Category Archives: Notes

DUMPING THE PROBABLE CAUSE REQUIREMENT: WHY THE SUPREME COURT SHOULD DECIDE PROBABLE CAUSE IS NOT NECESSARY FOR CELL TOWER DUMPS

With technology changing and improving as quickly as ever, it stands to reason that the law is often behind the times, and regularly needs to catch up. This is precisely where the law currently stands regarding cell phones. It seems … Continue reading

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KEEPING YOUR PERSONAL INFORMATION PERSONAL: TROUBLE FOR THE MODERN CONSUMER

The online market is continuously growing and expanding, with many benefits to the consumer. Online purchasing and web browsing make consumers’ lives much easier. But the ease of online activities comes with a cost. Companies are collecting, storing, and using … Continue reading

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Title III of the JOBS Act: Using Unsophisticated Wealth to Crowdfund Small Business Capital or Fraudsters’ Bank Accounts? by Benjamin P. Siegel

Starting a business is a significant undertaking. Entrepreneurs often work grueling, around-the-clock hours in high-pressure environments for the opportunity to be one of the rare successful businesses that survive the first few tumultuous years. Recently, the impetus behind entrepreneurship has … Continue reading

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Freedom From Food: On the Need to Restore FDR’s Vision of Economic Rights in America, and How It Can Be Done by Evgeny Krasnov

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not—and should not—include economic rights, which include the right to adequate food, shelter, and health care. This is an irony … Continue reading

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At War With The Robots: Autonomous Weapon Systems and the Martens Clause by Tyler D. Evans

The Three Laws of Robotics (“Three Laws”) are an elegant set of hierarchical rules that ethically and physically govern Isaac Asimov’s science fiction robots. The Three Laws are programmatically embedded in the robots’ “positronic brains,” and control their behavior and … Continue reading

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SEC Rule 10B5-2: A Call for Revitalizing the Commission’s Efforts in the War on Insider Trading

It is well known that the Securities and Exchange Commission (“SEC” or the “Commission”) is the administrative agency that regulates insider trading in the United States’ financial markets. 1 It is also well known that insider trading law is notoriously … Continue reading

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The End of an Era: Closing the Exclusionary Debate Under Herring v. United States

For nearly a century, aggressive judicial correction of government abuses has protected individual privacy rights. Favoring result over method, many of the Supreme Court’s remedies attract harsh criticism for their heavy-handed but uncertain application—subject to constant metamorphoses while maintaining a … Continue reading

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Finding Common Ground: How Inclusive Language Can Account for the Diversity of Sexual Minority Populations in the Employment Non-Discrimination Act

The Employment Non-Discrimination Act (“ENDA”) aims to protect all American employees who are or may be perceived as gay, lesbian, or bisexual by prohibiting discrimination in employment or employment opportunities, including, “firing, hiring, compensation, terms, conditions and privileges of employment … Continue reading

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Safe Localities Through Cooperation: Why the Secure Communities Program Violates the Constitution

An undocumented immigrant and a single mother, Tatiana arrived in the United States almost eleven years ago. Since then, she has been working very hard to support her three minor children, all of whom are U.S. citizens. She is a … Continue reading

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A Prescription for Excess: Using Prescriptive Comity to Limit the Extraterritorial Reach of the Sherman Act

The United States aggressively pursues antitrust violations perpetrated by foreign defendants. Of the fines collected by the Department of Justice (“DOJ”) for Sherman Act violations, eighteen of the twenty largest fines have been levied against foreign corporations. Private plaintiffs, too, … Continue reading

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