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FOREWORD: The Role of the “Victim” in the Criminal Legal System
Get PDFOn September 24, 2021, the Brooklyn Law Review brought together scholars looking at the role of the “victim” in the criminal legal system. Of consideration were the following questions: Who is labeled a victim and how does that impact outcomes and process? Where does the issue of victimization emerge, how is it received and what should the system’s response be? Who gets a voice? And when? Does the existing victim-offender binary further exacerbate a criminal legal system build on misogyny, xenophobia, and white supremacy? The series of articles and essays that make up this issue reflect the symposium’s multidimensional discussion and interrogate the way the legal system recognizes, or fails to recognize, those who have experienced harm
Third Time’s the Charm: Remedying the Lack of Uniformity and Predictability in Trade Secret Law
Get PDFThe current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this note analyzes (1) the use of formalities in Russia’s current trade secret regime, and (2) the impact of the formalities system used in traditional US copyright law. In a time when the protection of trade secrets is as vulnerable as ever, change is needed, and formalities are the answer
The Dark Side of E-Commerce: The Negative Effects of E-Commerce on the Environment
Get PDFE-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should begin to address these issues by amending the existing laws to hold businesses engaging in e-commerce accountable for their carbon footprint. To illustrate, I will discuss the ways in which the Clean Air Act can be amended to regulate the delivery process, which involves a shift to the use of electric delivery vehicles and night-time deliveries. I will also highlight ways the Solid Waste Disposal Act can be amended to regulate the packaging process by focusing on a reduction in the amount of materials used in packaging, a shift to the use of sustainable materials, and a ban on the use of single-use plastics. Finally, I advocate for the passage of the proposed Break Free From Plastic Pollution Act which is currently pending in Congress
Standing In The Ether: Constitutional Standing In Data Breach Cases After McMorris
Get PDFFor some time, circuit courts have been ostensibly divided over the power of plaintiffs to maintain claims for injuries sustained from data breaches based merely on an increased risk of injury. However, in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), the Second Circuit denied the existence of the circuit split, instead contending that its three-factor balancing test for determining standing for risk of future injury in data breach cases could be reconciled with the positions of both clusters of circuits. The three factors are “(1) whether the plaintiffs’ data has been exposed as the result of a targeted attempt to obtain that data; (2) whether any portion of the dataset has already been misused, even if the plaintiffs themselves have not yet experienced identity theft or fraud; and (3) whether the type of data that has been exposed is sensitive such that there is a high risk of identity theft or fraud.” The Second Circuit frames the circuit split in terms of whether future injury in these cases can ever furnish a plaintiff with standing, when in reality, it appears that the reluctance of the circuits that have yet to furnish standing for future injury lies more so in their emphasis on the second factor—whether the data has been misused. Although McMorris has not been appealed, the Supreme Court should clarify this ambiguity at the next opportunity. The most equitable solution would be to uphold the Second Circuit’s three-factor test, and while allowing the second factor to hold special importance over the other two factors, not require its presence in all these types of cases for constitutional standing
Social Media and the Common Law
Get PDFThe framers of the United States Constitution and those who developed the early common law were no strangers to printed media. They could not, however, have anticipated the widespread ability of average people to communicate instantaneously with large audiences via platforms like Facebook, Instagram, and Twitter. Despite this new technology, courts have primarily relied on pre-social media precedent, rules of law, and the Constitution for guidance when confronted with civil and criminal social media misconduct. On the one hand, relying on existing law is a good thing; it reaffirms the judiciary\u27s commitment to precedent and stare decisis. On the other hand, relying on precedent-adopted pre-social media prevents courts from furthering social media norms
