Volume 2022, No. 4

PDF linkTable Of Contents


PDF linkSelective Prosecution, Selective Enforcement, and Remedial Vagueness

by Guy Rubinstein

The Supreme Court has explicitly decided not to specify the remedy a criminal defendant proven to be the victim of selective prosecution or selective enforcement should be granted, if any. This Article includes a theoretical analysis of the possible ramifications of the Court’s decades long approach, which it refers to as “remedial vagueness.”

PDF linkMission Critical: Caremark, Blue Bell, and Director Responsibility for Cybersecurity Governance

by H. Justin Pace & Lawrence J. Trautman

If the potential for Caremark liability hangs like the sword of Damocles over corporate directors of Delaware Corporations, then that sword has been considerably more secure than that of the original myth. For decades, Chancellor Allen’s description of a Caremark claim as “possibly the most difficult theory in corporation law upon which a plaintiff might hope to win a judgement” held true. Caremark claims that survived a motion to dismiss were for decades few and far between. That changed in 2019. In the space of little over two years, Delaware courts have allowed five Caremark claims to survive a motion to dismiss. The thread holding that sword is beginning to look more like the single horsehair of myth.

PDF linkThe Emerging Airspace Economy: A Framework for Airspace Rights in the Age of Drones

by Lavi M. Ben Dor & Jonathan M. Hoffman

This Article proposes a legal and regulatory framework to fill in the information gaps surrounding the commercialization of airspace and offers a viable solution for controlling and using low-altitude airspace in the age of drones. We predict the emergence of a marketplace for parties to buy, sell, and lease valuable airspace to accommodate drone delivery, such that companies like Amazon or Walmart will compensate landowners, or even governments that own city streets and highways, for the airspace where drones will one day fly.


PDF linkStop Telephonin’ Me: The Problematically Narrow Conception of Telemarketing Abuse Under the TCPA

by Niall T. Martin

Using the recent Supreme Court case Facebook, Inc. v. Duguid as a starting point, this Note examines the underpinnings, crafting, and enforcement of the TCPA before concluding that the consumer protection law was never equipped to remain effective in its original state for even a single decade, let alone three. By confronting two primary issues at the core of the TCPA’s construction and enforcement scheme, this Comment provides suggestions for future TCPA amendments.

PDF linkThe ABCs of Gaming: Activision, Biden, and Covid-19 Set the Stage for Labor Unionization in the Video Game Industry

by Laura C.S. Newberry

This Comment finds support for industry-wide unionization by comparing successful examples of collective bargaining and unions to the current state of the video game industry. Specifically, this Comment highlights the significant effects of the recent Activision lawsuits, Joe Biden’s pro-labor administration, and the COVID-19 pandemic. Despite past failures, these new circumstances and widespread support can inspire employee action to finally achieve the labor rights the industry deserves.