by Tara Smith
This Article argues that a firm distinction between speech and ac-tion is critical to the preservation of freedom of speech. The line be-tween the two has blurred in recent years in disputes over such things as cake bakers’ artistic freedom to refuse certain clients, disruptions of speakers on college campuses, whether campaign finance restrictions limit spending or speaking, and social media companies’ status as platforms or publishers. For the legal system to resolve such conflicts correctly and to uphold the proper boundaries of individuals’ freedom, a firm grasp of the respective referents of “speech” and “action” is imperative.
11 Drexel Law Review 467
by Michael J. O'Connor
Both the SEC and private cryptocurrency attorneys assume that if a crypto token—for example, a bitcoin—is a security when issued, then it is a security when traded on exchanges like Coinbase, Gemini, and Circle. Based on that assumption, the SEC regularly threatens exchanges with enforcement for unlicensed trading. While the literature increasingly examines cryptocurrency’s appropriate regulatory treatment, this baseline assumption has gone unquestioned. This Article suggests that assumption is incorrect. A fundamental difference separates a token when issued by a developer from a token when traded on an exchange: an issuer promises further development and price appreciation, while the exchange promises neither. Unlike stocks and bonds, crypto tokens fall under a different category in the securities laws, regulating “investment contracts.” To be an “investment contract,” a commodity like a crypto token must be accompanied by this extra promise for further development or price appreciation. For that reason, when traded on exchanges, tokens are no longer securities.
11 Drexel Law Review 539
by Brian Bozzo
The United Nations Office for Outer Space Affairs defines “space law” as the international body of law governing space-related activities, comprising “international agreements, treaties, conventions, and United Nations General Assembly resolutions as well as [the] rules and regulations of international organizations.”[1] The concept has developed beyond its origins as an academic theory, prematurely enshrined in the provisions of a treaty intended to address the geopolitical concerns presented by the Cold War. Space law, however, has yet to evolve into a well-defined regulatory scheme required to protect the modern economic interests of private space companies in the United States.
[1].Space Law, United Nations Off. Outer Space Aff., http://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html (last visited Apr. 16, 2019).
11 Drexel Law Review 597
by Fanta Freeman
This Note will explore the history and current state of black women in society and in the criminal justice system, as well as the current state of voir dire as it relates to juror bias. Ultimately, this Note proposes changes to voir dire that could expose the discrete but salient implicit biases of jurors adversely impacting black female defendants
11 Drexel Law Review 651
by Sydney Melillo
This Note argues that Justice Kennedy’s articulation of the recent Sixth Amendment exception to Rule 606(b) should be extended to gender animus that may motivate an individual juror’s finding of guilt. The recent widespread public recognition of gender-motivated assault and harassment begs the question, can a jury deliberation room contaminated with bias be squared with the Sixth Amendment guarantee for an impartial trial?
11 Drexel Law Review 705
by Christopher Mullen
This Note argues that websites should fall within the ADA’s definition of “place of public accommodation” and thus be subject to Title III ADA regulations. Currently the circuit courts are split in their understandings of whether a website falls within Title III’s regulations, and Congress has remained silent on the issue. This Note will provide background to the passage of the ADA, discuss the ongoing circuit split, explain the role of the U.S. Department of Justice in effecting this necessary change, propose and analyze an appropriate solution, and elaborate on what implementation of successful web accessibility standards would look like.
11 Drexel Law Review 745
by Phillip Sylvester
This Note will address the impact of North Carolina’s exclusionary domestic violence statute, which prohibits same-sex couples from accessing the same resources available to opposite-sex victims of domestic violence and forces same-sex couples to seek aid under a “household member” application.
11 Drexel Law Review 783