Monthly Archives: January, 2022

Christopher Boyd, ‘One Click Liability: Section 230 and the Online Marketplace’

“… This Comment seeks to analyze the relationship between Section 230 of the CDA and online third-party marketplaces (with an emphasis on market leader Amazon Marketplace). Within the rapidly changing world of e-commerce, this Comment will explore interplay between Section 230 and the online marketplace, and the ways that product liability claims are circumventing this […]

Riley Keenan, ‘Living Equity’

ABSTRACT Federal courts have long assumed a flexible and dynamic power to afford equitable remedies. Recently, however, the Supreme Court has turned to historical equity practice – in some cases, the practice of England’s chancellor in 1789 – to fix the scope of the federal equity power. This ‘equitable originalism’ poses a grave threat, particularly […]

Clark Asay, ‘An Empirical Study of Copyright’s Substantial Similarity Test’

ABSTRACT The substantial similarity test is copyright law’s dominant means by which courts determine whether a party has infringed another party’s copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it. To date, only a few empirical studies exist, and these are limited in several […]

‘Having data privacy rights is of no use if you cannot claim them’

“The focus of legal discussions on data protection and privacy is normally placed on the extent of the rights conferred by the law on individuals. But as litigation lawyers are painfully aware, to have a claim valid in law is not the same as succeeding in court, as being ‘right’ is expensive business and litigation […]

Oona Hathaway, ‘Nestlé USA, Inc v Doe and Cargill, Inc v Doe: The Twists and Turns of the Alien Tort Statute’

ABSTRACT For four decades now, the Alien Tort Statute (ATS) has been one of the most important tools for pursuing justice for human rights victims in the United States. The statute’s latest trip to the Supreme Court came in the October Term 2020 in a pair of cases: Nestlé USA, Inc v Doe and Cargill, […]

Timothy Liau, ‘No‐Oral‐Variation Clauses and Our Powers to Vary Contracts’

ABSTRACT Oral contracts are commonplace. As a general rule the common law does not impose formality requirements on our powers to create contracts with one another. So too for our powers to vary the contracts we have entered into. Contracting parties can agree to vary their terms orally, and no obstacle at general law prevents […]

Ann Blankenship-Knox, ‘Penalty or Damages? Are There Limits to Liquidated Damages Provisions in Teacher Employment Contracts’

ABSTRACT This Article examines the validity of liquated damages provisions with regard to teacher contracts and the appropriateness of their use. Part II addresses the law of liquidated damages generally. Part III discusses one Georgia case brought by two teachers against DCSD for enforcement of its liquidated damages provision as an attempt to force the […]

Susanne Klausing, ‘The Relation Between Attitude Certainty and the Privacy Paradox’

ABSTRACT The privacy paradox – the question whether individuals act contrary to their privacy preferences (ie, attitudes, concerns) when disclosing data – has received much attention. While the general notion has largely been refuted, contextual factors can still coax individuals into acting contrary to their privacy preferences. In this study, I introduce a new such […]

Baum and Solomon, ‘Delaware’s Copycat: Can Delaware Corporate Law Be Emulated?’

ABSTRACT Delaware’s famous corporate law and its highly respected specialized Court of Chancery attract entrepreneurs from all over the world, who choose the small state as their locus of incorporation and litigation forum, and global investors who choose Delaware law as the law governing their corporate investments and mergers and acquisitions (M&A). Other jurisdictions vie […]

Jinkyong Choi, ‘Returns to Patenting and the Gender Innovation Gap’

ABSTRACT The purpose of this paper is to show the gender gap in the returns to patenting. Using the United States Patent and Trademark Office (USPTO)’s inventor and patent data from 2015 to 2021, I find that a gender gap exists in patent quality, measured by citations received. The gender of an inventor was statistically […]