With nothing less than the survival of the civil justice system hanging in the balance, tort reformers and tort law defenders have been locked in a conflict that spans the last four decades. Courts and legislatures at every level (federal, … Continue reading
The First Circuit Court of Appeals in United States v. Textron, Inc., issued a critically important tax decision giving the Internal Revenue Service (“IRS”) access to Textron’s tax accrual planning work papers. The case is a major victory for the … Continue reading
The national debt of the United States stands at $19.7 trillion. Prospects are poor for federal tax revenues reaching a point where this debt can ever be repaid or successfully managed. Because of extended wars and the financial crisis of … Continue reading
The short answer is no, the New Jersey Bail Reform will not directly affect how the immigration courts determine immigration bonds. However, while the state criminal system is wholly distinct from the federal immigration system, there are increasing intersections of … Continue reading
Today’s youngest generation, known colloquially as “Generation Z,” has never known a life without technology. While demographers might disagree on when this generation actually began, marketers and trend forecasters characterize this group as those who were born during the fifteen … Continue reading
This polemical Essay explores the mutating nature of academic law libraries and the roles of their librarians and directors. It addresses several representative arguments debating the viability of academic law libraries, and, in the end, concludes that they will survive, … Continue reading
Over the past decade Crowdfunding has become increasingly popular within the U.S. Crowdfunding originally was used as a way for performing artists to raise funds for their projects. Most recently, it has been used to fund projects outside of the … Continue reading
As global commerce continues to expand, the volume of cross-border disputes regarding commercial and intellectual property disputes has increased substantially. Contract, business and intellectual property disputes are protected by laws which might vary from region to region. The question naturally … Continue reading
Supplemental needs trusts of the pooled trust variety have offered important dignity-enhancing protections for individuals with disabilities for several decades. A pooled trust, properly structured according to Congressional requirements, allows the wealth of an individual with disabilities to be overseen … Continue reading
In this Essay, I argue that the existing approach to preemption (especially in the environmental context) is flawed because it invites the kind of statutory interpretation that relies heavily on the use of legislative history. Of course, legislative history is … Continue reading