Our Online Journal features original pieces written and edited by our Online staff at Columbia. They are not representative of any views held by the Columbia Undergraduate Law Review Editorial Board.
The GDPR has broadly introduced more extensive laws regarding how personal data is defined as well as how firms process and store data personal data, ultimately giving the owner of the data more agency over how it is used. In light of this law coming into force, firms have been reviewing their data protection procedures. However, some firms fail to realize this is not enough to protect them from liability in data breaches.
Read MoreSimilar cases demonstrate a double standard in which other words that are common to a Western lexicon are considered “generic” and do not receive trademark protection. This discrepancy between how minority groups in the U.S. and the USPTO evaluate generality indicate that our legal system is not currently equipped for the handling of culturally charged intellectual property.
Read MoreFrom Charleston to El Paso, recent violent actions that are similar in politics, intent, and carried out by white, right-wing perpetrators are unrecognizable by law as terrorism; in our post-9/11 world, they are defined as hate crimes. How does this legal ‘sleight of hand’ transform these violent, political crimes?
Read MoreTimbs reflects the changing dynamics between law enforcement and private citizens, and reveals the challenging issues surrounding drug policy and law enforcement. Timbs v. Indiana holds the potential to create healthier interactions between law enforcement and private citizens.
Read MoreRosenbach v. Six Flags Entertainment Corp. (2019), reached the Illinois Supreme Court on appeal. Importantly, the court was not deliberating on the constitutionality of the law itself, but instead on questions over the correct implementation of the law. Nonetheless, Rosenbach sets a precedent in biometric privacy law that could be a deciding factor in a related biometric privacy case likely to be brought before the Supreme Court.
Read MoreWhile businesses cite costs of accessibility and legal fees as reasons to not ensure their sites’ ADA compliance, it is crucial to consider lawmakers’ intentions when evaluating relevant cases. In order to achieve the ADA’s initial intent to ensure full inclusion of Americans with disabilities, especially in the age of technological advances, local and federal courts must rule that the ADA does indeed apply to business websites, particularly when they are providing a service available to the general public.
Read MoreGiven the increasing magnitude of the U.S.-China relationship, it is worth examining the implications of these rulings, as well as the Court’s asserted interest in diplomacy, against the backdrop of the ongoing U.S.-China trade war. A closer look at this diplomatic breakdown suggests that whether the ATS retains its remaining strength or not, the federal government ought to be prudent in weakening legal means to enforce corporate accountability, especially when consequential bilateral relations are at stake.
Read MoreGiven Facebook’s apparent immunity to the detrimental effects of scandals that would significantly impact companies in less heterogeneous markets, it therefore is no surprise that the government is investigating whether Facebook has engaged in illegal methods of consolidating market power. Should the government find fault in Facebook’s actions, one potential option is to force Facebook to spin off its subsidiaries by acting through the courts.
Read MoreWith Senate Bill 1437, California narrowed its felony murder rule: a legal doctrine, originating from English common law, which holds defendants criminally liable for a murder—even if they did not kill nor intend to kill—if they participated in the underlying felony. Compared to other nations that practice common law, the United States is the only modern country that uses the felony murder rule. Yet this rule seemingly violates the 8th amendment of the US Constitution, especially when used to sentence the death penalty.
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