Tontine Pensions
Tontines are investment vehicles that can be used to provide retirement income. A tontine is a financial product that combines… Continue reading →
2015
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An Inconvenient Truth: How Forum Non Conveniens Doctrine Allows Defendants to Escape State Court Jurisdiction
Imagine you are a foreign citizen. You have been injured in a foreign country due to the negligence of a… Continue reading →
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Proposing a Transactional Approach to Civil Forfeiture Reform
Civil forfeiture is a truly extraordinary legal doctrine—so much so that those who find themselves subject to a forfeiture proceeding… Continue reading →
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King v. Burwell and the Validity of Federal Tax Subsidies Under the Affordable Care Act
Set for oral argument on March 4, 2015, King v. Burwell brings to the Supreme Court yet another challenge to… Continue reading →
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Big Data and Predictive Reasonable Suspicion
The Fourth Amendment requires “reasonable suspicion” to stop a suspect. As a general matter, police officers develop this suspicion based… Continue reading →
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Foreign Sovereign Immunity and Comparative Institutional Competence
Policymakers and legal scholars routinely make “comparative institutional competence” claims—claims that one branch of government is better at performing a… Continue reading →
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The Power to Privilege
A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly… Continue reading →
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Blowing the Whistle on Consumer Financial Abuse
The whistleblower programs that the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd–Frank) created within the Securities and Exchange… Continue reading →
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Choice of Law in Fraudulent Joinder Litigation
The grant of subject matter jurisdiction to federal courts based on diversity of citizenship has, for centuries, required complete diversity… Continue reading →