Katherine M. Koza "argues that a new U.N. cybercrime treaty should build on the strengths of the Budapest Convention by including a clearer 'extradite-or-prosecute' requirement for its signatories and by creating strong privacy requirements to counterbalance the risks created by any data-sharing provisions."
Category: Post
Tyler Mikulis proposes that courts allow cases with anonymous John Doe defendants "to continue under diversity jurisdiction" but that "plaintiffs ought to be required to make a good faith effort to identify the citizenship of any Doe defendants" and that courts should "allow limited, and temporary, jurisdictional discovery" to permit plaintiffs to do so.
Tahnee Thantrong Monnin analyzes a textual difference between §§ 3604(a) and (f) of the Fair Housing Act and concludes, based on a line of cases extending the Fair Housing Act's protections to residents of homeless shelters, "that third-party consideration is and should be sufficient for purposes of applying §§ 3604(a) and (f)."
Profs. Adriana Z. Robertson and Sarath Sanga argue "that an ESG fund must establish a consistent link among the fund’s stated ESG purpose, its ESG investing strategy, and—crucially—the portfolio-level ESG metric." Then, the authors "propose a practical approach to constructing portfolio-level ESG metrics and explain how, in light of [that] analysis, ESG fund managers and the SEC should act."
Responding to Profs. Chander & Schwartz’s Privacy and/or Trade, Profs. Kristina Irion, Margot E. Kaminski & Svetlana Yakovleva argue that "international trade as a regime is fundamentally the wrong forum for striking a balance" between "the free flow of information and the protection of data privacy."
Erin Yonchak, writing on stealthing and on rape exceptions to state abortion bans, concludes that, first, "[c]urrent rape law does not capture a swath of sexual violence, like stealthing—and rape exceptions, as written, do little to provide options for those victims," and second, "if providing abortion access to sexual violence survivors is a priority for legislators in abortion-restricted states, rape exceptions should be broadened to expansively define 'rape' as any unwanted sexual conduct and divorce rape exceptions from the criminal system, which remains an inadequate mechanism for victims of sexual violence."
Danielle Tyukody "presents an argument to permit greater disclosure of grand jury legal instructions by lowering the standard defendants must meet for the court to authorize disclosure of the instructions."
Joaquin Gonzalez argues that E.U. Members States should pass "a farm animal welfare law mimicking California’s Prop 12" and that this approach "would be legal under an exception for laws regarding public morality."
Evan Blanchard-Wu first outlines "the history of Marsy's Laws" and related victims' rights efforts and then "explores the implications" of the Marsy's Law right "to reasonable protection from the accused."
Josh J. Leopold examines "two divergent causation standards endorsed by courts in [False Claims Act] claims predicated on [Anti-Kickback Statute] violations," ultimately concluding that a "but-for causation standard should be disfavored by courts in these cases."