October, 2014
Regulation by Hypothetical
Oct. 17, 2014—Regulation by Hypothetical ABSTRACT A new paradigm is afoot in banking regulation—and it involves a turn toward the more speculative. Previous regulatory instruments have included geographic restrictions, activity restrictions, disclosure mandates, capital requirements, and risk management oversight to ensure the safety of the banking system. This Article describes and contextualizes these regulatory tools and shows...
The Language of Mens Rea
Oct. 17, 2014—The Language of Mens Rea Appendix B: Full Text of Scenarios in the Revised MPC Definitions Experiment Appendix B: Full Text of Scenarios in the Signal Variant and Revised Recklessness Experiments ABSTRACT This Article empirically tests two key questions. First: How sensitive are jurors to variations in the language that delineates the criminal mental state...
Speech Beyond Borders: Extraterritoriality and the First Amendment
Oct. 17, 2014—Speech Beyond Borders: Extraterritoriality and the First Amendment ABSTRACT Does the First Amendment follow the flag? In Boumediene v. Bush, the Supreme Court categorically rejected the claim that constitutional rights do not apply at all to governmental actions taken against aliens located abroad. Instead, the Court made the application of such rights, the First Amendment...
Trademarked for Death? A Licensee’s Trademark Rights After an Executory Contract is Rejected in Bankruptcy
Oct. 17, 2014—Trademarked for Death? A Licensee’s Trademark Rights After an Executory Contract Is Rejected in Bankruptcy ABSTRACT Upon declaring bankruptcy, a licensor of a trademark is given the option to “reject” its license agreements with trademark licensees. Due to the absence of trademarks from the definition of “intellectual property” in the Intellectual Property Licenses in Bankruptcy...
Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts
Oct. 17, 2014—Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts ABSTRACT The proliferation of social media poses numerous new challenges that require the law to find creative solutions. One pressing legal question is who has the superior right to social media contacts as between an employee who manages a company’s social media...
Confrontation and the Law of Evidence: Can the Language Conduit Theory Survive in the Wake of Crawford?
Oct. 17, 2014—Confrontation and the Law of Evidence: Can the Language Conduit Theory Survive in the Wake of Crawford? ABSTRACT The interrogation of non-English-speaking defendants by government officials usually requires the aid of an interpreter. In the event that the interpreter is unavailable to testify to the truth of his translations in court and a third-party witness...