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The Future of Non-Compete Clauses After the FTC’s Proposed Big Ban 101

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, the Federal Trade Commission (FTC) introduced a sweeping rule to ban most non-compete agreements, marking a significant shift in U.S. labor policy. However, the rule’s Read more…

By Tsvety, ago

Blockchain and Smart Contracts: Legal Implications and Challenges

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 infrastructure capable of transforming contractual relations and institutional trust. Smart contracts—self-executing code that runs on a blockchain—promise to automate agreements and reduce dependency on intermediaries. Read more…

By Tsvety, ago

Squatters’ Rights: How Adverse Possession Works (and How to Fight It)

Squatters’ Rights: How Adverse Possession Works (and How to Fight It) In the complex intersection of property law and social equity lies the controversial doctrine of adverse possession, often popularly framed under the colloquial term “squatters’ rights.” The idea that an unauthorized occupant of land or property could eventually claim legal ownership over it is perplexing to many, particularly property owners. Yet, this legal doctrine has deep roots in common law, aimed originally at rewarding Read more…

By Tsvety, ago

The Most Important Legal Acts in American Criminal Law 101

The Most Important Legal Acts in American Criminal Law The American criminal law system is built upon a complex interplay of federal and state legislation, constitutional principles, judicial interpretation, and legal tradition. Among these, certain legal acts have emerged as foundational pillars in defining crimes, setting procedures, and ensuring the balance between state power and individual rights. This essay examines the most important legislative acts in American criminal law, focusing on their historical emergence, doctrinal Read more…

By Tsvety, ago

Cryptocurrency and Criminal Theory: How Dark Nets Challenge Territorial Jurisdiction

Cryptocurrency and Criminal Theory: How Dark Nets Challenge Territorial Jurisdiction What is the relation betwen Cryptocurrency and Criminal Theory? In the digital age, the emergence of decentralized technologies—particularly cryptocurrencies and the dark web—has posed profound challenges to traditional legal frameworks. Among the most affected is criminal law, especially in relation to territorial jurisdiction. Territoriality, a foundational principle of state sovereignty in law enforcement, is increasingly rendered inadequate in the face of anonymous, transnational crimes enabled Read more…

By Tsvety, ago

Theories of Complicity: When Does Association Become Criminal?

Theories of Complicity: When Does Association Become Criminal?RICO, Gang Laws, and the Limits of Guilt by Association Introduction The modern criminal justice system is increasingly challenged by collective behavior: organized crime, gang networks, and conspiratorial arrangements that defy clear lines of individual culpability. Central to these challenges lies a perennial legal and moral dilemma: when does association become criminal? In an age of expansive criminal statutes such as the Racketeer Influenced and Corrupt Organizations Act Read more…

By Tsvety, ago

The Digital Millennium Copyright Act (DMCA, 1998): A Legal Analysis

The Digital Millennium Copyright Act (DMCA, 1998): A Legal Analysis The Digital Millennium Copyright Act (DMCA), signed into law by President Bill Clinton on October 28, 1998, represents a significant evolution in American copyright law in response to the digital age. Designed to bring U.S. legislation into conformity with the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty, the DMCA has played a foundational role in shaping digital rights Read more…

By Tsvety, ago

Lex Informatica: Emergent Norms of Internet Governance – How Private Platforms Create De Facto Legal Standards

Lex Informatica: Emergent Norms of Internet Governance – How Private Platforms Create De Facto Legal Standards What is Lex Informatica? In the evolving realm of cyberspace, traditional legal systems have encountered new challenges posed by the transnational and decentralized nature of the internet. In this complex domain, the concept of Lex Informatica—a term coined by legal scholar Joel Reidenberg—emerged to denote the body of rules, norms, and standards that arise not from legislatures or courts, Read more…

By Tsvety, ago

The Calvo Doctrine in Modern Investment Arbitration: Sovereign Immunity Clashes with Investor-State Dispute Settlements

The Calvo Doctrine in Modern Investment Arbitration: Sovereign Immunity Clashes with Investor-State Dispute Settlements Have you heard of the Calvo doctrine? In the realm of international investment law, two competing principles have historically guided the treatment of foreign investors: the assertion of sovereign immunity by host states and the protection of investors under international arbitration mechanisms. At the core of this tension lies the Calvo Doctrine, a Latin American legal principle rooted in 19th-century nationalist Read more…

By Tsvety, ago