Published in Fall 2016. The first article explores the new federal trade secret act and the opportunity to move away from prior case law placing the burden of proving causation on the plaintiff. The second article explores federal taxation of thieves and victims, arguing that each party faces a second prosecution or victimization, respectively. The third article discusses gaps in the theory of personal goodwill allocation in the sale of assets and offers a legislative fix that would provide certainty in the area. Finally, the student note discusses the balance between companies that use social-media platforms for marketing and advertising purposes and the FTC’s attempt to address these usages to help protect consumers through its Endorsement Guides. It provides both best practices for compliance as well as suggestions for safe-harbor provisions the Commission should put in place.
Published in Winter 2017. The first article discusses recent decisions concerning regulations drawn by the Treasury and suggests their high value to taxpayers challenging the validity of tax regulations. The next article focuses on the legal issues associated with various licenses for open government data and suggests governments should look to their policy goals when adopting one license over the other. Our first student note discusses regulatory and liability frameworks concerning autonomous vehicles, while our second takes a look into energy policy and procedures in Japan in the wake of the Fukushima daiichi nuclear disaster.
Published in Spring 2017. The first article explores the impact of natural disasters and other devastating but foreseeable crises affect businesses and suggests appropriate planning. The first student note focuses on fantasy sports teams and a call for regulation of fantasy sports betting platforms. The second student note dives into a related topic, the creation and securitization of income-share agreements with professional athletes, particularly the agency costs of such agreements and how those costs may be mitigated.