Vol. 87, Issue 1, 2024 | Published by Albany Law Review

LESSONS FROM COLOMBIA’S RESPONSE TO VENEZUELAN FORCED DISPLACEMENT

Raquel E. AldanaEfraín CruzSandra Morello PeñaKari Peterson

This Article provides a preliminary assessment of Colombia's response to the mass displacement of Venezuelans, concluding with lessons and policy implications for refugee crises other countries around the world face.

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THE SECURITIES AND EXCHANGE COMMISSION AND CRYPTOASSETS: A STUDY IN IRONY

Carol Goforth

This Article considers how the SEC inconsistently applies the definition of a security in the context of investment contracts to cryptoassets and advocates for legislative intervention to alleviate confusion.

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SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
Zamir Ben-Dan
Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.
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THE TEXAS TWO-STEP HARMS CONSUMERS AGAIN
Anthony A. Smith
This article explores the divisive merger–also known as the Texas Two-Step, and argues it is a manipulation of business organizations law at the expense of consumers.
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MAKING WAYFAIR WAY-FAIRER
Noah Chase
This Student Note examines the Wayfair decision within SCOTUS sales tax jurisprudence, recent state tax laws, and a framework for sales taxes complying with the Commerce Clause and Due Process.
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I DON’T WANT TO, AND YOU CAN’T MAKE ME: POLICY AND LEGAL BATTLES OVER MASK MANDATES DURING THE PANDEMIC
Thomas O. McGarity
This Article describes COVID-19 mask mandates as well as the reasons behind resistance before chronicling subsequent mask mandate legal battles and examining implications of such litigation on managing future pandemics.

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INTERNATIONAL LAW BY CORPORATION

Antonia Eliason

This Article examines why corporations increasingly influence the development of international law. It concludes that this could result in the unfettered exploitation of the commons by private entities.

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23ANDME . . . AND YOU: EXAMINING THE EXISTENCE OF A PATIENT’S DUTY TO INFORM FAMILY MEMBERS OF GENETIC TEST RESULTS AND ESTABLISHING A NEW CAUSE OF ACTION

Allegra J. Padula

This Note argues a duty should be imposed on patients to warn relatives of genetic testing which may significantly affect that relative’s health and proposes elements for a new tort.

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DISGORGEMENT ACCOUNTING AFTER LIU V. SEC IN SECURITIES ENFORCEMENT CASES

J.W. Verret

This Article reconciles the SCOTUS opinion, Liu v. SEC, which limits disgorgment penalties to "net profits," with remedies articulated in treatises, and provides guidance for future disgorgement calculations.

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MARINE WILDLIFE CONSIDERATIONS FOR A CONVENTION GOVERNING FLOATING OFFSHORE WIND TURBINES
Elisabeth Schanz
This Student Note considers how international governing bodies may resolve conflicts arising between protecting marine wildlife and the developments in ocean renewable energy technologies, like floating offshore wind turbines (“FOWTs”).
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A CODE TOO EASILY BROKEN: CONTINUING CONCERNS REGARDING THE UNITED STATES SUPREME COURT’S NEW CODE OF CONDUCT
Benjamin Pomerance
This Article praises the Code of Conduct adopted by SCOTUS and highlights areas to amend to restore trust in the Court and ensure uniform ethical standards apply to all judges.
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A RULE OF FOUR? FIVE? OR THREE? DEFENSIVE DENIALS ON THE UNITED STATES SUPREME COURT
Barbara PalmerAaron M. MontgomeryJulie NewcampCarole Wilson
This Article provides an analysis using a decision-theoretic model to explore how the Rule of Four, as well as other submajority and supermajority rules, shape opportunities for defensive denials.