B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work? I. Introduction The tension between profit maximization and social responsibility lies at the heart of modern corporate governance. Traditionally, Anglo-American corporate law has been grounded in the principle of shareholder primacy—the notion that a corporation’s ultimate goal is to increase Read more…
Extraterritoriality: Can One Nation Prosecute Crimes Abroad? The principle of extraterritoriality—where a state asserts legal jurisdiction over conduct occurring outside its territory—stands as one of the most debated doctrines in international law. It treads a delicate line between the imperatives of global justice and the foundational norms of state sovereignty. Read more…
Patentable Subject Matter: The Boundaries of § 101 I. Introduction What is a Patentable Subject Matter? Patent law in the United States is grounded in a constitutional mandate to “promote the progress of science and useful arts.” Codified primarily in Title 35 of the U.S. Code, the law provides inventors Read more…
USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions I. Introduction The USA PATRIOT Act, formally titled the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, was enacted swiftly in the aftermath of the September 11 terrorist attacks. Heralded as Read more…
The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative StateExamining the Constitutional Limits on Congress’s Ability to Delegate Legislative Power I. Introduction At the heart of the American constitutional structure lies the principle of separation of powers: legislative, executive, and judicial powers are allocated among distinct branches of government. Read more…
Three Strikes Laws in the 1990s: Origins, Implementation, and Controversy I. Introduction The “Three Strikes” laws that proliferated across the United States in the 1990s represent one of the most emblematic and controversial elements of the tough-on-crime era. These laws mandated significantly harsher prison sentences—often life imprisonment—for individuals convicted of Read more…
Deepfake Defamation: Section 230 Immunity Challenges The proliferation of deepfake technology—synthetic media generated using artificial intelligence to convincingly fabricate images, audio, and video—poses a profound challenge to traditional legal concepts such as defamation and platform liability. At the heart of this legal tension lies Section 230 of the Communications Decency Read more…
The Future of Non-Compete Clauses After the FTC’s Proposed Ban Non-compete clauses have long been a contentious feature of American employment contracts. Designed to prevent employees from joining competitors or starting rival businesses, these agreements have been criticized for suppressing wages, stifling innovation, and limiting worker mobility. In April 2024, Read more…
Blockchain and Smart Contracts: Legal Implications and Challenges What is the relation between Blockchain and Smart Contracts? The emergence of blockchain technology and smart contracts represents a paradigm shift in the domains of finance, governance, and law. Originally conceptualized as the foundation for cryptocurrencies, blockchain has evolved into a broader Read more…