By: Colin Mummery
Aircraft financing is a distinctive area of commercial asset-based financing because of unique rules, regulations, and practices. Indeed, the inherent mobile capacity of an aircraft raises important considerations for financing as compared with more traditional fixed assets such as real estate. The law governing any aircraft financing involves a combination of international, federal, and state law. While federal statutes provide for a national system of aircraft registration and lien recordation, the validity and priority of an interest remain state law questions. The ratification by the United States of the Cape Town Convention and associated aircraft Protocol further impacts the federal and state interplay with respect to aircraft objects covered by the Convention by altering certain rules governing aircraft financings through the establishment of an international framework for the creation, registration, enforcement, and prioritization of certain interests relating to specified airframes, engines, and helicopters.
Continue reading “Modernizing Commercial Aviation: A Proposal for Blockchain as a Solution to Aircraft Registration and Recordation”
By Peter Kourkouvis
Last May, the Southern District of New York ruled in Knight First Amendment Institute at Columbia University v. Trump (Knight Institute) that President Trump violated the First Amendment rights of seven individuals when he blocked them from the @realDonaldTrump Twitter account because of their critical comments. Merely the highest-profile instance of a burgeoning phenomenon, people across the U.S. have complained about elected officials blocking them from their social media pages. Since the Knight Institute decision, the Fourth Circuit became the first court of appeals to decide that such exclusion violates the First Amendment. Lawmakers have been put on notice.
However, the issue remains unsettled. Central to determining whether public officials’ blocking of the public from their social media pages violates the First Amendment is determining whether a social media page can constitute a public forum. This Article examines this controversial issue by first discussing the Supreme Court’s public forum doctrine in Part II. Then, Part III discusses how courts have applied forum analysis to public officials’ social media pages. In Part IV, I argue that the approach taken by the Southern District of New York and the Fourth Circuit conforms with public forum analysis, makes sense given popular usage of social media, and best serves the policy of promoting robust discussion on social media, while also providing government officials guidance as to how to avoid violating the public’s First Amendment rights.
Continue reading “You’re Blocked! Should Public Officials Be Allowed to Stifle Speech On Social Media?”
By Varun Chari
The adage “Between a Rock and a Hard Place” has long captured the predicament of the employee-whistleblower who must decide whether to report company fraud. However, with the Securities & Exchange Commission (SEC) providing incentives to whistleblowers to report internally and the General Data Protection Regulation (GDPR) imposing legal restrictions on the collection of personal data, the adage now better describes the employer’s situation. U.S. transnational companies are pressured with the task of restructuring their internal compliance procedures to incorporate the requirements imposed by the GDPR or risk potential liability for failing to do so. This Article will first explain this development by providing a brief background on the SEC whistleblower incentive scheme and the GDPR. Next, this Article will discuss the procedural requirements companies are subject to when they process a whistleblower or third-party’s personal data. Finally, this Article will propose best practices that companies should implement when processing a whistleblower claim internally.
Continue reading “Whistleblowers, Internal Reporting, and GDPR Compliance”