Subjects -> LAW (Total: 1397 journals)
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LAW (843 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Revista de Ciencias Forenses de Honduras     Open Access  
Revista de Ciencias Jurídicas     Open Access   (Followers: 1)
Revista de Ciências Jurídicas     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho (Concepción)     Open Access  
Revista de Derecho (Coquimbo)     Open Access  
Revista de Derecho Comunitario Europeo     Open Access  
Revista de Derecho de la Pontificia Universidad Católica de Valparaíso     Open Access  
Revista de Derecho de la Seguridad Social, Laborum     Open Access  
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Derecho de la Universidad Nacional del Altiplano de Puno     Open Access   (Followers: 1)
Revista de Derecho Fiscal     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Público     Open Access  
Revista de Direito     Open Access  
Revista de Direito Agrário e Agroambiental     Open Access  
Revista de Direito Ambiental e Socioambientalismo     Open Access  
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de Direito da Administração Pública     Open Access  
Revista de Direito da Faculdade Guanambi     Open Access  
Revista de Direito Sanitário     Open Access  
Revista de Direito Sociais e Políticas Públicas     Open Access  
Revista de Educación y Derecho     Open Access  
Revista de Estudios de la Justicia     Open Access  
Revista de Estudios Historico-Juridicos     Open Access   (Followers: 1)
Revista de Estudios Jurídicos y Criminológicos     Open Access  
Revista de Estudos Empíricos em Direito     Open Access  
Revista de Estudos Institucionais     Open Access  
Revista de Historia del Derecho     Open Access   (Followers: 1)
Revista de la Facultad de Derecho     Open Access  
Revista de la Facultad de Derecho (Universidad Nacional de Córdoba)     Open Access  
Revista de la Facultad de Derecho : Universidad de la República     Open Access  
Revista de la Facultad de Derecho y Ciencias Políticas     Open Access  
Revista de la Maestría en Derecho Procesal     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista de Llengua i Dret     Open Access  
Revista de Movimentos Sociais e Conflitos     Open Access  
Revista de Processo, Jurisdição e Efetividade da Justiça     Open Access  
Revista de Sociologia, Antropologia e Cultura Jurídica     Open Access  
Revista Derecho del Estado     Open Access  
Revista Digital de Derecho Administrativo     Open Access  
Revista Direito e Práxis     Open Access   (Followers: 1)
Revista Direito GV     Open Access  
Revista Direitos, Trabalho e Política Social     Open Access  
Revista do Curso de Direito     Open Access  
Revista do Curso de Direito do Centro Universitário Brazcubas     Open Access  
Revista dos Estudantes de Direito da UnB     Open Access  
Revista Electrónica Cordobesa de Derecho Internacional Público : RECorDIP     Open Access  
Revista Eletrônica de Direito Processual     Open Access  
Revista Eletrônica do Curso de Direito - PUC Minas Serro     Open Access  
Revista Española de Medicina Legal     Full-text available via subscription   (Followers: 1)
Revista Estudios Jurídicos     Open Access  
Revista Estudios Socio-Jurídicos     Open Access   (Followers: 1)
Revista Eurolatinoamericana de Derecho Administrativo     Open Access  
Revista Facultad de Jurisprudencia     Open Access  
Revista Historia y Justicia     Open Access  
Revista Icade. Revista de las Facultades de Derecho y Ciencias Económicas y Empresariales     Full-text available via subscription  
Revista Interdisciplinar de Direito     Open Access  
Revista Internacional CONSINTER de Direito     Open Access   (Followers: 2)
Revista Internacional de Derecho del Turismo     Open Access  
Revista Internacional de Doctrina y Jurisprudencia     Open Access  
Revista IUS     Open Access  
Revista Jurídica     Open Access  
Revista Jurídica : Investigación en Ciencias Jurídicas y Sociales     Open Access   (Followers: 1)
Revista Jurídica Crítica y Derecho     Open Access   (Followers: 1)
Revista Jurídica da UFERSA     Open Access  
Revista Jurídica de Asturias     Open Access  
Revista Jurídica de la Universidad de León     Open Access  
Revista Jurídica IUS Doctrina     Open Access  
Revista Jurídica Portucalense/Portucalense Law Journal     Open Access  
Revista Jurídica Universidad Autónoma de Madrid     Open Access  
Revista Latinoamericana de Derecho Social     Open Access   (Followers: 2)
Revista Latinoamericana de Derechos Humanos     Open Access   (Followers: 2)
Revista Opinión Jurídica     Open Access  
Revista Pedagogía Universitaria y Didáctica del Derecho     Open Access  
Revista Persona y Derecho     Full-text available via subscription  
Revista Processus de Estudos de Gestão, Jurí­dicos e Financeiros     Open Access   (Followers: 2)
Revista Quaestio Iuris     Open Access  
Revue du Droit des Religions     Open Access   (Followers: 1)
Revue générale de droit     Full-text available via subscription   (Followers: 3)
Revue internationale de droit pénal     Full-text available via subscription  
Revue pro právo a technologie     Open Access  
Riau Law Journal     Open Access  
Roger Williams University Law Review i     Open Access  
RUDN Journal of Law     Open Access  
Rule of Law and Anti-Corruption Center Journal     Open Access   (Followers: 1)
Russian Politics & Law     Full-text available via subscription   (Followers: 7)
Santa Clara Computer & High Technology Law Journal     Open Access   (Followers: 6)
Santa Clara Law Review     Open Access  
Santé mentale et Droit     Full-text available via subscription   (Followers: 3)
SASI     Open Access   (Followers: 2)
Science & Justice     Hybrid Journal   (Followers: 311)
ScienceRise : Juridical Science     Open Access  
Scientiam Juris     Open Access   (Followers: 1)
Scientometrics     Hybrid Journal   (Followers: 42)
SCRIPTed - A Journal of Law, Technology & Society     Open Access   (Followers: 16)
Seattle Journal for Social Justice     Open Access   (Followers: 3)
Seattle University Law Review     Open Access   (Followers: 3)
Seqüência : Estudos Jurídicos e Políticos     Open Access  
Seton Hall Journal of Sports and Entertainment Law     Open Access   (Followers: 3)
Seton Hall Law Review     Open Access   (Followers: 2)
Sexual Offending : Theory, Research, and Prevention     Open Access   (Followers: 2)
Singapore Academy of Law Journal     Full-text available via subscription  
Singapore Journal of Legal Studies     Full-text available via subscription   (Followers: 2)
Social & Legal Studies     Hybrid Journal   (Followers: 12)
Società e diritti     Open Access  
Sociologia del diritto     Full-text available via subscription   (Followers: 1)
Sociological Jurisprudence Journal     Open Access   (Followers: 1)
South African Crime Quarterly     Open Access   (Followers: 4)
South African Journal of Bioethics and Law     Open Access   (Followers: 1)
South East European University Review (SEEU Review)     Open Access   (Followers: 2)
Southern Illinois University Law Journal     Open Access   (Followers: 1)
Spanish Journal of Legal Medicine     Hybrid Journal   (Followers: 1)
Sri Lanka Journal of Forensic Medicine, Science & Law     Open Access   (Followers: 2)
St. John's Law Review     Open Access   (Followers: 1)
Stanford Law & Policy Review     Full-text available via subscription   (Followers: 5)
Stanford Law Review     Free   (Followers: 40)
Stanford Technology Law Review     Free   (Followers: 3)
Statute Law Review     Hybrid Journal   (Followers: 22)
Statutes and Decisions : Laws USSR     Full-text available via subscription   (Followers: 1)
Strategic Direction     Hybrid Journal   (Followers: 1)
Studenckie Zeszyty Naukowe     Open Access  
Studia Canonica     Full-text available via subscription  
Studia Iuridica Lublinensia     Open Access  
Studia Iuridica Toruniensia     Open Access  
Studia z Prawa Wyznaniowego     Open Access   (Followers: 1)
Studies in Social Justice     Open Access   (Followers: 8)
Suffolk University Law Review     Free  
Suhuf     Open Access  
Supremasi Hukum : Jurnal Penelitian Hukum     Open Access  
Supreme Court Review, The     Full-text available via subscription   (Followers: 6)
Sustainable Development Law & Policy     Open Access   (Followers: 12)
Swiss Political Science Review     Hybrid Journal   (Followers: 10)
Sydney Law Review     Full-text available via subscription   (Followers: 13)
Syiar Hukum     Open Access  
Tanjungpura Law Journal     Open Access  
Te Mata Koi : Auckland University Law Review     Full-text available via subscription   (Followers: 8)
Teisė : Law     Open Access  
Temas Socio-Jurídicos     Open Access  
Texas Journal of Women and the Law     Full-text available via subscription   (Followers: 1)
Texas Law Review     Free   (Followers: 10)
The American Lawyer     Full-text available via subscription   (Followers: 1)
The Journal of Legislative Studies     Hybrid Journal   (Followers: 13)
The Jurist : Studies in Church Law and Ministry     Full-text available via subscription   (Followers: 1)
The Modern American     Open Access   (Followers: 1)
THEMIS - Revista de Derecho     Open Access   (Followers: 1)
Theoretical Criminology     Hybrid Journal   (Followers: 44)
Theory and Practice of Legislation     Full-text available via subscription   (Followers: 2)
Tidsskrift for erstatningsrett, forsikringsrett og trygderett     Full-text available via subscription  
Tidsskrift for Rettsvitenskap     Full-text available via subscription  
Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review     Hybrid Journal   (Followers: 14)
Tilburg Law Review     Open Access   (Followers: 5)
Toruńskie Studia Polsko-Włoskie     Open Access  
Touro Law Review     Open Access  
Transnational Environmental Law     Hybrid Journal   (Followers: 8)
Transnational Legal Theory     Hybrid Journal   (Followers: 5)
Transport Policy     Hybrid Journal   (Followers: 12)
Transportation Planning and Technology     Hybrid Journal   (Followers: 8)
Trusts & Trustees     Hybrid Journal   (Followers: 10)
Tulane Law Review     Open Access   (Followers: 3)
Tulsa Law Review     Open Access   (Followers: 1)
UCLA Entertainment Law Review     Open Access  
UCLA Journal of Environmental Law and Policy     Open Access   (Followers: 1)
UCLA Law Review     Free   (Followers: 8)
UCLA Women's Law Journal     Open Access   (Followers: 2)
Udayana Journal of Law and Culture     Open Access  
UIR Law Review     Open Access  
Universitas : Revista de Filosofía, Derecho y Política     Open Access   (Followers: 2)
University of Baltimore Journal of Land and Development     Open Access  
University of Baltimore Law Forum     Open Access  
University of Baltimore Law Review     Open Access  
University of Chicago Law Review     Full-text available via subscription   (Followers: 19)
University of Chicago Law School Record     Open Access  
University of Cincinnati Law Review     Open Access   (Followers: 1)
University of Kansas Law Review     Open Access  
University of Massachusetts Law Review     Open Access   (Followers: 1)
University of Miami Business Law Review     Open Access   (Followers: 2)
University of Miami Inter-American Law Review     Open Access  
University of Miami Law Review     Free   (Followers: 3)
University of Miami National Security & Armed Conflict Law Review     Open Access  
University of Miami Race & Social Justice Law Review     Open Access   (Followers: 1)
University of New Brunswick Law Journal     Open Access   (Followers: 2)
University of New South Wales Law Journal, The     Full-text available via subscription   (Followers: 15)
University of Pittsburgh Law Review     Open Access   (Followers: 2)
University of Queensland Law Journal     Full-text available via subscription   (Followers: 11)
University of St. Thomas Law Journal     Open Access  
University of Toronto Law Journal     Full-text available via subscription   (Followers: 14)
University of Vienna Law Review     Open Access  
UNLV Gaming Research & Review Journal     Open Access   (Followers: 2)
Unnes Law Journal     Open Access  
USFQ Law Review     Open Access  
Utrecht Law Review     Open Access   (Followers: 4)
Uyuşmazlık Mahkemesi Dergisi     Open Access  
Valparaiso University Law Review     Open Access   (Followers: 2)
Vanderbilt Law Review     Free   (Followers: 5)
Varia Justicia     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
University of Miami Business Law Review
Number of Followers: 2  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1047-2819
Published by U of Miami Homepage  [6 journals]
  • The COVID–19 Pandemic Highlighted the Need for Mandated ESG
           Disclosures: Now What'

    • Authors: Nicholas P. Mack
      Abstract: This is not simply your run–of–the–mill COVID–19 article. Instead, this article highlights a salient issue that has been right in front of our eyes this whole time and COVID–19 simply took our blinders off. ESG—short for environmental, social, and governance—is gaining significant momentum both at the firm level and in investment strategy, yet the SEC is trailing behind in ensuring the market is adequately informed of firms’ ESG information. It is important to note that the COVID–19 pandemic initially threw the market into an unanticipated downward spiral; however, many ESG funds still managed to outperform the market in the midst of this financial downturn. Why is that and where do we go from here'
      PubDate: Wed, 09 Mar 2022 06:09:28 PST
       
  • The Increased Use and Permanency of Technology: How Those Changes Impact
           Attorneys’ Professional Responsibility and Ethical Obligations to
           Clients and Recommendations for Improvement

    • Authors: Scott B. Piekarsky
      PubDate: Wed, 09 Mar 2022 06:09:28 PST
       
  • Rationing Healthcare During a Pandemic: Shielding Healthcare Providers
           from Tort Liability in Uncharted Legal Territory

    • Authors: Frederick V. Perry et al.
      Abstract: As the coronavirus pandemic intensified, many communities in the U.S. experienced shortages of ventilators, ICU beds, and other medical supplies and treatment. There was no single national response providing guidance on the allocation of scarce healthcare resources. There has been no consistent state response either. Instead, various governmental and nongovernmental state actors in several but not all states formulated “triage protocols,” known as Crisis Standards of Care, to prioritize patient access to care where population demand exceeded supply. One intended purpose of the protocols was to immunize or shield healthcare providers from tort liability based on injuries resulting from a medical decision rationing access to care. Research shows that various state protocols have been implemented to this end by either executive order issued by the governor; state legislation; or action by individual hospital ethics boards. This paper examines a legal question of first impression: Whether the right to institute suit for pandemic related healthcare injuries can be constitutionally eliminated using state triage protocol immunity provisions passed by executive order or state statute during the pandemic. The paper concludes that healthcare providers may still be subject to some legal liability depending upon each state’s unique constitutional grant of powers to the executive and legislative branches and the dictates of the Fourteenth Amendment.
      PubDate: Wed, 09 Mar 2022 06:09:27 PST
       
  • Front Matter and Table of Contents

    • PubDate: Wed, 09 Mar 2022 06:09:26 PST
       
  • With Coronavirus Ravaging the Economy, Congress Shows Highest Tax
           Priorities: An Exploration of the Provisions in the CARES Act and Beyond

    • Authors: Paul Nylen et al.
      Abstract: The virus known as SARS–CoV–21 (Coronavirus) swept over the United States in ways that no other crisis has affected modern society. While the Spanish Flu of 1918 has often been cited for its pandemic similarities to the Coronavirus, from an economic standpoint the attacks of September 11, 2001, and the Great Recession of 2008 are perhaps the Coronavirus’s best analogy for the modern economic carnage that has occurred. In those previous events, Congress responded with sweeping legislation like Dodd–Frank and the Patriot Act. With the Coronavirus, Congress responded with the CARES Act. Within the CARES Act are historical changes to the tax code. By exploring the provisions of the CARES Act, taxpayers receive a glimpse into Congress’s highest priorities in times of crisis. This article explores those changes in the tax law with the hope of providing taxpayers some insight into which priorities Congress views as most vital to a country in crisis.
      PubDate: Wed, 08 Dec 2021 08:42:23 PST
       
  • On Solid Ground: How Sterling Strengthened Airspace Ownership Rights in
           Florida

    • Authors: Nicolas Torres
      Abstract: No other form of property ownership is as synonymous with Florida as the condominium. While ownership of airspace was possible under common law, modern condominiums are more accurately described as creatures of statute. Although the Florida Condominium Act (FCA) expressly provides for fee simple airspace ownership of condominium property, it had been unclear if the Act could provide for fee simple airspace ownership of non–condominium property. Sterling Breeze v. New Sterling Resorts cleared up that ambiguity and found that the FCA can provide for fee simple ownership of non–condominium airspace. First, this note will review the development of airspace ownership rights as they relate to condominiums within both common law and statutory regimes. Next, this note will explain key provisions of the FCA as well as Florida case law relevant to airspace ownership. This note will then discuss Sterling Breeze v. New Sterling Resorts which tested whether, under the Florida Condominium Act, non–condominium airspace can be owned in fee simple if the non–condominium airspace was described in a condominium declaration. Adopting a contract–based approach that looks to condominium declarations governed by the FCA, the Sterling Breeze court affirmed that non–condominium airspace can be owned in fee simple if that airspace was described in the declaration creating the condominium. This note will then consider potential benefits of the contract–based approach to airspace ownership adopted in Sterling Breeze and briefly discuss the urban planning and land–use benefits that flow from including non–condominium airspace within the FCA’s scope. This note concludes with a consideration of how Florida common law may also provide for fee simple airspace ownership outside of the Florida Condominium Act.
      PubDate: Wed, 08 Dec 2021 08:42:22 PST
       
  • Buyer Beware: Who Is Paying the Home Buyer’s Real Estate Agent'

    • Authors: Melissa Stewart
      Abstract: Within the past few years, unprecedented class action lawsuits have been filed against the National Association of Realtors (“NAR”) and major real estate brokerage firms that could have multibillion-dollar implications to homeowners across the United States. One lawsuit claims that NAR rules requiring home sellers’ brokers (“seller-broker”) to offer home buyers’ brokers’ (“buyer-broker”) compensation when listing a property on a local database of properties for sale called the Multiple Listing Service (“MLS”) have driven up costs to the seller and discouraged competition, violating the Sherman Antitrust Act. This commission structure has been upheld in the courts before, but the real estate industry has changed over the years. Technology has had the biggest impact on the real estate industry in recent years. Technology has caused real estate agents’ services to become more expedited and efficient. For example, buyers now have the ability to find property on their own due to real estate websites.
      Technology like the MLS and current real estate commission rules have been blamed for setting a standard commission that has inflated real estate costs, causing stifled negotiations in real estate transactions and triggering steering of clients to properties with the highest commissions for the real estate agents. However, NAR argues just the opposite of this. NAR contends that its rules and enforcement of its rules on the MLS provide sellers with an increased opportunity to sell their homes by marketing it on an industry-wide platform.
      The verdicts of pending recent lawsuits will not just be felt by the defendants whom could find themselves potentially liable for millions of dollars. These verdicts will have a historic impact on the entire real estate industry and all American homeowners by changing the way real estate transactions have been conducted in the United States for years. If buyers had to pay their brokers’ real estate commissions, this would discourage buyers from attaining real estate agents, which could lead to buyers entering into one of the biggest purchase of their life without a professional, potentially leading to more lawsuits.
      Consequently, even though sellers have various options when selling their home that do not force a standard real estate commission for the seller-broker and buyer-broker, how could current commission structures violate an act meant to prohibit restraints on trade' Although many homeowners argue that in today’s modern era buyers should pay the buyer-broker commission, this Comment explores why having sellers pay the buyer-broker commission is beneficial and supported from an antitrust, economic, and equitable perspective.(
      PubDate: Wed, 08 Dec 2021 08:42:22 PST
       
  • Divorcing Partners and Fighting Siblings: Using the Collaborative Law
           Model to Resolve Disputes in Family Businesses

    • Authors: Hayley R. Goodman
      Abstract: This paper focuses on the ways that collaborative law can be used to resolve family business disputes. Such disputes can get ugly and leave families and businesses in shambles after years of fighting and even litigation. Such disputes can involve those between divorcing partners, parents and children, extended family members, and new and ex partners. Sometimes, these disputes cannot be resolved, forcing family members to sell all or part of the company. Moreover, when families try to resolve disputes through litigation, they end up spending a lot of money. Mediation is often used to resolve disputes in the family business context, but this note shows why collaborative law may be more suitable for resolving family business disputes. Collaborative law stems from the family law field, particularly in the divorce context. This form of alternative dispute resolution requires that parties share retained experts, disclose all facts related to the dispute, and be committed to a win–win resolution. Furthermore, collaborative law requires attorneys to be committed to settling the dispute, because if they do not settle and any party goes to court, the attorneys are contractually barred from representing the parties in the ensuing litigation. Family business disputes are emotional, and more than other sort of business dispute, saving the relationship is a common goal. Additionally, in a family business, no party truly wants to harm the other party (at least financially) because financial stability is crucial to the business’s success. Collaborative law lends itself to resolving family business disputes in several ways. Collaborative law focuses on maintaining relationships, which is often important for people’s professional and personal lives. Also, the use of shared experts helps to ensure that the business remains successful. Finally, collaborative law can save businesses time and money as the parties create a sustainable solution, hopefully without the need for further mediation or litigation. As collaborative law grows into areas outside of the divorce law realm, the legal community and collaborative law organizations should adapt to extend collaborative law to different kinds of legal disputes.
      PubDate: Wed, 08 Dec 2021 08:42:21 PST
       
  • Front Matter and Table of Contents

    • PubDate: Wed, 08 Dec 2021 08:42:20 PST
       
  • Lessons for Today by the Deregulation of Yesteryear: Analyzing Modern
           Capital Market Deregulation with Historical Examples

    • Authors: Jordan J. Saddoris
      Abstract: Financial market regulators in the US have proposed cutting down their own rulebooks in recent years. However, when it comes to deregulating modern capital markets, the outcomes of historical alterations of similar natures should serve as lessons in what works and what doesn’t. This comment analyzes three modern-day proposals to deregulate US financial markets, using historical actions to argue for the likely efficacy of each.
      PubDate: Mon, 06 Dec 2021 07:48:07 PST
       
  • Proving Economic Loss for In-And-Out Traders in Light of First Solar

    • Authors: Daniel Roy Settana III
      Abstract: Federal courts have grappled with the issue of whether or not to include in-and-out traders in federal securities class action lawsuits. One set of courts has excluded in-and-out traders on the grounds that they could not prove loss causation, while another set of courts has included in-and-out traders because of the possibility that they could prove that they had suffered a loss. In Mineworker’s Pension Scheme versus First Solar, Inc., the Ninth Circuit recently addressed what should be the correct standard for loss causation. While the Ninth Circuit’s decision resolved its own intra-circuit split, the Court’s decision widened an already existing circuit split. Where some circuits have adopted a restrictive view of loss causation that requires a corrective disclosure revealing the fraud, the Ninth Circuit adopted the view of loss causation that requires a corrective disclosure revealing the fraud, the Ninth Circuit adopted the view that loss causation only requires that plaintiff’s economic loss be proximately caused by a defendant’s misstatement. By embracing the Ninth Circuit’s standard, this note argues that in-and-out traders can show economic loss in the absence of any corrective disclosures. Through proximate cause’s intervening event pattern, it can be shown that an in-and-out trader has suffered a loss in the absence of a disclosure, obviating the need to show that a corrective statement was issued to the market.
      PubDate: Mon, 06 Dec 2021 07:48:07 PST
       
  • Regulation Best Interest: Is the SEC Finally Choosing Main Street Over
           Wall Street'

    • Authors: Ana Marcos
      PubDate: Mon, 06 Dec 2021 07:48:06 PST
       
  • FTC Enforcement Authority in the Modern Era: A Commission in Crisis'

    • Authors: Brandon Mantilla
      Abstract: This note provides a brief history of the Federal Trade Commission (FTC)’s enforcement authority before analyzing the U.S. Court of Appeals for the seventh Circuit’s circuit-splitting decision in FTC v. Credit Bureau Center, LLC. As the Supreme Court prepares to tackle questions surrounding authority to seek monetary relief, I contextualize how enforcement authority has historically been derived before analyzing how the issue may be resolved. Doing so involves engaging several cases that may prove consequential in determining the outcome and outlines potential legislative solutions to the battle over restitution. Before arriving at the most likely scenarios, a view of the budding relationship between consumer protections giants the FTC and Consumer Financial Protections Bureau (CFPB) provides potential for a synergistic solution, but uncertainty surrounding both institutions indicates a murky outlook on a purely administrative resolution. This in-depth dive, breaking down various aspects of the administrative predicament, details the common law history of traditional restitution authority in the FTC, examines challenges facing the FTC and CFPB, and explores how similar issues facing the Securities and Exchange Commission (SEC) may affect FTC enforcement authority.
      PubDate: Mon, 06 Dec 2021 07:48:05 PST
       
  • Analysis Of Section 230 Under a Theory of Premises Liability: A Focus on
           Herrick v.Grindr and Daniel v. Armslist

    • Authors: Kassandra C. Cabrera
      Abstract: Section 230 of the Communications Decency Act (“CDA”) has been held to give online service providers acting as interactive computer services sweeping immunity for content posted on their platforms. The intention behind the creation of Section 230 was not to immunize online service providers from all liability. Rather, Section 230 was enacted to protect online intermediaries acting as “Good Samaritans” – those who made “good faith” efforts to restrict unlawful or harmful content, but due to the breadth of the internet and advancements in technology over or under-filtered content on their platforms. This note outlines an approach for courts to hold online service providers liable for the foreseeable consequences of harmful content on their platforms. Under a theory of premises liability, online service providers can be held liable for the foreseeable consequences of dangerous, harmful, or illegal content made by third parties and allowed on their platforms. In other words, like physical landowners or business operators, online service providers should have a duty to maintain their websites in a reasonably safe condition and to protect against, and remedy, harmful third-party content by making “good faith” efforts to moderate content. Generally, the owners of physical locations open to the public have a duty to make reasonable efforts to protect people against foreseeable harm caused by the acts of third parties that they know, or should know about, and that are likely to occur without such efforts. That same duty should be extended to the online context. By extending a duty similar to that required in the theory of premises liability, online platforms will be incentivized to implement measures to prevent future da present once having been informed of such. Only when online intermediaries make reasonable, “good faith” moderation efforts, should they be given immunity under Section 230. Thus, applying the theory of premises liability to the online context would serve the purpose of Section 230 better than the status quo. Specifically, this note applies the theory of online premises liability by applying it to two cases that were submitted to the United States Supreme Court for review this term – Herrick v. Grindr (review denied on October 7, 2019) and Daniel v. Armslist (review denied on November 25, 2019). This analysis will demonstrate how the imposition of a duty similar to that of premises liability will incentivize online operators to implement measures to prevent against foreseeable harm.
      PubDate: Mon, 06 Dec 2021 07:48:04 PST
       
  • Publicly Traded Justice

    • Authors: Samuel Ludington
      Abstract: Private prisons, like hotels, are most profitable when they are at maximum occupancy and their guests stay for longer periods of time. Because the business-model for private prisons is predicated on incarceration rates dictated by public policy, one would presume that private prison corporations expend great resources to advocating for stricter criminal laws and sentencing. This note explores the role of political lobbying and campaign contributions of private prison corporations to see if a correlative relationship exists between their advocacy and stricter crime laws. Part I of the note provides a history of private prisons in America and explores the laws which lead to the explosive growth in prison populations. Part II will provide an overview of the three largest providers of private prisons and analyzes their political contributions. Part III discusses other business development strategies employed by private prison operators, outside of traditional political lobbying schema. Part IV discusses the present threat to private prison organizations and concludes that public outrage with the capitalization of incarceration, poses an existential threat to private prisons. While private prisons have expended significant resources in political lobbying, the greatest dividends were attributable to their involvement in the American Legislative Exchange Council, which allowed private prisons to draft legislation that produced demand for their services. Nevertheless, these legislative victories are unlikely to withstand the threat posed by widespread public frustration, which has limited these corporations’ access to the capital necessary to sustain their operations.
      PubDate: Mon, 06 Dec 2021 07:48:04 PST
       
  • Good Corporate Governance Policies and Disclosure Mechanisms in Startup
           Companies

    • Authors: Yahel Kaplan
      Abstract: In the past decades, particularly following the collapse of huge corporation such as WorldCom and Enron due to dubious or illegal financial management, countries began gradually increasing the oversight of publicly traded companies with few jurisdictions conjuring recommended corporate governance codes (RCGC) to ensure sufficient oversight, reduce manager’s ability to loot their companies, and ensure that shareholders’ and stakeholders’ interests are monitored effectively by companies. While RCGC was intended namely for public company, several organizations called for the adoption of RCGC in startup companies. Startup companies suffer from various failures which the classic corporate laws are not equipped to address significant conflicts of interest throughout their financing process, interested parties’ transactions, and rapid change in ownership and board composition. Among the proposed solutions for such failures, as regulated in recent years for public companies, is the implementation of such RCGC. This article presents the fundamental issues in startups which call for adoption of RCGC: the principal-agent problem, numerous conflicts of interest and misalignment of interest between the founders and the investors (and amongst the investors) regarding the company’s management and future. This article reviews the possible application of RCGC doctrines to startups; with respect to empirical and economical researchers that examine the benefit of RCGC on the value of startups and reducing the cost of raising capital, and researches and position papers which call for the adoption of RCGC in startup companies. This article also analyzes the clashes between the startups need for flexibility with the benefits and importance of adoption of RCGC. Lastly, the article presents various RCGC models, which have not yet been introduces in academic papers, which can be adopted in startups, inter alia, increasing the number of outside directors (both as a casting vote in even of founders-investors dead-locks as well as an impartial mentor for the founders), adopting procedures for board meetings and increasing their frequency, and amending the controlling and management rights in the company as a factor of the expected return on investment.
      PubDate: Mon, 06 Dec 2021 07:48:03 PST
       
  • The OCC FinTech Charter and the Bank Holding Company Act

    • Authors: Lauren Bomberger
      Abstract: The definition of a bank under the Bank Holding Company Act of 1956 (“BHCA”) has changed several times since the statute was first enacted. Congress has identified a number of underlying rationales for applying the BHCA to certain entities thus necessitating a change in the definition. Recent innovations in technology, however, have made it challenging to adapt the U.S. financial regulatory regime to these advances, particularly for the financial technology (“FinTech”) industry. The Office of the Comptroller of the Currency’s (“OCC”) FinTech charter is one example of an attempt by a U.S. financial regulator to grapple with emerging technologies in financial services in a meaningful way. Despite the OCC initially suggesting that the BHCA could apply to FinTech companies chartered as special purpose national banks (“SPNBs”), these entities do not and cannot meet the definition of a bank under the BHCA because FinTech SPNBs are not permitted to take deposits. This Comment sets out a framework by which to analyze whether the definition of a bank under the BHCA should include FinTech firms who make loans and do not take deposits, i.e., “marketplace leaders.” This Comment finds that including FinTech firms, specifically marketplace lenders, in the statutory definition of a bank would serve a majority of the BHCA’s underlying policy rationales.
      PubDate: Mon, 06 Dec 2021 07:48:02 PST
       
  • Front Matter and Table of Contents

    • PubDate: Mon, 06 Dec 2021 07:48:01 PST
       
 
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