Tag: HESA LAW JOURNAL

The effectiveness of retributive justice, which uses incarceration as the major tool for punishment in response to crime, is currently being questioned. Harsh critiques of the system abound, citing failures to address adequately victim needs and the root causes of the complex social problems underlying crime, such as poverty, racial inequality, unemployment, citizenship, and inadequate Read More …

This Note argues that the issues raised by transborder data flow restrictions must be dealt with on a global scale, not on a national basis. Part I of this Note discusses the international legal principles underlying the concept of freedom of information and the legal difficulties presented by the imposition of transborder data flow restrictions. Read More …

In today’s digital public sphere, individuals have little choice but to participate on online platforms, whose design choices shape what is possible, content policies influence what is permissible, and personalization algorithms determine what is visible. Ensuring that online content moderation is aligned with the public interest has emerged as one of the most pressing challenges Read More …

Part I of this Note will develop and summarize the historical backdrop of the doctrine of forum non conveniens. Part II will analyze the legislative and judicial development of the doctrine during the last fifty years. Part II will discuss the Reyno decision and the proper weight to be accorded the citizenship and the forum Read More …

This Note explores the current, law regarding forum non conveniens for foreign plaintiffs and examines the law in light of Friends for All Children, Inc. v. Lockheed Aircraft Corp.8 (the Babylift case), which was recently decided by the United States Court of Appeals for the District of Columbia. Maria A. Mazzola

This Note considers the permissible uses of information secured through a FISA surveillance in light of the fourth amendment issue raised by Falvey. It concludes that when information is sought for purposes of national security or foreign affairs, the nature of the investigation and the compelling government interest in obtaining the information require fourth amendment Read More …

This Note discusses the liability of United States banks for the deposits at an expropriated foreign branch. The case of Vishipco Line v. Chase Manhattan Bank, which illustrates the problems banks face under the current law, is also discussed. This Note also proposes a Federal Reserve Regulation which, if adopted, would permit a partial suspension Read More …

The terrorist attacks in Paris and Copenhagen of 2015 brought anxiety and shock to Europe. Despite the social and emotional consequences for the citizens of the European Union, the political and legal consequences on the European legislative level are occupying the Court of Justice of the European Union (hereinafter “CJEU” or “the Court”) today.2 The Read More …

In February of 2008, Fidel Castro stepped down from power as Cuban leader, due to failing health, after forty-nine years in office. In a farewell address to delegates at the Seventh Congress of the Communist Party of Cuba (“CPC”) in April of 2016, Castro expressed his personal belief that the enduring “ideas of Cuban communists” Read More …

This Essay in honor of the memory of my dear friend and coauthor, Roger Goebel, presents a cutting-edge issue of extraterritoriality. May the law of one jurisdiction, whose competition law reaches a set of practices that may be anticompetitive, also reach wholly offshore conduct that is part of the same strategy? Does it matter that Read More …