Devising an Artful Tax: An Appraisal of Payment‐in‐Kind Income Taxes in Mexico and the United Kingdom
Now in effect for almost sixty years, Pago en Especie allows Mexican artists to satisfy their annual income taxes by… Continue reading →
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Read My Lipsky: Reliance on Consent Orders in Pleadings
Consent orders are used to resolve government enforcement actions through a court-approved settlement. Although consent orders often include detailed factual… Continue reading →
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Patent Nonuse and Technology Suppression: The Use of Compulsory Licensing to Promote Progress
The U.S. Supreme Court has consistently and adamantly held that patents do not require patentees to use or commercialize their… Continue reading →
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The Divided States of America: Reinterpreting Title VII’s National Origin Provision to Account for Subnational Discrimination Within the United States
From the marginalization of Native Americans to the bitter rivalry between the North and the South, discrimination within the United… Continue reading →
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Putting Plea Bargaining on the Record
More than a decade ago, Rolando Stockton rejected a plea bargain that came with a ten-year prison sentence, opting instead… Continue reading →
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Twenty Years of Shareholder Proposals After Cracker Barrel: An Effective Tool for Implementing LGBT Employment Protections
“This employee is being terminated due to violation of company policy. The employee is gay.” This was the reason Cracker… Continue reading →
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The Applicability of State Appeal Bond Caps in Suits Brought in Federal Courts Pursuant to Diversity Jurisdiction
Since 2000, forty-one states have passed appeal bond reform statutes, a tort reform measure that, in some shape or form,… Continue reading →
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To Copy or Not to Copy, That Is the Question: The Game Theory Approach to Protecting Fashion Designs
Fashion designers in the United States, unlike those in many for- eign jurisdictions, enjoy only limited intellectual property protection for… Continue reading →
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Scaling the Wall and Running the Mile: The Role of Physical-Selection Procedures in the Disparate Impact Narrative
Since the Supreme Court’s landmark decision in Dothard v. Rawlinson in 1977, gender-based disparate impact litigation has been limited in… Continue reading →
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Toward a Constitutional Chevron: Lessons from Rapanos
In 2006, the Supreme Court started a revolution in environmental law. In Rapanos v. United States, while addressing jurisdiction over… Continue reading →