Category Archives: Analysis

It’s Facebook Official—ABA Releases Ethics Opinion Addressing Attorneys’ Review of Jurors’ Social Media Accounts

BY BRITTANY BROOKS — As the breadth of modern technology and the use of social media grow, the law is forced to grapple with society’s electronic expansion. In the context of professional responsibility, attorneys’ need for direction has become increasingly evident. The public nature of social media and other electronic databases has created new discovery […]

McCutcheon v. FEC: More Money in Politics, Less Integrity in Democracy?

BY STEVEN SWARTZ — The United States Supreme Court issued a ruling this month in McCutcheon v. Federal Election Commission that allows money to play a larger role in political campaigns. The plaintiff, Shaun McCutcheon, is a wealthy Alabama businessman and contributor to the Republican Party. He wanted to donate more than the decades-old aggregate limit […]

The Florida Supreme Court Makes a Ruling Using Local University Student Handbook; Says to SCOTUS, “Don’t Tase Me, Bro!”

BY CRAIG TOMPKINS — The Florida Supreme Court, along with several other state supreme courts, over the past twenty years, has attempted to push back against the Supreme Court of the United States’ (“SCOTUS”) precedent on arbitration clauses. As a preliminary matter, the Federal Arbitration Act (“FAA”), as decided by SCOTUS over 40 years ago, […]

Camera Shy: First-Ever Video of the Supreme Court of the United States Ignites New Demands for Transparency

BY KELLY BALKIN — “I rise on behalf of the vast majority of the American people, who believe that money is not speech, corporations are not people, and our democracy should not be for sale to the highest bidder. Overturn Citizens United, keep the cap in McCutchenson. The people demand democracy.” These historic words were […]

New Dimensions: 3D Printing and Intellectual Property Laws

BY LISA EBENSTEIN — Three dimensional (“3D”) printing has been around since the 1980s, but only recently has the technology become readily available.  3D printing is a process of making a three dimensional solid object from a digital model.  3D printing works by using additive processes, which involve joining successive layers of 2D patterns created […]