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Articles by Joseph Landau
Proportionality in Armed Conflict: How to Assess, and Who Decides
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Arguing Class Actions: Arbitration and Class Action Waivers—The Hypocrisy of the 'Textualists' | National Law Journal
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After Being Cited for Lack of Faculty Diversity, Baylor Law Back in Compliance With ABA Council
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The Marble Palace Blog: Chief Justice Burger's Law Clerks Will Gather Again
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
DOJ Updates Corporate Enforcement Policy to Strengthen Corporate Accountability, Transparency
The Department of Justice updated its Corporate Enforcement Policy in the first quarter of 2023 to reflect its continued focus on corporate accountability and transparency. The policy provides guidelines as to how the Criminal Division handles corporate criminal matters, including those related to the Foreign Corrupt Practices Act (FCPA) as highlighted in the case study below.
SCOTUS Clarified RICO’s Domestic Injury Requirement, Did Not Create New Civil Right of Action for Enforcing Arbitration Awards
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The U.S. Supreme Court’s June 22 decision in Yegiazaryan v. Smagin, No. 22-381, resolved a circuit court split over whether the Racketeer Influenced and Corrupt Organizations Act (RICO) is available to foreign plaintiffs, and embraced a nuanced case-by-case analysis that considers the domestic property and activities of a foreign plaintiff in determining whether its alleged injury was suffered in the United States.
By Amanda Bronstad Verified, William K. Bogdan, Joseph Landau, Ron Lazebnik, Alaina Lancaster Verified
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FTC Seeks Comments on Facial Recognition Technology to Protect Preteens' Online Privacy
The Federal Trade Commission is seeking comments on whether to approve a new facial recognition technology for websites and apps to obtain parental consent before collecting or using a preteen’s data under the FTC’s Children’s Online Privacy Protection Act Rule. The Entertainment Software Rating Board is asking for the FTC to approve “Privacy-Protective Facial Age Estimation” technology for determining whether the person giving consent is an adult.
Law Schools Must Embrace AI
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The ‘Race Trial’ of the Century
In a high school classroom in Hillsboro, Texas, county seat of Hill County, population 8,456, John Sepocs was teaching his social studies class of 25 students about the Tulsa race massacre. The class is an honors class on Civil Rights in America. John is white, as are most public school teachers in America, and most of his students are non-white, as are the large majority of public school students in America.
Law Schools Must Implement Meaningful Adjustments
Even prior to the COVID-19 pandemic, advances in technology had begun to filter into the practice of law. Libraries lined with rows of books were already an endangered species. The pandemic has significantly accelerated these changes, compelling legal institutions not always known to be on the technological cutting-edge to rapidly embrace a suite of new changes. While certain aspects of legal practice will eventually return to pre-pandemic norms, many will not.
Evolving Standards of Dual Citizenship
A review of Peter Spiro's At Home in Two Countries (NYU Press, 2016). *** In At Home in Two Countries, PeterSpiro provides a detailed account of the largely untold history of dual citizenship in the United States. The story is complex: laws, policies, and practices surrounding dual nationality have evolved inconsistently across various nations and legal systems; even today, dual citizenship is pervasive inside and outside the United States but largely hidden from careful accounting.
Why Chief Justice John Roberts Might Support Gay Marriage
ON Tuesday, when advocates press the United States Supreme Court for a nationwide right to marry for same-sex couples, they and their supporters will have reason to be optimistic. Since the court decided United States v. Windsor in 2013, a vast majority of state and lower federal courts — not to mention the wider public — have embraced the overwhelming moral, logical and evidentiary case for the freedom to marry.The litigants hope to persuade the swing justice, Anthony M.
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