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The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021
Get PDFThe decisional law of the First Amendment is an area of law formulated, for the most part, by the high court of the land. At the same time, the study of free speech is equally a study in political philosophy and law. Supreme Court justices have left their mark on the First Amendment free speech doctrine and have made names for themselves in the process. This study explores the impact of Chief Justice John Roberts and the Roberts Court on the free speech doctrine. By examining the case law in this area and the justices and lawyers who craft it, this study paints a picture of the current status of the doctrine and provides insight on its future development
America’s $1.7 Trillion Student Loan Debt Problem: A Story of the American Dream, Good Intentions, and Easy Money
Get PDFThis Note addresses the student loan debt problem in the United States, the serious risks it poses, and why a multi-level solution is required to tackle this growing problem. With the increasing cost of college tuition and correspondingly greater amounts of student loan debt but slower income growth, the mismatch between loan and repayment capability keeps widening. A multi-level approach is required to tackle the $1.7 trillion (and increasing) student loan debt problem. First, tuition must be reduced because even if all student loan debt were to be wiped out today, the unaffordability of tuition would continue to increase, and the student debt would amass again. Second, current student loan borrowers need assistance with repayment, especially given the current pandemic-induced economic environment. Third, student loans need to be dischargeable in bankruptcy proceedings as a last-resort safety net. Inspiration can be taken from the real estate industry in handling each of these levels
The Silver Lining of the COVID-19 Pandemic: Building Effective - and Enduring - International Legal Education Opportunities
Get PDFPersonal Insolvency in China: Necessities, Difficulties, and Possibilities
Get PDFThere has long been demand for personal insolvency laws in China, yet such laws have hitherto been unavailable, in part due to ideological resistance. In more recent years there has been an increase in borrowing by individuals, which has led to increased calls for honest but unfortunate debtors to be able to obtain a fresh start. Yet there is significant public mistrust of defaulting debtors and in particular there is a shadow cast by those termed the Lao Lai that has led many to question the desirability of such a reform. There has also been a need for change in the development of an infrastructure to support a personal insolvency system, such as a social security, property registration and credit information systems, and although progress has been made in these regards there is still a need for further development. However, there has been case law progress in one province enabling collective resolutions of claims against insolvent debtors, and judicial guidance from senior courts has expanded on this. More recently, the COVID-19 pandemic has accelerated progress towards the enactment of personal insolvency laws on a local level in Shenzhen. This article considers the need for personal insolvency laws in China, identifies the obstacles that have hitherto stood in the way of such laws and discusses the momentum which has been recently gained towards the enactment of personal insolvency laws
Business Interruption Insurance in the Time of Covid-19: Who Should Foot the Bill?
Get PDFCOVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies? Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to think so. Some courts have been using traditional canons of contract interpretation to allow plaintiffs to survive summary judgment motions on their claims, and there is a federal push to pass legislation that would require coverage due to COVID-19-mandated closures. This Note posits that any solution to this economic fallout through business interruption insurance must consider the rational economic needs of insurers and incentivize private capital investment to prevent any one industry—or in the event of federal legislation, the taxpayer—from shouldering this monumental burden