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The First Sale Doctrine: Why You Can Resell a Book But Not a Digital Song

The First Sale Doctrine: Why You Can Resell a Book But Not a Digital SongComparing Kirtsaeng v. Wiley to Software Licensing I. Introduction The First Sale Doctrine is a cornerstone of American copyright law, enshrined in §109 of the U.S. Copyright Act. It limits the rights of copyright holders by permitting the lawful owner of a copyrighted work to resell, lend, or otherwise dispose of that particular copy without the copyright holder’s permission. This doctrine Read more

By Tsvety, ago

B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work?

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 shareholder value. However, the emergence of the B Corporation certification and the broader benefit corporation legal structure marks a conscious shift toward a more inclusive Read more

By Tsvety, ago

Extraterritoriality: Can One Nation Prosecute Crimes Abroad?

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. The central question remains: Can one nation prosecute crimes committed abroad, and if so, under what conditions and legal justifications? The answer depends on a Read more

By Tsvety, ago

Patentable Subject Matter: The Boundaries of § 101

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 with a time-limited monopoly in exchange for public disclosure of their inventions. Among the foundational pillars of this legal structure is 35 U.S.C. § 101, Read more

By Tsvety, ago

USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions

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 a necessary response to unprecedented threats, it dramatically expanded the federal government’s surveillance and investigatory powers. However, it also ignited a protracted constitutional debate—especially concerning Read more

By Tsvety, ago

The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative State

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. One essential corollary of this arrangement is the nondelegation doctrine, which holds that Congress, vested with legislative authority by Article I of the U.S. Constitution, Read more

By Tsvety, ago

Three Strikes Laws in the 1990s: Origins, Implementation, and Controversy

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 a third serious or violent felony. Championed as a response to fears about rising crime and recidivism, these laws were adopted at both the state Read more

By Tsvety, ago

Deepfake Defamation: Section 230 Immunity Challenges

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 Act (CDA), a statute originally enacted in 1996 to shield internet platforms from liability for user-generated content. As deepfakes become increasingly realistic and potentially destructive Read more

By Tsvety, ago

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