Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- 2013 Marketplace Fairness Bill (1)
- Affordable Care Act (1)
- Amazon Laws (1)
- Antifraud insurance (1)
- Bailouts (1)
-
- Banking and Finance (1)
- Banking and finance (1)
- Cbp (1)
- Cease-and-desist orders (1)
- Community Health Centers (1)
- Consumption tax (1)
- Crowdfunding (1)
- Crowdfunding insurance (1)
- Customs (1)
- D & o (1)
- D&o insurance (1)
- Directors and Officers Liability Insurance (1)
- Dodd-Frank Act (1)
- Enforcement (1)
- Exclusion orders (1)
- Expedited finance trial (1)
- Federal Reserve (1)
- Federal rule of evidence 201 (1)
- Fraud in crowdfunding (1)
- Health Care Reform (1)
- Health Law and Policy (1)
- Income tax (1)
- International tax (1)
- Itc (1)
- Law and Society (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Community Health Centers As A Model For Health Care Reform, Timothy Li
Community Health Centers As A Model For Health Care Reform, Timothy Li
Timothy Li
This Note evaluates Community Health Centers (“CHCs”) as a model for health care reform by considering access, cost, and effectiveness of health care delivered through CHCs, as well as their system of corporate governance. This Note proposes that every medically underserved community adopt a CHC-based model to function as a health care safety net. Not only should the federal government increase support for CHCs, but CHCs should also continue to raise funds from government sources, private foundations, and community supporters. Even though alternative proposals for health care reform may exist, those proposals do not provide an adequate remedy to increase …
The Scientifically Trained Law Clerk: Legal And Ethical Considerations Of Relying On Extra-Record Technical Training Or Experience, Timothy Li
Timothy Li
Technically trained law clerks should be permitted to rely on extralegal scientific principles, but only if those principles are objectively verifiable and not subject to reasonable dispute—a standard that matches Federal Rule of Evidence 201. By contrast, law clerks should not rely on extralegal scientific principles that are not objectively verifiable or beyond reasonable dispute. Technical training is particularly useful for law clerks at the Federal Circuit Court of Appeals because of its focus on patent cases. Technically trained clerks could also be useful at the trial level because the district courts recently began a ten-year Patent Pilot Program.
Proposal For A National Sales Tax To Incentivize The Collection Of Remote Sales Tax, Timothy Li
Proposal For A National Sales Tax To Incentivize The Collection Of Remote Sales Tax, Timothy Li
Timothy Li
This Essay proposes that Congress adopt a national sales tax at one national rate for interstate sales, but with a credit for each transaction in which an out-of-state vendor remits state sales tax. For states without sales taxes, remote vendors can still choose the state rate of zero percent. For states with sales taxes, the national rate should be set to exceed every state’s sales tax rate. Vendors would no longer be able to avoid sales tax by moving overseas. The proposal further provides numerous incentives for Congress to act now rather than delay, including a new source of national …
Fraud In Crowdfunding And Antifraud Insurance, Timothy Li
Fraud In Crowdfunding And Antifraud Insurance, Timothy Li
Timothy Li
The SEC should require crowdfunding issuers under the Jumpstart Our Business Startups Act to obtain private insurance against liability based on Section 4A(c) of the Securities Act, using a model of Directors & Officers’ liability insurance. Antifraud concerns could be a major reason for SEC holdup on crowdfunding rulemaking because the SEC must balance investor protection against the costs of disclosure. To address these concerns, a private insurance model could spread the costs of fraud in crowdfunding across the issuers by using the market to determine the “present value of shareholder litigation risk” for that issuer. The maximum recovery would …
Legal Research Guide For The Customs Enforcement Of Itc Exclusion Orders, Timothy Li
Legal Research Guide For The Customs Enforcement Of Itc Exclusion Orders, Timothy Li
Timothy Li
In recent years, the ITC has become more important in the enforcement of intellectual property (“IP”) rights, including the enforcement of ITC exclusion orders by the Customs and Border Protection (“CBP”). This Legal Research Guide (“Guide”) provides comprehensive coverage of the primary and secondary sources available in the field of CBP enforcement of ITC exclusion orders, and focuses on primary sources because of the subject’s relative newness and administrative law nature. Primary sources include: (1) the U.S. Constitution; (2) U.S. statutory provisions under Title 19 and 35, and legislative histories for those provisions; (3) international treaties; (4) case law from …
Bringing Bailouts To Court: Applying Previously Unrealized Parallels Between Finance And Patents To Solve Economic Crises, Timothy Li
Timothy Li
This Note argues that the Dodd-Frank Act will not prevent future government bailouts of failing banks, because Congress already promised and failed to end bank bailouts only twenty years earlier in response to the Savings and Loans Crisis. Rather than rely on extra-judicial remedies like the Orderly Liquidation Authority, banks should be brought to court in expedited finance trials subject to appeal to the Federal Circuit. One possible model could be expedited patent trials at the U.S. International Trade Commission. In fact, many previously unrealized parallels exist between finance and patents. Both require high technical expertise, benefit from nationwide jurisdiction, …