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Volume 109 - Issue 6

Equalizing Parental Leave

By Deborah A. Widiss. Full Text. The United States is the only developed country that fails to guarantee paid time off work to new parents. As a result, many new parents, particularly low-wage workers, are forced to go back to work within days or weeks of a birth or adoption. In recent years, a growing…

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The Hidden Rules of a Modest Antitrust

By Ramsi A. Woodcock. Full Text. Reforming antitrust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that…

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States, the Final Frontier: How Minnesota’s State Constitution Can Serve as New Ammunition in the Fight Against Prison Gerrymandering

By Meredith Gingold. Full Text.  “Prison gerrymandering” is the term for the United States Census Bureau’s practice of counting incarcerated individuals toward the population of the district where they are incarcerated, not the district where they resided before incarceration. Prison gerrymandering systematically transfers population and political power from urban districts to rural districts, as the…

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The Influence of Alice: A Response to Jay P. Kesan & Runhua Wang’s Eligible Subject Matter at the Patent Office: An Empirical Study of the Influence of Alice on Patent Examiners and Patent Applicants

By Daryl Lim. Full Text.  The Supreme Court’s decision in Alice Corp. v. CLS Bank has had a decimating influence on patents and patent applications.  Its long shadow looms over every stage of a patent’s life cycle—from prosecution to litigation and the administrative post-grant process at the patent office. In their article, Professor Jay Kesan…

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In trust, data

By Keith Porcaro. Full Text. This Essay explores how the trust, and specifically the asset management functions that trust law affords, can be used to ameliorate select digital governance challenges. A trust’s ability to isolate assets can protect public interest technology projects against organizational failure, facilitate archiving and study of proprietary and deprecated software, and…

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Suing the Aiders and Abettors of Torture: Reviving the Torture Victim Protection Act

By Ryan Plasencia. Full Text.  While universally condemned by the international community, state-sponsored torture and extrajudicial killing are still pervasive practices around the globe. This Note examines a specific form of state-sponsored torture and killing—those acts that are facilitated or aided by multinational corporations with profit motives. In 1992, the United States enacted the Torture…

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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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Utility-Expanding Fair Use

By Jacob Victor. Full Text.  Copyright’s fair use doctrine is increasingly applied to large-scale uses of creative works by new digital technologies, such as the Google Books Project. Such technologies—which the Second Circuit has recently come to call “utility-expanding”—allow the public to more productively use or efficiently access books, articles, music, films, and other copyrighted…

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On Sacred Land

By Khaled A. Beydoun. Full Text.  From 2010 through the present, land-use discrimination against Muslims marked a prolific uptick—sixty percent greater than that of the post-9/11 period. Most startlingly, only twenty percent of Muslim land use disputes were resolved without a federal suit, compared to eighty-four percent of suits involving a non-Muslim claimant. This highlights…

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Catalyzing Privacy Law

By Anupam Chander, Margot E. Kaminski, and William McGeveran. Full Text.  The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have considered broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy…

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