Vol. LIII No. 5

How Tax Models Work

Abstract: Unlike many social and physical sciences, legal scholarship includes little or no discussion of what models mean, how they are connected to the real world of law and policy, or how they should, and should not, be used by legal scholars. This void exists notwithstanding legal scholarship’s increasing reliance on explicit modeling in fields […]

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Toward A Stronger Financial History Antidiscrimination Norm

Abstract: This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants’ credit reports and financial histories in the hiring and licensing processes. The Article begins with a broad normative assessment of the merits of the practice by examining applicable “logics of personhood,” […]

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Restoring Constitutional Balance: Accommodating the Evolution of War

Abstract: When drafting the Constitution, the Framers implemented a structural system of checks and balances to guard against the executive tyranny they had experienced under British rule. During the Vietnam War many in Congress perceived the executive branch as over-reaching, and in response they passed the War Powers Resolution of 1973, which was an attempt […]

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Lien on Me: The Survival of Security Interests in Revenues from the Sale of an FCC License

Abstract: A debtor can give a security interest in collateral only when, among other things, the debtor has rights in that collateral. This rule becomes complicated when a holder of a Federal Communications Commission (FCC) license wishes to grant a security interest in the proceeds it may receive from selling that license in the future. […]

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Going Dutch: The Effects of Domestic Restriction and Foreign Acceptance of Class Litigation on American Securities Fraud Plaintiffs

Abstract: This Note examines the intersection of two recent trends in aggregate litigation in the United States and Europe. In the United States, Congress and the U.S. Supreme Court have significantly restricted the utility of the class action mechanism, leaving many American plaintiffs with legitimate claims without recourse in the United States. Simultaneously, the European […]

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Defeating the Terminator: How Remastered Albums May Help Record Companies Avoid Copyright Termination

Abstract: Starting in 2013, copyright owners can begin terminating copyright grants made thirty-five years earlier. In the music industry, this termination right could harm the profits of record companies, which rely on valuable older recordings to drive profits. But all is not lost for these record companies, as termination is not guaranteed. Congress excluded certain […]

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Text Message Service of Process—No LOL Matter: Does Text Message Service of Process Comport with Due Process?

Abstract: U.S. courts have been slow to embrace new technologies. This is especially true when it comes to service of process. With people in the United States relying heavily on cell phones and text message technology, text messages offer a unique method for serving process. Text messages would be useful for serving a defendant when […]

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Missing After Mensing: A Remedy for Generic Drug Consumers

Abstract: The U.S. Supreme Court’s 2011 decision in PLIVA v. Mensing left consumers of generic drugs without a remedy for failure-to-warn claims. The Court held that FDA regulations made it impossible for a generic drug manufacturer unilaterally to enhance its warning label. Because of this impossibility, the Court held that the FDA regulations preempt state […]

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