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Category: Issue 5

Article

Prioritizing Privacy in the Courts and Beyond

Babette Boliek, Pepperdine University School of Law

Big data has affected American life and business in a variety of ways — inspiring both technological development and industrial change. However, the legal protection for a legal person’s right to his or her own personal information has not matched the growth in the collection and aggregation of data. These legal shortcomings are exacerbated when…

Jul 2020

Article

Antitrust and the Designing of Production

Herbert Hovenkamp, James G. Dinan University Professor, University of Pennsylvania Carry Law School

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it…

Jul 2020

Article

What is Discriminatory Intent?

Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, Mark Claster Mamolen Teaching Scholar.

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single definition of ‘discriminatory intent’ that applies across different institutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional intent. Amplifying the doctrine’s complexity, the…

Jul 2020

Note

“Mob-Legislating”: JASTA’s Addition to the Terrorism Exception to Foreign Sovereign Immunity

Rachel E. Hancock

This Note explores the issues with the Foreign Sovereign Immunities Act that JASTA attempts to address, the likelihood of JASTA’s success, and whether or not JASTA is a desirable solution. Though the relatively recent nature of this addition renders the long-term impact difficult to assess, an examination of foreign sovereign immunity doctrine’s origins, evolution, and…

Jul 2020

Article

Prioritizing Privacy in the Courts and Beyond

Babette Boliek, Associate Professor of Law at Pepperdine University School of Law, J.D. Columbia University School of Law, Ph.D. Economics University of California, Davis.  

Big data has affected American life and business in a variety of ways—inspiring both technological development and industrial change. However, the legal protections for a person’s right to his or her own personal information have not matched the growth in the collection and aggregation of data. These legal shortcomings are exacerbated when third party privacy interests…

Jul 2018

Note

“Mob-Legislating”: JASTA’s Addition to the Terrorism Exception to Foreign Sovereign Immunity

Rachael E. Hancock

On September 28, 2016, a politically divided United States Senate overrode President Barack Obama’s veto for the first and only time in a particularly decisive vote: 97–1.1Mohammed Cherkaoui, The U.S. JASTA: An Asset or a Liability for America Abroad?, AL JAZEERA (Dec. 28, 2016, 13:38 Mecca), http://studies.aljazeera.net/en/reports/2016/12/jasta-asset-liability-america-161228101858709.html [http://perma.cc/SX65-R3J9]. Senate Minority Whip Harry Reid was the sole dissenter, while…

Jul 2018

Article

Antitrust and the Design of Production

Herbert Hovenkamp, James G. Dinan University Professor, Penn Law and Wharton Business, University of Pennsylvania

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it…

Jul 2018

Article

What is Discriminatory Intent?

Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School.

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single defini­tion of ‘discriminatory intent’ that applies across different in­ stitutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional intent. Amplifying the doctrine’s complex­ity, the Court…

Jul 2018

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