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• Select Innocent Spouse Relief from Joint and Several Federal Tax Liability: Updates, Hurdles, and Considerations.

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  Innocent Spouse Relief from Joint and Several Federal Tax Liability: Updates, Hurdles, and Considerations.

  Author:Charlotte A. ErdmannFrom:Florida Bar Journal (Vol. 97, Issue 2)

  March-April 20235,895 words Article 1890LMarried couples can choose to file either joint tax returns or separate tax returns for federal income tax purposes. (1) In almost every situation, a married couple will have a lower tax liability if they choose to file...
• Select Forging an Effective Appellate Brief: Shaping your arguments around the relevant standard of review helps you mirror the analysis appellate judges will apply - and makes it easier for them to adopt your reasoning.

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  Forging an Effective Appellate Brief: Shaping your arguments around the relevant standard of review helps you mirror the analysis appellate judges will apply - and makes it easier for them to adopt your reasoning.

  Author:Kevin J. PowersFrom:Trial (Vol. 59, Issue 1)

  Jan. 20233,315 words Article 1700LMany attorneys view the standard of review--the most powerful whetstone of legal writing--as mere dead weight. (1) But by allowing the standard of review to focus, sharpen, and shape an appellate brief, you can speak to...
• Select JURIDICAL DISCOURSE FOR PLATFORMS.

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  JURIDICAL DISCOURSE FOR PLATFORMS.

  Author:Thomas E. KadriFrom:Harvard Law Review (Vol. 136, Issue 2)

  Dec. 202218,816 words Article 1930LFacebook founder Mark Zuckerberg has created a private "Supreme Court," or so he says. Since 2021, his company's Oversight Board has issued verdicts on a smattering of Facebook's decisions about online speech. Cynics...
• Select Rights and Federalism: Rethinking the Connections.

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  Rights and Federalism: Rethinking the Connections.

  Authors:Johanne Poirier and Colleen SheppardFrom:Review of Constitutional Studies (Vol. 26, Issue 2)

  Dec. 202212,345 words Article 1770LCanadian federalism and rights are frequently portrayed as being in tension with one another. The entrenchment of rights in the Charter of Rights and Freedoms is often understood as affirming pan-Canadian uniform values...
• Select Constitutional Law - First Amendment - Freedom of Speech - Content Discrimination - City of Austin v. Reagan National Advertising of Austin, LLC.

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  Constitutional Law - First Amendment - Freedom of Speech - Content Discrimination - City of Austin v. Reagan National Advertising of Austin, LLC.

  From:Harvard Law Review (Vol. 136, Issue 1)

  Nov. 20224,922 words Case note 2060LImagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And the third regulates only signs advertising...
• Select DISPARATE DISCRIMINATION.

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  DISPARATE DISCRIMINATION.

  Author:Leah M. LitmanFrom:Michigan Law Review (Vol. 121, Issue 1) Peer-Reviewed

  Oct. 202234,832 words Article 1920LThis Article explains and analyzes a recent trend in the Supreme Court's cases regarding unintentional discrimination, where the argument is that a law has the effect of producing a disadvantage on members of a...
• Select Re-Examining First Day Trading Orders and Tax Status in Bankruptcy After Rodriguez.

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  Re-Examining First Day Trading Orders and Tax Status in Bankruptcy After Rodriguez.

  Author:Arvind RavichandranFrom:American Bankruptcy Law Journal (Vol. 96, Issue 3) Peer-Reviewed

  Fall 202216,671 words Article 1820LHow should a federal bankruptcy court decide which of a federally regulated thrift or an FDIC controlled bank gets a federal tax refund? The Supreme Court of the United States' answer in Rodriguez: Look to state law. (1)...
• Select PARSING PRIVILEGE: DOES THE ATTORNEY-CLIENT PRIVILEGE ATTACH TO AN ANGRY CLIENT'S CRIMINAL THREAT VOICED DURING AN OTHERWISE PRIVILEGED ATTORNEY-CLIENT CONSULTATION?

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  PARSING PRIVILEGE: DOES THE ATTORNEY-CLIENT PRIVILEGE ATTACH TO AN ANGRY CLIENT'S CRIMINAL THREAT VOICED DURING AN OTHERWISE PRIVILEGED ATTORNEY-CLIENT CONSULTATION?

  Authors:Edward and J. ImwinkelriedFrom:Case Western Reserve Law Review (Vol. 72, Issue 4) Peer-Reviewed

  Summer 202215,306 words Article 1780L"Lawyers tend to pay far too little attention to the feelings of their clients. Typically, lawyers ... see themselves solely as 'gatherers of facts.' ... [F]eelings are perceived as irrelevant or objects to be removed...
• Select ALL MIXED UP ABOUT STATUTES: DISTINGUISHING INTERPRETATION FROM APPLICATION.

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  ALL MIXED UP ABOUT STATUTES: DISTINGUISHING INTERPRETATION FROM APPLICATION.

  Author:Randall H. WarnerFrom:Journal of Appellate Practice and Process (Vol. 22, Issue 2)

  Summer 202215,035 words Article 1560LI. INTRODUCTION There's been a lot of talk about statutory interpretation. Maybe too much talk. (1) While most of it is about how to interpret statutes--what methods to use, what authorities to consult, how to discern...
• Select IS ENHANCED JUDICIAL REVIEW THE CORRECT ANTIDOTE TO EXCESSIVE STATE PREEMPTION?

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  IS ENHANCED JUDICIAL REVIEW THE CORRECT ANTIDOTE TO EXCESSIVE STATE PREEMPTION?

  Author:Paul A. DillerFrom:North Carolina Law Review (Vol. 100, Issue 5) Peer-Reviewed

  June 202217,835 words Article 1940LIn proposing a new system of constitutional home rule, the National League of Cities' Principles of Home Rule for the 21st Century ("'Principles",) would empower the judiciary to police preemption in a manner akin to...
• Select Prosecution Accountability and Judicial Review.

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  Prosecution Accountability and Judicial Review.

  Author:Christopher CornsFrom:Victoria University of Wellington Law Review (Vol. 53, Issue 1) Peer-Reviewed

  May 202213,568 words Article 1620LThis article examines the various ways that prosecution decisions can be challenged and, in particular, the extent to which prosecution decisions might be susceptible to judicial review. The focus is on the decision to...
• Select The Ghost of John Hart Ely.

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  The Ghost of John Hart Ely.

  Authors:Ryan D. Doerfler and Samuel MoynFrom:Vanderbilt Law Review (Vol. 75, Issue 3)

  Apr. 202222,428 words Article 1990LThe ghost of John Hart Ely haunts the American liberal constitutional imagination. Despite the failure long ago of any progressive constitutional vision in an increasingly conservative Supreme Court, Ely's conjectures...
• Select THE REASONABLENESS OF THE "REASONABLENESS" STANDARD OF HABEAS CORPUS REVIEW UNDER THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996.

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  THE REASONABLENESS OF THE "REASONABLENESS" STANDARD OF HABEAS CORPUS REVIEW UNDER THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996.

  Author:Paul J. LarkinFrom:Case Western Reserve Law Review (Vol. 72, Issue 3) Peer-Reviewed

  Spring 202236,541 words Article 1690LABSTRACT The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 modified the standard of review that federal courts may use when reviewing the legality of a state court's judgment of conviction....
• Select Taking the Rule of Law Seriously.

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  Taking the Rule of Law Seriously.

  Author:Michele CottonFrom:UMass Law Review (Vol. 17, Issue 1) Peer-Reviewed

  Spring 202215,680 words Article 1730LAmerican legal scholars and jurists have given the rule of law their sustained attention, and the international community has treated it as an important measure of societal well-being. But still the rule of law is not...
• Select Optimizing the World's Leading Corporate Law: A Twenty-Year Retrospective and Look Ahead.

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  Optimizing the World's Leading Corporate Law: A Twenty-Year Retrospective and Look Ahead.

  Authors:Lawrence A. Hamermesh, Jack B. Jacobs, and Leo E. Strine, Jr.From:Business Lawyer (Vol. 77, Issue 2)

  Spring 202232,646 words Article 1890LIn a 2001 article (Function Over Form: A Reassessment of Standards of Review in Delaware Corporation Law) two of us, with important input from the other, argued that in addressing issues like hostile takeovers, assertive...
• Select The Unfortunate Role of Special Litigation Committees in LLCs.

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  The Unfortunate Role of Special Litigation Committees in LLCs.

  Author:Donald J. WeidnerFrom:Business Lawyer (Vol. 77, Issue 2)

  Spring 202228,464 words Article 1880LRecent LLC acts adopt the rule developed for public corporations that most owner claims against managers or other owners are merely "derivative" rather than "direct" and give the firm the right to appoint special...
• Select The Direct-Derivative Distinction, the Special Litigation Committee, and the Uniform Act: A Response to Professor Weidner.

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  The Direct-Derivative Distinction, the Special Litigation Committee, and the Uniform Act: A Response to Professor Weidner.

  Author:Daniel S. KleinbergerFrom:Business Lawyer (Vol. 77, Issue 2)

  Spring 202217,696 words Article 1650LThe Unfortunate Role of Special Litigation Committees in LLCs has a deeply pejorative view of the Uniform Law Commission "second generation" limited liability company act, and that view extends far deeper than the target...
• Select THE "LIMITED" ASSISTANCE OF FOREIGN JURISPRUDENCE: LESSONS FROM INDIA AND THE UNITED STATES ON SEXUALITY AND GOVERNANCE.

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  THE "LIMITED" ASSISTANCE OF FOREIGN JURISPRUDENCE: LESSONS FROM INDIA AND THE UNITED STATES ON SEXUALITY AND GOVERNANCE.

  Author:Magdalene LamFrom:Columbia Journal of Gender and Law (Vol. 42, Issue 2) Peer-Reviewed

  Spring 202217,339 words Article 1990LINTRODUCTION At the heart of Singapore's political identity lies a paradox: Singapore's reliance on liberal foreign policy (1) while maintaining an insular, conservative socio-political landscape. (2) This...
• Select QUEER AND CONVINCING: REVIEWING FREEDOM OF RELIGION AND LGBTQ+ PROTECTIONS POST-FULTON V. CITY OF PHILADELPHIA.

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  QUEER AND CONVINCING: REVIEWING FREEDOM OF RELIGION AND LGBTQ+ PROTECTIONS POST-FULTON V. CITY OF PHILADELPHIA.

  Author:Arianna NordFrom:Washington Law Review (Vol. 97, Issue 1)

  Mar. 202214,143 words Article 2420LRecent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of religion debate. While federal courts have been wrestling with claims brought under the Free Exercise Clause of...
• Select ENFORCEMENT LAWMAKING AND JUDICIAL REVIEW.

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  ENFORCEMENT LAWMAKING AND JUDICIAL REVIEW.

  Author:Z. Payvand AhdoutFrom:Harvard Law Review (Vol. 135, Issue 4)

  Feb. 202234,244 words Article 1720LIt is--and has long been--well known that the Executive's power is expanding. To date, there are two dominant analyses of the judiciary's role in that expansion: the judiciary is intrinsically too weak to check the...