N.Y.U. Proceedings

by Shrivats Sanganeria*

The federalist model of separation of powers often sets up protracted conflict over the extent to which the federal government is able to preempt the actions of states. Among the growing arenas for such preemption disputes is the field of controlled substances, which the federal government regulates under the Controlled Substances Act (“CSA”). However, several state legislatures have challenged the federal government’s preemptive authority by creating medical marijuana cardholder systems, where individuals can register for a card to obtain and consume medical marijuana. Any such state medical marijuana laws (“SMML”) that were modeled this way would prevent cardholders from being discriminated against by their employers, and shield doctors who prescribe medical marijuana from criminal liability. In this Contribution, Shrivats Sanganeria (’21) argues that any such state statute should be preempted under a theory of obstacle preemption, for the state would have affirmatively authorized conduct that Congress prohibited with the CSA, thus frustrating the purpose of the federal legislation.

The ‘P’ is Not For Privacy: Preventing Private Enforcement of HIPAA

By Editor-in-Chief NYU Moot Court Board

On April 22, 2019

In Contributions

by Ryan Knox*

Can plaintiffs bring state law claims of negligence per se based only on alleged violations of the Health Insurance Portability and Accountability Act (HIPAA)? In this Contribution, Ryan Knox (’19) discusses the interaction of HIPAA with state negligence claims and the legal and policy reasons challenging these private claims. This Contribution ultimately argues that negligence per se claims under state law should not be permitted to be brought when based only on alleged HIPAA violations.

A Call for Sensible Gun Reform Outside of the Home

By Editor-in-Chief NYU Moot Court Board

On April 15, 2019

In Notes

by Michael Treves*

Does the Second Amendment protect an absolute right to carry a firearm in public places for self-defense? In this Contribution, Michael Treves (’19) reviews the text and history of the Second Amendment and Supreme Court precedent, and assesses the application of the Second Amendment outside of the home. Ultimately, this Contribution argues that the “core” of the Second Amendment does not extend outside of the home, and thus public carry laws do not regulate conduct within the scope of the Second Amendment.

Deciphering Non-Discriminatory Licensing Terms Under a FRAND Commitment

By Editor-in-Chief NYU Moot Court Board

On April 8, 2019

In Contributions

by Arielle Koppell*

To what extent can a SEP holder can discriminate in how it licenses to suppliers without violating its FRAND commitment? In this Contribution, Arielle Koppell (’19) considers whether and how SEP holders can discriminate in licensing. Ultimately, this Contribution argues that a SEP holder should be able to arrange differential licensing terms for vertically integrated and non-vertically integrated licensee counterparts require its licensees to purchase tied non-SEP components when those non-SEP components are functionally related.

Just How Extra? The Case for Clear Guidelines to Apply Section 10(b) Extraterritorially

By Editor-in-Chief NYU Moot Court Board

On April 4, 2019

In Contributions

By Mathews R. de Carvalho*

When does the use of the Exchange Act cross the line into forbidden extraterritoriality? In this contribution, Mathews R. de Carvalho (’19) examines recent federal court decisions which try to develop a body of law under which Section 10(b) might be applied to parties outside the United States without contravening the presumption against extraterritoriality. This Contribution argues that one approach taken by circuit courts – the irrevocable liability test – represents the most faithful application of the Supreme Court’s dictates in Morrison v. National Australia Bank Ltd.

Prejudgment Interest in Hybrid Jones Act-Unseaworthiness Claims

By Editor-in-Chief NYU Moot Court Board

On March 26, 2019

In Contributions

by Nate Blevins*

Are plaintiffs who raise hybrid claims for unseaworthiness under the common law of admiralty and negligence under the Jones Act ineligible to obtain prejudgment interest? In this Contribution, Nate Blevins (’19) discusses the interaction of admiralty common law and the Jones Act—along with the Federal Employers Liability Act incorporated therein—that has led to a circuit split on this issue. Ultimately, this Contribution argues that, contrary to the rule in most circuits, a plaintiff who prevails on both counts of a hybrid claim should be eligible for prejudgment interest.

Language Conduit Theory After Crawford

By Editor-in-Chief NYU Moot Court Board

On March 11, 2019

In Contributions

By Caleb Younger*

Must interpreters be available for cross examination under the Confrontation Clause? In this Contribution, Caleb Younger (’19) discusses the conduit theory in light of the Supreme Court’s decision in Crawford v. Washington and subsequent lower court findings. Ultimately, this Contribution argues that the Crawford Court properly interpreted the Sixth Amendment and that the language conduit theory fails under both Supreme Court jurisprudence and the Constitutional text.

Weighing Allegations of Terrorism & the Accused’s Criminal Record in the Probable Cause Calculous

By Editor-in-Chief NYU Moot Court Board

On March 4, 2019

In Contributions

By Daniel Kugler*

Do allegations of terrorist conduct along with the accused’s unrelated criminal records, establish probable cause under the Fourth Amendment? In this Contribution, Daniel Kugler (’19) discusses how circuits have approached this and similar questions using the Supreme Court’s totality of the circumstances framework. This Contribution argues that an ex-spouse’s allegations of terrorism—such as stockpiling weapons and posting terrorist propaganda on social media—are insufficient to establish probable cause to search for contraband when accompanied only by the accused’s unrelated criminal records.

State Action Analysis in the Age of Social Media: When Facebook and Twitter Become Tools of the State

By Editor-in-Chief NYU Moot Court Board

On February 25, 2019

In Contributions

by Leah Rosenberg*

When does a public official’s private social media account become a tool of governance subject to constitutional analysis? In this Contribution, Leah Rosenberg (’19) argues that public officials who use their personal social media pages to interact with the public and announce policy should be required to protect constituents’ constitutional rights and may not engage in viewpoint discrimination. This Contribution recommends that courts apply a context-specific approach to censorship claims against state officials and that court consider the specific activities challenged by assessing whether state resources and employees were used to take those actions, if the content pertained to government activities or policy, and whether the official was acting as an agent of the state at the time the censorship occurred.

Unblocked: The First Amendment and the Right to Access a State Official’s Social Media

By Editor-in-Chief NYU Moot Court Board

On February 11, 2019

In Contributions

By Maggie Seery*

Does a state official engage in viewpoint discrimination in a state-sponsored forum when they delete a constituent’s comments or block them from their social media pages? In this Contribution, Maggie Seery (’19) discusses the possible constitutional violations an official may make when using social media to interact with the public. Ultimately, this Contribution argues that deleting a comment or blocking a user from a public social media page constitutes unconstitutional viewpoint discrimination.

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Exploring New Approaches to Unsettled Legal Questions

An Application of Federal Preemption Law to State Efforts to Legalize Medical Marijuana

The ‘P’ is Not For Privacy: Preventing Private Enforcement of HIPAA

A Call for Sensible Gun Reform Outside of the Home

Deciphering Non-Discriminatory Licensing Terms Under a FRAND Commitment

Just How Extra? The Case for Clear Guidelines to Apply Section 10(b) Extraterritorially

Prejudgment Interest in Hybrid Jones Act-Unseaworthiness Claims

Language Conduit Theory After Crawford

Weighing Allegations of Terrorism & the Accused’s Criminal Record in the Probable Cause Calculous

State Action Analysis in the Age of Social Media: When Facebook and Twitter Become Tools of the State

Unblocked: The First Amendment and the Right to Access a State Official’s Social Media