Category Archives: Insights

American Chernobyl: East Palestine Faces Uncertainty Ahead

JONATHAN LESGART—On February 3, 2023, at approximately 9:00 p.m., disaster struck East Palestine, Ohio. A Norfolk Southern Railroad 150-car freight train headed to Conway, Pennsylvania, derailed while passing through the small town. Thirty-eight railcars in total derailed. Of most concern, five of the railcars carried about one million pounds of vinyl chloride, a flammable petrochemical used in […]

Should Target Companies Assume the Risk of Misused Confidential Information? A Discussion of Le Tote Inc. v. Urban Outfitters, Inc.

IRENE BOURLATSKI—Le Tote Inc. v. Urban Outfitters, Inc. is a recent intellectual property lawsuit that has captivated the fashion industry. Le Tote is an innovative rental fashion service that allows customers to rent clothing and accessories for a flat monthly fee. The company filed a lawsuit against Urban Outfitters, alleging that the retailer stole its business model and […]

The Sixth Amendment Must Mean Something: Non-Unanimous Jury Verdicts in Capital Sentencing

TAYLOR EVANS—The true rate of wrongful convictions is “not merely unknown but unknowable.” The National Registry of Exonerations estimates that anywhere between 2% and 10% of all convictions are erroneous. Given the number of people currently incarcerated, these percentages translate to between 46,000–230,000 people serving time for a crime they did not commit. Focusing solely on death row defendants, at least 4.1% are believed […]

Whose House is it Anyway? Police Technology and Fourth Amendment Privacy

ANDREW DE LA OSA—Ever since the Supreme Court’s landmark decision in Carpenter v. United States courts continually wrestle with the issue of emerging technology and the increased capabilities that it provides to police departments, often at the expense of the common citizen’s privacy. The Fourth Amendment analysis for whether police conduct constitutes a “search” under the constitution’s […]

Unpacking Elon Musk’s Latest Legal Victory: The Impact of Musk’s Victory in a Jury Trial Over His 2018 “Funding Secured”

COREY KRAFTSOW—A California jury recently acquitted Elon Musk and Tesla in a civil trial concerning tweets Musk posted in 2018. The billionaire Tesla founder and serial entrepreneur tweeted “funding secured,” implying that he had secured financing from Saudi Arabia’s sovereign wealth fund to take Tesla private at a price of $420 per share. In other words, Musk hinted […]