Dec 26, 2013 | Case Comments, Number 4, Print Edition, Volume 46
Securities and Exchange Commission (SEC) Rule 10b-5 provides the principal remedy for private investors ensnared in fraudulent securities transactions. A successful pleading of a fraud-on-the-market claim under Rule 10b-5 requires a showing of actual economic loss...
Dec 26, 2013 | Case Comments, Number 4, Print Edition, Volume 46
Among other things, the Computer Fraud and Abuse Act (CFAA) provides for civil and criminal penalties when a person, “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer.”...
Dec 26, 2013 | Case Comments, Print Edition, Volume 46
In order to bring a copyright infringement suit before a court, the work must first have been registered with the United States Copyright Office (Copyright Office). In addition to permitting copyright infringement actions, a copyright’s registration “constitute[s]...
Jun 7, 2013 | Case Comments, Number 1, Print Edition, Volume 41
Advances in science have revolutionized crime detection, indelibly affecting Fourth Amendment jurisprudence. Forensic identification techniques are continually refined, and accordingly, the concomitant constitutional considerations continue to grow. As technological...
May 15, 2013 | Case Comments, Number 2, Print Edition, Volume 46
The First Amendment to the United States Constitution embodies one of the country’s founding principles—separation of church and state—by prohibiting Congress from enacting laws that either respect a religious establishment or prohibit the people’s free exercise of...