Net Neutrality: Individual Privacy at Risk

Source: www.thebostoncalendar.com

By Jason Shultz

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Internet Service Providers (ISPs) have gained power to limit people’s access to the internet. In March 2017, Congress reversed regulations imposed on ISPs under the Obama Administration. These regulations protected internet consumers from having their access to the internet restricted by ISPs. This note examines the history of net neutrality and why removing regulations on ISPs is dangerous for internet consumers. People are now at risk of having their data sold and being limited in which websites are available through their ISP.… Read the rest

Specters of the Privatized Punishment: Erosions of Civil Liberties in Juvenile Prisons

Source: www.borgenproject.org

By Kelly Chen

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As juvenile offenders have been increasingly incarcerated in private prisons in the United States, issues have emerged regarding the material and legal impacts of the new privatized settings. In similar vein, this Note considers the pressing issue of how infringement on the civil rights of juvenile offenders are troubling collateral consequences of private juvenile correctional and detention centers that primarily strive to meet certain business goals. By examining the historical trajectory of private juvenile facilities and detailing their longstanding precarious living conditions and institutional practices and analyzing the constitutionality of the privatized penal state, this Note argues that private juvenile prisons, as they operate today, should conclude. In favor of structural changes that instill principles of rehabilitative or restorative justice, this Note asserts that community-based, progressive models of juvenile imprisonment should become the new alternative.… Read the rest

Equating Cybertravel with Physical Travel: the Key to Preserving a Borderless Internet Without Violating U.S. Copyright Law

Source: Hulu

By Michal Nowicki

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This Note explores the legality of cybertravel— the use of technological measures to trick a website into believing that the user is accessing it from a different location — under § 1201 of the Digital Millennium Copyright Act (DMCA) to access territorially-restricted, copyright-protected digital content not available in the user’s physical location. Internet users cybertravel to bypass territorial restrictions for several reasons, including to access television shows and movies before they lawfully become available in their home country, and to access otherwise unavailable live streams of live events with less commercial interruptions. Although this Note concedes that the plain language of the DMCA seems to outlaw copyright-infringing cybertravel, it encourages courts to exclude such cybertravel from DMCA coverage by equating it with physical travel. If adopted, this approach would shield cybertravelers from civil liability because they would be legally deemed within … Read the rest

Liquid Aloha: A Case on Beer Brewed on the Shores of the Hawaiian Islands or the Banks of the Big Muddy

Source: www.americancraftbeer.com

By Joe Yeoman

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This Note explores the recent complaint filed against Kona Brewing Co., and the Note argues that the case should not be dismissed on a failure to state a claim. The consumers in the complaint allege that Kona. misrepresented where Kona’s beer is brewed. The complaint alleges that Kona markets that their beer is brewed on the Hawaiian Islands, when it is in fact brewed on the continental United States. The marketing of the beer as a Hawaiian beer remains an important component in the brand’s growth. This Note examines comparable case law that will help the District Court with the complaint. Additionally, this Note proposes how the District Court should rule on Kona’s Motion to Dismiss.… Read the rest

Toeing the Line: Ivanka Trump and Jared Kushner’s Possible Conflicts of Interest as Federal Employees

Source: Alex Brandion/AP via www.nydailynews.com

By Elizabeth Rice

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Federal employees are required to adhere to ethical standards of conduct, including eliminating conflicts of interest that may arise from their business and financial assets.  In their roles as federal employees, Ivanka Trump and Jared Kushner continue to hold business and financial assets that may result in conflicts of interest in the course of their duties.  This note provides a general background about federal conflicts of interest, including the process of divestiture federal employees must follow.  It then examines more closely the problematic assets of Ivanka Trump and Jared Kushner, and the ways in which they may manage these assets so as to avoid conflicts of interest.… Read the rest

In Case of ERISA Violation: Exhaust the Exhaustion Requirement

Source: Wai/Ikon Images/Corbis via www.thinkadvisor.com

By Niya Ge

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This Note argues that when a cause-of-action is based on a statutory breach, employee benefit plan participants and beneficiaries under ERISA should not be mandated to exhaust internal administrative remedies provided by the plan before filing suit in district court. This Note provides a brief background of the relevant ERISA provisions, and will then overview various court decisions and rationales falling on both sides of the issue. This Note argues that an administrative exhaustion requirement does not align with the plain language and Congressional intent of ERISA, and such a reading will only force aggrieved participants and beneficiaries to partake in an inefficient and futile procedural obstacle.… Read the rest

Staying the Night: Integrating Home-Sharing Platforms into the Hospitality Industry

Source: Broad City, “B&B-NYC” (2016)

By Bryan Boccelli

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Home-sharing platforms such as Airbnb have taken the hospitality industry by storm over the last decade, and show no signs of slowing down in terms of use and popularity. This note argues for a better integration of the home-sharing economy into the hospitality industry. An integration such as the one proposed would streamline regulations and taxes applied to short-term living situations such as those applied to the hotel industry. Conversely, there are some aspects of home-sharing that would be beneficial if applied to the hotel industry that would be mutually beneficial. By working to better integrate these two portions of the hospitality industry, the result could be a great benefit to not only the consumer, but to hotel owners, home-sharing patrons, and state economies.… Read the rest

Cosmetics Regulations: Loopholes in the FDA

Source: on file with author

By Claire Chung

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Cosmetic products in U.S. are very loosely regulated primarily because of the lack of enforcement mechanisms of the regulatory agency. This Note highlights the loopholes in FDA regulation and compares the regulatory scheme in U.S. and EC. There have been efforts both on the federal and state legislation such as introducing Personal Care Products Safety Act Proposal, enacting the California Safe Cosmetics Act of 2005 and Voluntary Cosmetic Registration Program. This Note proposes that the U.S. should pass the Personal Care Products Safety Act to enhance the current regulatory scheme in the U.S., which will make it more aligned with EC policies in cosmetics safety.… Read the rest

Internet Speech as Commerce: Tackling the Violent Left

Source: Getty Images via www.bbc.com

By Julian Jankowski

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A faction of the left has so increased in boldness in the past few years as to cause violence and an effective reign of terror to any who would dare question the faction’s central tenants.  This faction under the name Antifa gained in strength through the support of college students, academics, university administration, and technological giants that traffic in the dissemination of information.  This constitutes a clear and present threat to the health of the body politic of the United States.  This threat in universities must be met by removing university courses and policies that lend its strength to this violent faction on the left, and by implementing anti-propaganda policies in universities to ensure this threat is not repeated.  Further, technological companies must be given monetary and tax subsidies to create an incentive for affected technological companies to … Read the rest

Keeping an AI on Technological Advances in Business Law

Source: The Economist

By Elizabeth Rice

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This Note explores the role that artificial intelligence plays in the legal world today and the ways in which it may affect the legal profession in the future.  Artificial intelligence programs are being used in a variety of ways to streamline legal research, contracts analysis, and many other tedious and time-consuming legal processes.  As this technology develops, many lawyers are concerned that these efficient programs will begin to replace lawyers, especially at the lower level of big law firms, while others welcome the benefits that this technology will bring to law firms.  This Note touches on competing views concerning the implications of the use of artificial intelligence in the legal field, and how the implementation of these programs will ultimately benefit the profession as a whole.… Read the rest