Tag Archives: Insights

Show Me the Money (I Think?): The Second Circuit’s New Test for Assessing the Legality of Unpaid Internships Creates More Questions Than Answers

SAM GOODMAN—As 2016 kicks off, employers will ramp up recruiting efforts at universities across the country to fill coveted summer internship positions. Should employers and students alike anticipate a changing internship economy? A recent pair of decisions in New York and Florida suggest that the answer may be yes. In July 2015, the Second Circuit […]

It’s Not Just a Burrito, It’s a Lawsuit

SUZANNE ALDAHAN—Chipotle Mexican Grill has been in the news a lot lately, and not because the restaurant chain finally decided to stop charging extra for the guacamole (although someone may want to tell their public relations staff that doing so might not be a bad idea). Rather, Chipotle began serving something a little extra with […]

The Judge is Supposed to be an Independent Arbiter; Allowing Boundless Judicial Discretion Violates the Sixth Amendment Under Hurst v. Florida

INGA IVSAN—The role of the trial judge in the plea bargaining process is not well defined at common law. Numerous cases cite the wide discretion of a trial judge without further analysis. However, there is a difference between the role of the trial judge in an adversarial system of criminal justice compared to a trial […]

The Golden Age of Fair Use

MARK KUIVILA—2015 has brought major developments to the world of copyright law. For example, the copyright for the “Happy Birthday” song was invalidated, saving the public from having to endure yet another rendition of the off-brand Applebee’s or TGI Friday’s version. One of the most important developments in the field has been an apparent expansion […]

FanDuel & DraftKings Partners in Crime: The Government’s Gambling Addiction

TUVIA SANDLER—After a DraftKings employee won $350,000 in a Daily Fantasy Sports contest, the FBI and several states opened investigations into FanDuel and DraftKings, the two leading companies in the industry. In New York, after demanding the companies cease-and-desist operations, Attorney General Eric Schneiderman sued FanDuel and DraftKings alleging that the companies’ business violates the […]