Category Archives: Analysis

Tweeting Beyond Borders: Can Foreign Governments Compel Twitter to Release Private Data?

CAITLYN CULLEN—On October 28, Brazilians elected right-wing nationalist Jair Bolsonaro as their next president. Bolsonaro secured nearly 55% of Brazilians’ votes with a campaign that was heavily centered on his social media presence. Election results were met with a wave of both celebration and protest across the country, which comes as no surprise given the […]

The Unconstitutionality of Trump’s Executive Order to End Birthright Citizenship

ANGEL SANCHEZ—Who are “All persons born…in the United States and subject to the jurisdiction thereof”? The answer governs who is constitutionally entitled to birthright citizenship. The Citizenship Clause provides that: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein […]

PDVSA US Litigation Trust v. Lukoil Pan Americas LLC

LAUREN ALVAREZ—On March 3, 2018, a litigation trust for Venezuela’s state-owned oil company, Petróleos de Venezuela, S.A. (“PDVSA”), sued international oil companies Lukoil, Glencore, Trafigura AG, and Vitol, among others, in the United States District Court for the Southern District of Florida for allegedly participating in a conspiracy to bribe Venezuelan officials and corrupt oil company employees in exchange for advance information about crude oil prices. […]

Contractual Implications of “Getting Banksy’d”

MEAGHAN GOLDSTEIN—On October 5, 2018, right after the gavel fell accepting a $1.4 million telephone bid, someone in the crowd at Sotheby’s (London) triggered a remote-control shredder encased in the framing of the Banksy painting up for auction. The spray-painted canvas Girl with Balloon passed partway through the hidden shredder before stopping—half safely ensconced in […]

The Rise of the Gig Economy: Can Labor Law Keep Up?

FRANCO PICCININI—The gig economy—the economic arrangement that connects short-term labor with immediate consumer demand via digital platforms—has become a hot topic in the past decade. Assessing the size of the gig economy has proven a difficult task, with estimates ranging from as low as 1% of the U.S. labor force to as high as 34%. […]