The Internet offers the potential for economic growth stemming from online human communications. But recent industry and government actions have disfavored these possibilities by treating the Internet like a content-delivery supply chain. This...
Judicial and scholarly assessment of emerging technology seems poised to drive the Fourth Amendment down one of three paths. The first would simply relegate the amendment to a footnote in history books by limiting its reach to harms that the framers...
The presumption of sanity is a concept in criminal law used to allocate burdens relating to the insanity defense. In Clark v. Arizona, the U.S. Supreme Court relied on the presumption to affirm the exclusion of evidence introduced to negate mens rea...
Tribal sovereignty suffered greatly by the 1953 passage of Public Law 280, which gave certain states jurisdiction over the Indian country within their borders. However, recent cases show that tribes can preempt this state jurisdiction, and thereby...
Employers would just as soon not hire ex-offenders. They see the potential for workplace violence or theft, negligent hiring liability, and public relations nightmares. Because current law places the burden on employers to evaluate the risk that a...
In recent years, article 10(a) of the Hague Service Convention, which allows for the sending of judicial and extrajudicial documents abroad by postal channels, has proven difficult to apply in the face of commercial and techno¬logical change. The...