Print Issue Volume 94 - No. 5

Foreword

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Google Book Search and the Future of Books in Cyberspace

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Cybermarks

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The Implications for Law of User Innovation

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Mask, Shield, and Sword: Should the Journalist’s Privilege Protect the Identity of Anonymous Posters to News Media Websites?

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Probably Probable Cause: The Diminishing Importance of Justification Standards

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Vagueness Challenges to the Computer Fraud and Abuse Act

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Proportionality, Privacy, and Public Opinion: A Reply to Kerr and Swire

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Note, Revising the Organizational Sentencing Guidelines to Eliminate the Focus on Compliance Programs and Cooperation in Determining Corporate Sentence Mitigation

Corporate crime has dominated the news recently, and likely contributed to the United States’ recent financial crisis. After a corporation is convicted of a federal offense, the judge must determine the proper sentence to meet the goals of deterrence, incapacitation, rehabilitation, and just punishment. The United States Sentencing Commission promulgates the Organizational Sentencing Guidelines to […]

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Note, Born (Not So) Free: Legal Limits on the Practice of Unassisted Childbirth or Freebirthing in the United States

Unassisted childbirth, also known as “freebirthing”—in which a woman intentionally gives birth without the aid of a physician or midwife—is gaining increased media attention in the United States and abroad. Proponents of the practice boast of its beauty, safety, and legality. Yet, the legal framework of unassisted childbirth is unclear. No statutes forbid freebirthing explicitly, […]

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De Novo

  • The Algorithm Made Me Do It and Other Bad Excuses

    THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]

  • All (Privacy) Is Not Lost

    ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]

  • Pot, Printz, and Preemption

    POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]


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