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Category: Issue 1

Article

Privacy Pretexts

Rory Van Loo

Boston University School of Law and Affiliated Fellow, Yale Law School Information Society Project

Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Tech companies like Amazon, Meta (Facebook), and Alphabet (Google) wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by…

Mar 2023

Note

The Borderline of Crime: The Case for Reevaluating United States v. Bowman & Vigorously Applying the Presumption Against Extraterritoriality to Federal Criminal Statutes

Danielle T. Dominguez

J.D., Cornell Law School, 2023; B.A., Claremont McKenna College, 2019

In Part I, this Note will provide background information on extraterritoriality. This Note will define extraterritoriality and expand upon the crucial role of the presumption against extraterritoriality in determining the jurisdictional reach of federal statutes. This Note will also expand on the unique history of extraterritoriality in federal statutory jurisprudence. Furthermore, this Note will identify…

Mar 2023

Article

The Undemocratic Roots of Agency Rulemaking

Emily S. Bremer

Associate Professor of Law, University of Notre Dame Law School

Americans often credit—or blame—Congress for the laws and policies that govern their lives. But Congress enacts broad statutes that give federal administrative agencies the primary responsibility for making and enforcing the regulations that control American society. These administrative agencies lack the political accountability of those in public office. To address this democratic deficit, an agency…

Mar 2023

Note

Standing Up to TransUnion: How FDCPA Plaintiffs Can Satisfy TransUnion’s Heightened Concrete Injury Standard

Joseph P. Teknus

J.D., Cornell Law School, 2023; B.A. in Economics and History, William & Mary, 2020.

After noticing a pervasive, nationwide problem, Congress enacts legislation. The legislation creates new, individual rights and gives private citizens the ability to vindicate those rights in federal court. The idea is simple: to attack the problem, Congress empowers private citizens to hold violators accountable. But if a plaintiff sues a violator, are there any federal…

Mar 2023

Article

Forced Remote Arbitration

David Horton

Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law

Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings—which once were rare—became common. This shift generated fierce debate about how video trials differ from in- person proceedings. Now, though, most courts have reopened, and the future of remote trials is unclear. However, the pandemic also…

Mar 2023

Article

Privacy Pretexts

Rory Van Loo, Boston University School of Law and Affiliated Fellow, Yale Law School Information Society Project

Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Tech companies like Amazon, Meta (Facebook), and Alphabet (Google) wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by…

Dec 2022