What to Do When Main Street Is Legal Again: Regional Land Value Taxation as a New Urbanist Tool
For most of the twentieth century, Americans left urban centers for suburban landscapes. [O]ver the last one hundred years, American… Continue reading →
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Unconscionability as a Coherent Legal Concept
“Contracts of adhesion” are those long, complicated, boring contracts that no one reads and everyone signs. For a long time,… Continue reading →
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Discriminatory Discretion: PTO Procedures and Viewpoint Discrimination under Section 2(a) of the Lanham Act
The current standards for denying and cancelling trademarks under section 2(a) of the Lanham Act are insufficiently clear to prevent… Continue reading →
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Investor Participation in Initial Public Offerings
During an initial public offering (IPO), shares of a company are sold to the public for the first time. To… Continue reading →
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The Limitations of Tradition: How Modern Choice of Law Doctrine Can Help Courts Resolve Conflicts within the New York Convention and the Federal Arbitration Act
The difficulties faced by parties trying to enforce rights secured through international arbitration stem from the fact that countries have… Continue reading →
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Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty versus Defendants' Complete Constitutional Rights
Special domestic violence criminal jurisdiction for Indian tribes took effect nationally on March 7, 2015, and it was a historic… Continue reading →
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Dangerous Liaisons: Criminalization of “Relationship Hires” under the Foreign Corrupt Practices Act
On August 17, 2013, the New York Times published a front page story on JPMorgan Chase & Co. that cast… Continue reading →
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Getting Their Due (Process): Parents and Lawyers in Special Education Due Process Hearings in Pennsylvania
The Individuals with Disabilities Education Act (IDEA) requires school districts to provide a free appropriate public education to all students,… Continue reading →
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Modernizing Class Action Cy Pres Through Democratic Inputs: A Return to Cy Pres Comme Possible
Forty-five years ago, the ancient doctrine of “cy pres” was lifted from the pages of trust law and applied, for… Continue reading →
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Prohibiting Sexual Orientation Discrimination in Public Accommodations: A Common Law Approach
Although forty-five states have enacted statutes prohibiting discrimination in so-called “public accommodations”—broadly defined as those businesses offering “lodging, food, entertainment,… Continue reading →