives and informs you that your security clearance has been revoked and therefore, you are no longer authorized to work there, or even be in the building. When you ask why you have lost your security clearance, and thus your job, the answer is you are a national security risk and it would even be a threat to national security to tell you why. You try to appeal the decision, but you are told it is final. You think to yourself, I am an American, I have certain indelible rights, so you go to an attorney. You take the agency you work for to court, the court tells you that it is very sorry but no one has a right to a security clearance because matters of national security are committed to the Executive Branch, and the court cannot examine the merits of a security clearance decision. Your scientific research and expertise involve national security and there are no jobs that you are qualified for that would not require a clearance. You think to yourself, now what? This is not fiction, this is the current law of national security clearances.

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Restating The “Original Source Exception” To The False Claims Act’s “Public Disclosure Bar” In Light Of The 2010 Amendments

Joel D. Hesch

Government spending is at an all-time high, and with it so is fraud against the government. As much as 10 percent of every dollar spent on government programs is lost to fraud, which amounts to over $350 billion a year. Because the government is ill-equipped to detect fraud, Congress employs a unique qui tam enforcement provision within the False Claims Act (the “FCA”) to recover such ill-gotten gains. Under the FCA, a whistleblower, known as a “relator,” is eligible for a reward by filing a qui tam civil suit on behalf of the government against a company or person that has defrauded the government. If the case is successful, a relator is awarded a portion of the recovery, which is typically between 15 percent and 30 percent of any recovery.

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Involuntarily Committed Patients As Prisoners

Matt Lamkin

Carl Elliott

Human subjects research has a shameful history of abuses committed against institutionalized people. Decades after the Nuremburg court condemned Nazi doctors to death for experimenting on prisoners in concentration camps, researchers in the United States continued to expose prisoners to measles, malaria, radioactive isotopes, and other painful and damaging interventions. On his first visit to the Holmesburg prison in Pennsylvania, Dr. Albert Kligman reported seeing in this captive population “acres of skin” on which he could conduct dermatological experiments, including toxins that left prisoners scarred and blistered.

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Crimmigration: The Missing Piece Of Criminal Justice Reform

Yolanda Vázquez

On July 13, 2015, President Barack Obama commuted the sentences of forty-six individuals. They were nonviolent drug offenders, who had been languishing in prison as a result of the War on Drugs and increasing severity in punishment that has occurred in the criminal justice system over the last forty years. The commutations were another act in President Obama‘s attempt to address the problems that have arisen over the last several decades in the United States criminal justice system. These problems have included overcriminalization, severity in sentencing, hyperincarceration, and racial and economic disparities.

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The Highest Court: A Dialogue Between Justice Louis Brandeis And Justice Antonin Scalia On Stare Decisis

P. Thomas DiStanislao III

The scene is the main reading room in the Supreme Court library. It is 12:01 AM on a Thursday night, and a hapless law clerk named Madison Nomos is working on a draft of a dissenting opinion for his Justice. Specifically, Nomos is researching whether an earlier Supreme Court case—one with which his Justice vehemently disagrees—should play a significant role in the Court’s analysis of an issue that has gripped the nation. Nomos’s Justice was recently confirmed, and this will be her first opportunity to firmly state her views on stare decisis in the Supreme Court. She has tasked the clerk with providing support for her argument that the Court should abandon its prior ruling. Nomos has been working on the opinion for hours and is no closer to reaching a conclusion than when he started. Though the courthouse is empty, the clerk hears a noise as the doors at the end of the room fling open. Justice Antonin Scalia and Justice Louis Brandeis enter the room, engaged in a heated argument over Webster’s New International Dictionary: Second Edition (1934).

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COMMENT: When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases

Priscilla Heinz

This comment examines the current state of the law surrounding the exercise of general jurisdiction and forecasts the circumstances under which the Supreme Court is likely to clarify its recent decisions. Its purpose is to explore the principles announced in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman and consider whether the due process rationales offered in the past coincide with the new essentially at home standard imposed for general jurisdiction. Moreover, this comment analyzes the reactions of the lower courts in the wake of these decisions and predicts where the Supreme Court is headed in cases involving foreign corporations. The recent decisions prioritize predictability for the defendant above rationales offered in the past. The Court left open a small opportunity for discretion, but has stopped just short of establishing a bright-line rule. Thus, lower courts must try to identify what exceptional hypothetical facts are necessary to exercise general jurisdiction over a corporate defendant outside of its principal place of business and state of incorporation.

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COMMENT: Amateurism And The NCAA: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation

Daniel Laws

When asked about why student-athletes should receive compensation, Jay Bilas, an ESPN analyst, responded with a metaphor: “[I]f your kid is the star of Home Alone, and they say ‘Look, we are just going to pay for expenses. And if they do a really good job, maybe when they‘re older . . . they can get paid then.’ You would say, ‘No, no—this is not the school play. This is a multi-billion dollar business.'” The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association (“NCAA”), prides itself on the amateur status of its athletes. To preserve its athletes’ amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university‘s cost of attendance. Typically, this type of horizontal agreement—one between competitors that artificially caps the amount a worker can earn—violates section 1 of the Sherman Act as an unreasonable trade restraint. The NCAA, however, is permitted to continue capping athletic scholarships, and thus preserving the amateurism of its athletes, because the Ninth Circuit has determined that the pro-competitive effects of scholarship caps outweigh the anticompetitive effects. The time has come to recognize that the injustice of withholding due compensation from athletes who are generating billions of dollars in revenue for universities outweighs the NCAA‘s interest in preserving amateurism.

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COMMENT: Protecting America’s Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As “Critical Infrastructure” Under The United States Code

Allaire M. Monticollo

In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where the next hack will occur, when it will happen, and whom it will affect.

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