Oct 14, 2016 | Book 2, Lead Articles, Print Edition, Volume 49
The adversarial system requires full discovery as an essential element of a fair and accurate litigation process. The parties to litigation must be able to review the entire universe of relevant, and potentially relevant, evidence. Not surprisingly, spoliation—the...
Oct 14, 2016 | Book 2, Lead Articles, Print Edition, Volume 49
Standing is a threshold requirement to bring a cause of action, and requires “two strands: Article III standing, which enforces the Constitution’s case-or- controversy requirement, and prudential standing, which embodies judicially self-imposed limits on the exercise...
Oct 14, 2016 | Book 2, Notes, Print Edition, Volume 49
A study of smartphone users found that seventy-nine percent of respondents have their phones on or near them for almost their entire waking day. By 2017, an estimated 67.8% of the U.S. population will use smartphones. The increased adoption of smartphones changed...
Oct 14, 2016 | Book 2, Notes, Print Edition, Volume 49
In the Internet age, protecting the privacy interests of individuals who predecease their digital accounts has resulted in ongoing legal uncertainty. Much of the ambiguity stems from inconsistent regulation of digital privacy by federal and state governments, as well...
Oct 14, 2016 | Book 2, Notes, Print Edition, Volume 49
Foreign corruption has run rampant for a tremendous amount of time. To directly address this problem, Congress enacted the Foreign Corrupt Practices Act (FCPA) in 1977. Corruption has adverse effects on democratic institutions; it deteriorates public accountability...
Oct 14, 2016 | Book 2, Notes, Print Edition, Volume 49
From television commercials and magazine ads to labels and packaging, food and beverage manufacturers spend a significant amount of money advertising their products. Congress passed the Food, Drug, and Cosmetic Act (FDCA) to ensure that food and beverage...
