Planting the Seed: Future Effects From the First Circuit and Sun Capital Partners

In July 2013, the First Circuit Court of Appeals found that a private equity fund constituted a “trade or business” under the Employee Retirement Income Security Act of 1974 (ERISA) in Sun Capital Partners III, LP, et al. v. New…

GRAY AREA, GRAY AEREO

In recent years, the time-shifting capabilities of digital video recorders (colloquially “DVRs”) and the rising availability of cloud storage have dramatically altered the definition of watching TV. The average television viewer is no longer bound by the schedule set forth…

The Test to California’s Tests?

The U.S. Department of Education first established the modified academic achievement standards to address a certain group of students who had been struggling under the previous school accountability scheme.[i]  That scheme had allowed schools to develop two different type of…

The Implications of City of Arlington, Texas v. Federal Communication Commission for the Judicial Deference Doctrine

Judicial deference to agency action is a crucial part of administrative law.  The administrative agencies play an important role in the separation of powers, a foundation of the United States government.  The three branches of government, the legislative, executive, and…

PHOTOSHOP FRAUD: IS EXCESSIVE DIGITAL PHOTO ALTERATION OF COMMERCIAL PHOTOS DECEPTIVE ADVERTISING?

On July 14, 2011 Fiona Geraghty was found hanging in her bedroom by her father.[i]  Fellow classmates had subjected the 14-year-old girl to bullying and harassment about her weight at her school in Somerset, England.[ii] Her parents have stated that…

The Deep Web, Anonymous Web Browsers, and Exit Relays: Legal Issues Related to Proxy Servers for Anonymous Web Browsing and Regulating Illegal Activities

With computers in roughly eighty percent of homes in the U.S.[i] and approximately ninety-five percent of those being used for Internet access,[ii] the importance of web interaction in America is clear. Surprisingly, traditional “Surface Web” browsers like Google only provide…

How Secure is Computer Data? Is it “a Really Good Question?”

Barely a week ago, Supreme Court Justice Antonin Scalia attended a talk at Brooklyn Law School where he was asked about the constitutionality of the now infamous National Security Agency spying programs. [i] During this question and answer session, Scalia…

TESLA HITS A BUMP ON ITS WAY TO THE TOP

As of April 15th, Tesla Motor Inc. (“Tesla”) must transform its two New Jersey automobile stores into product galleries.[i] The car manufacturer has been selling its vehicles directly to its customers for the past two years. However, in March, the…

The Problem with Law School – From the Perspective of a 2L

A Google search of “problems with legal education” returned about 417,000,000 results in .45 seconds. While I do not have that many complaints, I still get annoyed and have noticed some glaring problems. Let me start with a little background….

TIME TO RECALL DEFECTIVE RECALL REGULATION

Imagine driving down a road, in what seems to be an ordinary day. Suddenly, the steering wheel of your car locks into place. You can see cars in front of you but you have no way to steer your car…

Do I Really Need a Lawyer? – The Problems of Do-it-Yourself Legal Drafting

In a world still reeling from the lingering “Financial Crisis,” consumers have been considerably more frugal, and the choice of whether to hire a lawyer for document drafting is now hotly debated.  The question of why one should hire a…