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Volume 108 - Issue 4

Embedded Deception: How the FTC’s Recent Interpretation of the Children’s Online Privacy Protection Act Missed the Mark

By Olivia Levinson. Full Text. Every year, YouTube amasses billions of dollars in online advertising revenue. While many advertisements play before, in between, and after YouTube videos, there are often more elusive advertisements within the videos themselves. Embedded advertisements within videos pose unique consumer protection concerns, especially as they pertain to young audiences. Ryan’s World,…

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Standing Up to the Treasury: Applying the Procedural Standing Analysis to Post-Mayo, Pre-Enforcement APA Treasury Challenges

By Casey N. Epstein. Full Text.  Administrative law and tax law have clashed for the past several decades. While recent caselaw, starting with Mayo Foundation in 2010, has indicated that administrative law, such as the Administrative Procedure Act (APA), does apply to the Treasury, many questions remain unanswered. Much attention has recently focused on the…

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Moving Beyond Reflexive Chevron Deference: A Way Forward for Asylum Seekers Basing Claims on Membership in a Particular Social Group

By Seiko Shastri. Full Text. Asylum applicants face a mounting number of barriers to being granted refuge in the United States. This is especially true for individuals applying for asylum based on their membership in a “particular social group,” one of the few protected grounds for asylum. In recent years, the Board of Immigration Appeals…

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LIBOR: The World’s Most Important Headache

By Alec Foote Mitchell. Full Text.  The London Inter-Bank Offered Rate, or LIBOR, is known as “the world’s most important number.” Referenced in almost $350 trillion of financial contracts, LIBOR is central to modern finance. But in 2023, it is vanishing. As central banks, governments, financial institutions, and private parties rush to find replacement rates,…

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How a New Standard of Care Can Make Social Media Companies Better “Good Samaritans”

By Jenna Hensel. Full Text.  Social media companies enjoy a broad scope of protection from liability due to Section 230 of the Communications Decency Act. Section 230 of the Communications Decency Act offers social media companies two prominent protections: (1) protection from liability for user content posted on their websites because social media companies “cannot…

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The Critical Need for State Regulation of Assisted Living Facilities: Defining “Critical Incidents,” Implementing Staff Training, and Requiring Disclosure of Facility Data

By Lexi Pitz. Full Text.  Assisted living facilities are wildly popular among elderly Americans. This trend is expected to persist due to increasing life expectancy, an aging baby boomer population, and the growing preference for assisted living facilities over nursing homes. Despite their growing popularity, the assisted living industry remains alarmingly underregulated at both the…

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Standing Up to Bad Patents: Allowing Non-Infringing Direct Competitors to Satisfy the Article III Standing Requirements Appealing an Adverse Inter Partes Review Decision to the Federal Circuit

By Ryan Fitzgerald. Full Text.  In 2011, through the America Invents Act, Congress created a new administrative procedure, inter partes review (IPR), to allow third parties to challenge issued patents before the Patent Trial and Appeal Board (PTAB). It did so in recognition “that questionable patents [were] too easily obtained and [were] too difficult to…

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Minnesota’s Digital Divide: How Minnesota Can Replicate the Rural Electrification Act to Deliver Rural Broadband

By Abby Oakland. Full Text. For disadvantaged communities, education can be the silver bullet. It can equip and empower students to rise above their economic station. It can level the playing field. It can provide opportunity absent in their current circumstances. It can open doors that would otherwise remain closed. Recognizing this power, Minnesota’s Constitution…

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