Vol. LIV No. 1

Facebook and Interpersonal Privacy: Why the Third Party Doctrine Should Not Apply

Abstract:  Do communications over social networking sites such as Facebook merit Fourth Amendment protection? The Supreme Court has not directly answered this question and lower courts are not in agreement. The hurdle is the Third Party Doctrine, which states that a person does not have a reasonable expectation of privacy in any communication voluntarily disclosed […]

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Unregulated Internal Investigations: Achieving Fairness for Corporate Constituents

Abstract:  This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multimillion-dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate […]

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Disaster Tradeoffs: The Doubtful Case for Public Necessity

Abstract:  When government takes private property for a public purpose, the Fifth Amendment to the U.S. Constitution requires just compensation. Courts, however, have long recognized an exception to takings law for the destruction of private property when necessary to prevent a public disaster. In those circumstances, unless the state accepts an obligation to pay damages, […]

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Deferring to Secrecy

Abstract:  In prescribing de novo judicial review of agencies’ decisions to withhold requested information from the public under the Freedom of Information Act (FOIA), Congress deliberately and radically departed from the typical deferential treatment courts are required to give to agencies. Nonetheless, empirical studies demonstrate that the de novo review standard on the books in […]

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Trademarks for the Cure: Why Nonprofits Need Their Own Set of Trademark Rules

Abstract:  When the Lanham Trademark Act was originally drafted in 1946, it is unlikely that Congress contemplated that trademarks would be used not only by commercial businesses but also by large nonprofits with a national reach. Today, several nonprofits have grown into highly recognizable brands that wish to protect their valuable trademarks, both to ensure […]

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Check Fraud and the Variation of Section 4-401: Why Banks Should Not Be Able to Vary the UCC’s Standard Risk Allocation Scheme

Abstract:  Uniform Commercial Code Article 4 governs both a bank’s duties in collecting checks for payment as well as its duties to its depositors. Section 4-401 provides that a bank can charge an item to a customer’s account only if it is properly payable. For an item to be properly payable, it must be authorized […]

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School Attrition Through Enforcement: Title VI Disparate Impact and Verification of Student Immigration Status

Abstract:  In recent years, efforts in state legislatures to enact comprehensive immigration regulations have become increasingly pervasive. When Alabama enacted a comprehensive immigration law in 2011, it became only the third state in three decades to require public school personnel to inquire into schoolchildren’s immigration status. Although section 28 of the Beason-Hammon Alabama Taxpayer and […]

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Feeling Inadequate?: The Struggle to Define the Savings Clause in 28 U.S.C. § 2255

Abstract:  Federal prisoners who wish to mount a collateral challenge to their conviction or sentence are generally prohibited from making their claim via the writ of habeas corpus and are forced to proceed under a similar procedure set out in 28 U.S.C. § 2255. After the passage of the Antiterrorism and Effective Death Penalty Act […]

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Corporate Victims of “Victimless Crime”: How the FCPA’s Statutory Ambiguity, Coupled with Strict Liability, Hurts Businesses and Discourages Compliance

Abstract:  The Foreign Corrupt Practices Act (“FCPA”), a federal law that outlaws corporate bribery of foreign officials, is the key legislation in the fight against global corruption. Unfortunately, despite the long-awaited guidance recently issued by the Department of Justice, the unpredictability and severity of FCPA enforcement, coupled with the lack of an affirmative defense in […]

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