Faculty Authored

10-Q Summer/New Job Advice – Summer 2023 Update [PART 1]

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June 7, 2023
For the last several years, at the end of the school year, the editors of The 10-Q have offered tips for those starting new jobs (here and here), chiefly for rising 3Ls taking summer jobs but, we believe, good for anyone embarking on a new career as a lawyer. Times have changed—we’ve lived through COVID —but the need for sage advice has not. Thus, we present an updated version of our random advice for those who are about to be employed, in two parts. This week, we talk about the work; next week, we will talk about socializing.

Best Practices for Emerging Brands: How to Avoid Missteps

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May 30, 2023
Emerging brands face many choices and obstacles as they get up and running, but making the right choices can ensure smoother growth and dispute resolution. Craig Tractenberg suggests that emerging brands choose LLC formation for its flexibility in capital rights, structure, and tax treatment. Regardless, the legal structure needs to address investors’ needs for returns and a voice in the company as well as allow for growth. Emerging brands should also be sure to shop for money carefully, as SBA financing, crowdfunding, and traditional bank financing all have their own pros and cons. Lastly, to avoid unnecessary disputes, they should get in the habit of documenting everything and relying on the right professionals—whether accountants or lawyers—who can save them money (and sanity).

ALBA and UNASUR: Back to the Future?

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Professor Rafael Porrata-Doria’s article ALBA and UNASUR: Back to the Future?, originally published in the Santa Clara Journal of International Law in May of 2022, discusses efforts at creating a unified Latin American region through the lens of different regional trade integration attempts. It briefly examines MERCOSUR and the Andean Group and how these two efforts failed to achieve promises made under the free trade model of the Washington Consensus. It then analyzes another effort, ALBA, tracing its history, development, organizational structure, and institutions and illustrating ALBA’s failure to achieve its goals. It next examines UNASUR, tracing its origins, mission, organizational structure, institutions, and specialized councils. Finally, Professor Porrata-Doria addresses how the failures of both ALBA and UNASUR to achieve their goals or even survive underscores several important lessons for economic integration organizations.

The Legal and Ethical Considerations of Facial Recognition Technology in the Business Sector

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To the casual observer facial recognition technology (FRT) can seem like a gimmick, but FRT is a powerful instrument that presents both unique advantages and sobering drawbacks, raising questions that go to the foundation of privacy and freedom of expression. The facial recognition market is expected to reach $11.62B by 2026, and as the technology outpaces the law and catapults society into unexplored terrain, its benefits must be balanced against its impact on privacy, data protection, and other consumer concerns.

Tattoo Recognition Technology Gaining Acceptance as a Crime-Solving Technique

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Tattoo Recognition Technology (TRT) offers a wealth of information that can be used by law enforcement: identifying a person or corpse where traditional tools such as facial features or fingerprints are unsuitable. They can also provide useful information, such as gang affiliation, religious beliefs, prior convictions, and years spent in jail. However, TRT also raises a host of legal issues including privacy concerns, the law of search and seizure, freedoms of expression and religion, racial profiling, and the Fifth Amendment.