https://jlc.law.pitt.edu/ojs/jlc/issue/feed Journal of Law and Commerce 2024-05-07T12:38:36-04:00 Editor jlc.law@mail.pitt.edu Open Journal Systems <p><a href="http://www.law.pitt.edu" target="_blank" rel="noopener">University of Pittsburgh School of Law</a></p> <p>In 1981, the law school initiated a second review, the semi-annual <a href="http://jlc.law.pitt.edu/">Journal of Law and Commerce</a>. The decision to publish a journal in this area of the law reflects the law school's strength in the commercial, business, tax, and corporate law areas. Within two years of its inception, the Journal was accepted for inclusion in the prestigious Index to Legal Periodicals.</p> https://jlc.law.pitt.edu/ojs/jlc/article/view/273 Volume 42 Issue 1 Front Matter 2024-04-04T15:57:46-04:00 Patrick Sullivan PDS32@pitt.edu <p>N/A</p> 2024-05-07T00:00:00-04:00 Copyright (c) 2024 Patrick Sullivan https://jlc.law.pitt.edu/ojs/jlc/article/view/270 Recailibrating the Use of Zero-Day Vulnerabilities 2024-04-02T15:13:39-04:00 Kellen Carleton KMC266@pitt.edu <p>Zero-day vulnerabilities in critical software systems are of the highest priority for government agencies, black market hackers, and private software vendors. Each of these parties has different priorities and uses for zero-day vulnerabilities, but because of the global economy’s reliance on technology and software, they represent a significant threat to much of the critical infrastructure of the United States. The United States Intelligence Community is among one of the most sophisticated players in the zero-day market, and their decision making with respect to these unknown vulnerabilities has widespread impacts. This note examines the current state of the Vulnerabilities Equities Process, the executive branch policy designed to weigh various equities when determining the fate of a zero-day vulnerability discovered by the Intelligence Community; to use the zero-day to collect intelligence or to disclose the vulnerability and see that it is patched. I argue that the current Vulnerabilities Equities Process does not produce the most optimal outcomes, and that the decision making process must be ‘recalibrated’ to properly weigh all relevant equities and to ensure that zero-day vulnerabilities are not being used irresponsibly.</p> 2024-05-07T00:00:00-04:00 Copyright (c) 2024 Kellen Carleton https://jlc.law.pitt.edu/ojs/jlc/article/view/271 The Lochneress Monster 2024-04-02T15:14:26-04:00 John Ejzak jre52@pitt.edu <div data-ogsc="black">This Note will canvas the history and legacy of <em>Lochner v. New York</em>, and examine the effect that Lochnerism has had on American judges. It will discuss the Lochneress Monster, a new name for a familiar idea, and it will focus on how Lochnerism is utilized as an argumentative tool. Finally, the Note will discuss the importance of continuing to give Lochnerism the measured apprehension that it deserves.</div> 2024-05-07T00:00:00-04:00 Copyright (c) 2024 John Ejzak https://jlc.law.pitt.edu/ojs/jlc/article/view/272 Smells Like Teen Exploitation 2024-04-02T15:15:05-04:00 Erica Wilson erw99@pitt.edu <p>The naked baby on the band Nirvana’s popular album, Nevermind, who is now in his thirties, sued Nirvana and other associated individuals in 2022 on the grounds that the cover of the album depicted child pornography. This note examines the validity of the lawsuit, as well as how “going viral” around the world can affect children, even before the Internet and social media. However, this note specifically assesses how social media can be detrimental on children and their development, especially when those children are social media influencers. Additionally, this note will discuss the current online privacy laws and how they can be improved to better protect one of our society’s most vulnerable population demographics.</p> 2024-05-07T00:00:00-04:00 Copyright (c) 2024 Erica Wilson https://jlc.law.pitt.edu/ojs/jlc/article/view/268 Foreign Investments and Energy Transition in the Netherlands 2024-04-02T12:26:26-04:00 Olga Hrynkiv o.hrynkiv@tilburguniversity.edu Saskia Lavrijssen s.a.c.m.lavrijssen@tilburguniversity.edu <div class="page" title="Page 2"> <div class="layoutArea"> <div class="column"> <p>Affordability, competitiveness, security of supply, and sustainability are among the goals set for the field of the energy transition for 2030 through 2050. In order to meet these goals, the energy sector of the European Union (EU) will require a continuous inflow of capital, particularly Foreign Direct Investment (FDI). Unfortunately, FDI has raised severe national security concerns in EU Member States, leading to the need to adopt and subsequently revisit the FDI screening framework on the EU level. On a domestic level, several EU Member States, such as the Netherlands, have either strengthened <span style="font-size: 0.875rem; font-family: 'Noto Sans', 'Noto Kufi Arabic', -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen-Sans, Ubuntu, Cantarell, 'Helvetica Neue', sans-serif;">or are considering strengthening their screening mechanisms. States have been screening FDI on national security grounds for decades, but the scope of new mechanisms has dramatically expanded to cover more sectors, transactions, and types of investors. In particular, FDIs that affect energy infrastructure, supply of energy, raw materials, dual-use items, and critical technologies necessary for the energy transition should be subjected to more rigid scrutiny. These regulatory and policy developments might hinder the flow of investments into the energy sector and the advancement of new technologies and thus have implications for the prospects and speed of the energy transition in Europe.</span></p> <div class="page" title="Page 3"> <div class="layoutArea"> <div class="column"> <p>This Article will discuss the overarching question of how states can organize their investment screening mechanisms in a way that balances their national security interests against the need for free flow of FDI to stimulate development of technologies that accelerate the energy transition. This includes a case study of the FDI policy of the Netherlands, one of the major destinations of global FDI. This Article initially distills the principles necessary to balancing competing security and economic interests of host states in the investment law context. Based on such principles, it further examines the extent to which existing regulatory mechanisms in the Netherlands are adequate in addressing security concerns posed by FDI while continuing to attract investments in the energy sector and related technologies. Specifically, this Article aims to identify trends in investment screening in the Netherlands, reflect on their coherence with overarching EU investment policy objectives and the multilateral guidance on a good policy design, and discuss the potential implications of recent regulatory developments for the future of the energy transition in Europe. More broadly, this Article contextualizes the case of the Netherlands within the global movement of tightening control over FDI and explores the relationship between the investment policy of a State, on the one hand, and its objectives to combat climate change and safeguard energy security, on the other.</p> </div> </div> </div> </div> </div> </div> 2024-05-07T00:00:00-04:00 Copyright (c) 2024 Olga, Saskia Lavrijssen https://jlc.law.pitt.edu/ojs/jlc/article/view/269 The Decentralised Autonomous Organization 2024-04-02T15:12:56-04:00 Guy Charleton gcharlt3@une.edu.au Michael Adams Michael.Adams@une.edu.au Cindy Whang cindy.s.whang@gmail.com <p>Placeholder</p> 2024-05-07T00:00:00-04:00 Copyright (c) 2024 Guy C. Charleton, Michael Adams, Cindy S. Whang