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- Applicant (1)
- Chevron deference (1)
- Circuit courts (1)
- Circuit split (1)
- Credit (1)
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- Credit discrimination (1)
- E-Commerce; Interstate Commerce; Sales Tax; Quill corp; N. Dakota; Heitkammp; Online Retailer; Tax; Marketplace Fairness Act; Origin-Based Taxation (1)
- ECOA (1)
- Equal Credit Opportunity Act (1)
- FRB (1)
- Federal Reserve Board (1)
- Gender discrimination (1)
- Guarantor (1)
- Hawkins v. Community Bank of Raymore (1)
- Political speech; First Amendment; Campaign finance; Federal Election Campaign Act; Political-action committees; Bipartisan Campaign Reform Act; Buckley v. Valeo; Corruption; Equality Rationale (1)
- Puerto Rico; US Territory; commonwealth; colonization; voting rights; suffrage; naturalization; citizenship; Foraker Act; Jones Act; Insular Cases; incorporated territory; unincorporated territory; statehood; taxation without representation; First Amendment; Free Speech; Association; Strict Scrutiny; Government Interests; Compelling Interest; Narrow Tailoring; Proportionality; (1)
- RL BB Acquisition v. Bridgemill Commons Development Group (1)
- Regulation B (1)
- Spousal guarantor (1)
- Supreme Court (1)
- United States; Germany; First Amendment; Basic Law; U.S. Constitution; Anti-Semitism Awareness Act; World War II; the Holocaust; anti-Semitism; ICCPR; ICERD; UDHR; hate crimes; hate speech; freedom of speech; right to human dignity; discrimination; human rights; civil rights; censorship; European Union; United Nations; Network Enforcement Act; NetzDG; General Act on Equal Treatment (1)
- Women’s rights (1)
Articles 1 - 5 of 5
Full-Text Articles in Supreme Court of the United States
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
The Good, The Bad, And The Historically Anti-Semitic: An Analytical Comparison Of Anti-Hate Laws In Germany And The United States, Jamie Rauch
Brooklyn Journal of International Law
Confronted every day with drastically increasing accounts of hate crimes and hate speech, nations’ legislators have routinely tried and subsequently failed to implement effective legislation capable of curbing the hatred epidemic currently sweeping the globe. This failure is due in large part to the lack of a universal stance on hate crime regulation and criminalization. Two countries in particular, the United States and Germany, embody two diametrically opposing approaches taken by nations in the present-day war on hate speech. This Note explores the dramatic dichotomy between the legislative framework surrounding the regulation of hate speech in these two countries. This …
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Brooklyn Journal of Corporate, Financial & Commercial Law
How to tax interstate online purchases is a frequently debated and contentious topic in the business and tax arena. There are numerous parties affected when a transaction occurs and each affected party would like a taxation policy that benefits its own economic interests, without regard for others. Neither the legislative nor the judicial branch has successfully resolved this e-commerce taxation issue. With the growing need for tax revenue, it is prudent for Congress to finally resolve this circuit split and agree on a unifying Online Sales Tax Law. As opposed to the vast majority of proposals pending in Congress, this …
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
Journal of Law and Policy
This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the definition of …