The Abrogation of Article 370 and the Fate of Kashmir: Can States Stop Being States?
The Abrogation of Article 370 and the Fate of Kashmir: Can States Stop Being States?

Nestled between India and Pakistan, Kashmir has been involved in a tug of war between the two countries since its formation on October 26, 1947. As a Muslim majority state which acceded to India, a Hindu majority nation, Kashmir was given special status and considerable autonomy as conditions to this accession. For years, this arrangement allowed Kashmir to preserve its cultural autonomy. However, on August 5, 2019, the Indian government revoked this special status, rendering Kashmir’s constitution invalid and demoting it from the status as a state to that of a union territory.

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Anonymous Writerconstitution, Constitutional law, Kashmir, India, Article 370
Vicarious Liability in Modern Data Regulation
Vicarious Liability in Modern Data Regulation

The GDPR has broadly introduced more extensive laws regarding how personal data is defined as well as how firms process and store data personal data, ultimately giving the owner of the data more agency over how it is used. In light of this law coming into force, firms have been reviewing their data protection procedures. However, some firms fail to realize this is not enough to protect them from liability in data breaches.

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fall 2019Zara Tayebjeedata, privacy, Europe, employersComment
The Aloha Poke Case: When Trademarks Facilitate Misappropriation
The Aloha Poke Case: When Trademarks Facilitate Misappropriation

Similar cases demonstrate a double standard in which other words that are common to a Western lexicon are considered “generic” and do not receive trademark protection. This discrepancy between how minority groups in the U.S. and the USPTO evaluate generality indicate that our legal system is not currently equipped for the handling of culturally charged intellectual property. 

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fall 2019Sophie LeeComment
Rosenbach v. Six Flags Entertainment Corp.: Implications for the Right to Biometric Privacy
Rosenbach v. Six Flags Entertainment Corp.: Implications for the Right to Biometric Privacy

Rosenbach v. Six Flags Entertainment Corp. (2019), reached the Illinois Supreme Court on appeal. Importantly, the court was not deliberating on the constitutionality of the law itself, but instead on questions over the correct implementation of the law. Nonetheless, Rosenbach sets a precedent in biometric privacy law that could be a deciding factor in a related biometric privacy case likely to be brought before the Supreme Court.

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fall 2019JiHoon KoBiometric Information, Privacy Law, Illinois Supreme Court, BIPAComment
The Internet as a Place of Public Accommodation: Are Business Websites Required to Be ADA Compliant?
The Internet as a Place of Public Accommodation: Are Business Websites Required to Be ADA Compliant?

While businesses cite costs of accessibility and legal fees as reasons to not ensure their sites’ ADA compliance, it is crucial to consider lawmakers’ intentions when evaluating relevant cases. In order to achieve the ADA’s initial intent to ensure full inclusion of Americans with disabilities, especially in the age of technological advances, local and federal courts must rule that the ADA does indeed apply to business websites, particularly when they are providing a service available to the general public.

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fall 2019Katy BrennanAccessibility, ADA, Accommodation, Internet, BusinessComment
Pitfalls and Promises of the Alien Tort Statute: In Pursuit of Corporate Accountability
Pitfalls and Promises of the Alien Tort Statute: In Pursuit of Corporate Accountability

Given the increasing magnitude of the U.S.-China relationship, it is worth examining the implications of these rulings, as well as the Court’s asserted interest in diplomacy, against the backdrop of the ongoing U.S.-China trade war. A closer look at this diplomatic breakdown suggests that whether the ATS retains its remaining strength or not, the federal government ought to be prudent in weakening legal means to enforce corporate accountability, especially when consequential bilateral relations are at stake.

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fall 2019Jessica LinAlien Tort Statute, human rights, international law, corporate accountabilityComment
Facebook: The Changing Tides of Antitrust Regulation
Facebook: The Changing Tides of Antitrust Regulation

Given Facebook’s apparent immunity to the detrimental effects of scandals that would significantly impact companies in less heterogeneous markets, it therefore is no surprise that the government is investigating whether Facebook has engaged in illegal methods of consolidating market power. Should the government find fault in Facebook’s actions, one potential option is to force Facebook to spin off its subsidiaries by acting through the courts.

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fall 2019Philip JangComment