Posts

Posted on

Forum Shopping in Illinois Forum Non-Conveniens Jurisprudence: Turning a Blind Eye on a Pervasive Practice

An Article by William G. Beatty

Down the Full Article Here

“Forum Shopping,” the practice by which a plaintiff seeks to fix venue in a jurisdiction, thought to be more favorable to his or her interests, despite being a non-resident of the chosen forum, or despite the absence of significant connections between the chosen forum and the case at hand. Case law describes forum shopping in various pejorative terms: “disfavored,” injurious to both the integrity of the courts and the rights of defendants, and “against Illinois’ public policy.”

… Read the rest

Posted on

#AD or #Deception: How the FTC’s Current Disclosure Framework Fails to Protect Consumers in an Algorithm-Driven Ecosystem

A Note by Arijeta Ajrulla

Download the Full Note Here

For more than a decade, social media has consistently grown and expanded around the world. By 2028, the total number of social media users is expected to hit over 6.05 billion individuals. Social media users span all ages, with 56.4 million users ages 11-26, and 36.9 million users ages 59-77; numbers expected to grow. Social media platforms include but are not limited to Instagram, Facebook, Snapchat, X (Twitter), Youtube, and TikTok.

… Read the rest

Posted on

Re-Ranking the Lottery: Statutory Limits on Wage-Weighted H-1B Selection

A Note by Giulnara Khatuaeva

Download the Full Note Here

For more than three decades, the H-1B program has operated within a statutory framework governing eligibility, wage protections, and numerical limits. The Immigration Act of 1990 created the modern H-1B classification for “specialty occupations.” The statute defines a “specialty occupation” in qualitative and educational terms, requiring both the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree in a specific field. … Read the rest

Posted on

When Does Arbitration Start? Questions of Jurisdictional Immunity from the D.C. Circuit Court’s Decision in NextEra Energy Global Holdings B.V. v. Kingdom of Spain

A Note by Young Su (Mike) Kim

Download the Full Note Here

On August 16, 2024, D.C. Circuit Judge Cornelia Pillard held that the District Court had jurisdiction over the Kingdom of Spain (“Spain”) to enforce the arbitral award it owed to investors in its renewable energy sector. Appealing the decision in the Supreme Court of the United States, Spain asserted the need for the Supreme Court to clarify the extent of a sovereign’s waiver and arbitration agreement required to meet the exceptions to sovereign immunity outlined in the Foreign Sovereign Immunities Act (“FSIA”). … Read the rest

Posted on

When Stability Becomes Risk: Reframing Stabilization Clauses for Adoptive Regulation

A Note by Edna Obiri

Download the Full Note Here

In long-term resource extraction projects, governments commit, through stabilization clauses, not to alter the legal and regulatory frameworks governing an investment after the contract is signed. These commitments reassure investors and lenders that the rules of the game will remain fixed. But what happens when those rules need to change? In practice, this promise of stability becomes problematic when regulatory conditions evolve. … Read the rest

Posted on

“Beyond the Popcorn:” Antitrust Law Fails to Keep Pace with the Evolving Entertainment Industry

A Note by Hunter Palandri

Download the Full Note Here

What happens when one of the most famous streaming services attempts to purchase another large streaming service with world-renowned titles such as Harry Potter, the Lord of the Rings, The Hobbits, and more? A vigorous antitrust investigation by the DOJ, political considerations, and business agendas may prevent a benefit to customers.

… Read the rest

Posted on

Planes, Pardons, and Portraying Watergate: The Reform Needed for Presidential Libraries

A Note by Cal Shaklee

Download the Full Note Here

At the opening of the first Presidential Library, President Franklin D. Roosevelt emphasized the importance of public access to presidential records, saying “[A nation] must, above all, believe in the capacity of its own people so to learn from the past that they can gain in judgment in creating their own future.” The Presidential Library system was founded by President Roosevelt on the belief that the papers he accumulated during his time in office were an important part of the nation’s heritage and therefore should be accessible to the public. … Read the rest

Posted on

Navigating the Section 1202(B) Divide: The Necessity of Lenient Pleading Standards in AI Copyright Disputes

A Note by Chen-Huan Wang

Download the Full Note Here

In today’s digital era, original creative works are seamlessly integrated into the online ecosystem, where creators routinely embed signatures, titles, and copyright notices directly onto their digital media. Consider an artist who uploads her digital illustration online, with her signature and copyright notice displayed alongside the image. Months later, an Artificial Intelligence company collects millions of images to train a generative AI model. … Read the rest

Posted on

Unsecure Health: What the BIOSECURE Act Could Mean for the Biopharmaceutical Industry

A Note by Megna Raghuraman

Download the full Note here.

On January 19, 2025, TikTok, a social media platform owned by Chinese company ByteDance which provides short form video content to over 170 million users, shut down in the United States. The bill to block TikTok was passed in April 2024 with an overwhelming majority in both the House and the Senate due to growing bipartisan fears of national security risks. The Supreme Court upheld the TikTok ban, sharing Congress’s national security concerns of TikTok’s collection of data privacy. However, the ban lasted a mere eighteen hours. The first day of President Trump’s term, his administration effectively stalled the ban and brought TikTok back to the U.S. via executive order. However, while the Trump administration appears supportive of TikTok in the U.S., the executive order only delays the ban: TikTok must eventually sever its ByteDance—and essentially Chinese—connection to maintain … Read the rest

Posted on

Comity, Chapter 15’s Public Policy Exception, and the Absolute Priority Rule

A Note by Christopher Stella

Download the full Note here.

Since chapter 15 of the Bankruptcy Code was enacted in 2006, there have been debates about when the public policy exception found in 11 U.S.C. § 1506 should apply to deny recognition of a foreign proceeding, law, or court order. Although some critics have made strong arguments in favor of a broad application of section 1506, the general rule among courts is to sparingly apply section 1506 and presume that recognition is proper. Despite the general rule in favor of recognition, courts have found some situations where section 1506 does apply. For instance, courts have applied section 1506’s public policy exception when core bankruptcy principles have been violated, or where statutory rights have been impinged. But courts have not fully addressed whether it would be proper to apply the public policy exception in a case where a foreign debtor’s … Read the rest