Vol. LVII No. 5

Nickel and Dimed into Incarceration: Cash Register Justice in the Criminal System

Abstract: Criminal justice debt has aggressively metastasized throughout the criminal system. A bewildering array of fees, fines, court costs, non-payment penalties, and high interest rates have turned criminal process into a booming revenue center for state courts and corrections. As criminal justice “administrative” costs have skyrocketed, the burden to fund the system has fallen largely […]

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The Lawyer as Public Figure for First Amendment Purposes

Abstract: Should lawyers be treated as public figures for purposes of defamation claims and, therefore, be subjected to a higher evidentiary standard of actual malice under the Supreme Court’s decision in New York Times Co. v. Sullivan? The question of whether lawyers should be treated as public figures raises broad questions about the nature of […]

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Collective Coercion

Abstract: When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their […]

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Free Speech & Disparaging Trademarks

Abstract: Speech law has silenced trademark. In In re Tam, the Federal Circuit ruled that the First Amendment requires Congress to grant trademark protection for disparaging speech. More specifically, the Federal Circuit held unconstitutional the provision of the Federal Lanham Act that denies trademark protection for marks that disparage. The Federal Circuit’s ruling, however, is […]

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Corporate Privacy Failures Start at the Top

Abstract: With the rise of big data, numerous corporations are in the privacy business. Yet even corporations not directly in the privacy business must also make important decisions potentially impacting the privacy of their employees, consumers, and shareholders. A wide consensus of scholars and commentators has agreed that corporations fail to adequately protect privacy. The […]

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“Profit, People, Planet” Perverted: Holding Benefit Corporations Accountable to Intended Beneficiaries

Abstract: For-profit social entrepreneurship is a steadily growing movement. As part of this movement, numerous states have enacted legislation authorizing the incorporation of benefit corporations, a new for-profit corporate form. In addition to generating profit for shareholders, benefit corporations must “create” a “public benefit.” The mandate that a for-profit corporation pursue a humanitarian cause in […]

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“Time Works Changes”: Modernizing Fourth Amendment Law to Protect Cell Site Location Information

Abstract: In 2012, federal juries convicted two men of armed robbery based in part on historical cell site location information (“CSLI”) evidence. Historical CSLI can reproduce a person’s location with great specificity. Cell phone users generate CSLI automatically by operating their cellular phones. These facts raise serious privacy concerns. This Note argues that Congress must […]

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Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’s Potential to Improve Health Care Access

Abstract: Telemedicine services, such as virtual consultations and remote patient monitoring, are revolutionizing health care delivery. The Patient Protection and Affordable Care Act of 2010 (“ACA”) promotes the use of technology in health care reform as a means to increase quality and access while reducing costs. Despite the excitement around telemedicine, the lack of Medicare […]

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Should YouTube’s Content ID Be Liable for Misrepresentation Under the Digital Millennium Copyright Act?

Abstract: YouTube has quickly become the dominant player in the Internet video sharing platform market. To keep its leading position, it created an internal automated system to police potential copyright infringements known as Content ID. Generally, that system functions similarly to third-party computer automated systems that send takedown requests, yet it is exempt from liability […]

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