Tag Archives: Insights

When a Counteroffer Becomes an Open Offer

MADISON LEVINE—When negotiating plea deals under recommended sentencing guidelines, a judge may offer a downward departure to a defendant only when there exists an open offer by the state. According to State v. Lago, “the Court is prohibited from extending or accepting a plea that would result in a downward departure sentence once the state’s […]

Married on Saturday, Fired on Monday

JOANNE SCHIFFER—Over the past few decades, there has been an ongoing debate over what it means to discriminate “because of . . . sex” under Title VII of the Civil Rights Act of 1964. Title VII states: It shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire […]

FOIA: So Hot Right Now

JENNY LEDIG—A president riding into office on the mantra “drain the swamp” might suggest an administration that would embrace the purpose of the Freedom of Information Act, facilitating government transparency and accountability. But now, after President Trump’s 100th day in office, his team so far shows no intention of increasing transparency under his administration. History […]

“So what?” – The Internet of Things & Privacy Rights Apathy in the Age of Trump

NICOLE CHIPI—On February 17, 2017, the Bundesnetzagentur (Germany’s telecommunications watchdog) issued an official warning to the citizens of Germany, banning a product it declared a threat to the private sphere. Jochen Homann, the agency’s president, added that the ban was “about protecting the rights of the weakest in society.” What was this unauthorized wireless transmitting […]

A De Novo Critique of Administrative Deference

LUIS M. REYES—Administrative agencies are lawmaking bodies created by Congress and are entrusted to enforce the mandates of particular congressional statutes. Yet because these statutes often terse or vague, agencies also promulgate new rules and regulations to supplement ambiguities. The judicially created doctrine of administrative deference serves to give the benefit of the doubt to […]