Law Commons^™

Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter

Public Land & Resources Law Review

No abstract provided.

Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White

Public Land & Resources Law Review

No abstract provided.

Nnalsa Briefs Introduction

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Respondent, Skylee James, Lauren Bretz

Public Land & Resources Law Review

No abstract provided.

Held V. State, Cause No. Cdv-2020-307, Amber C. Ellison

Public Land & Resources Law Review

No abstract provided.

Bernard Bronner, Ordered On Defendants' Motion For Approval Of Settlement Agreement, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Jammed Locker: How The Eleventh Circuit's Decision In Adams V. School Board Of St. Johns County May Jam Up Transgender Students’ Rights, Erin Wilson

Villanova Law Review (1956 - )

No abstract provided.

Res Communis And The Space Race: A Lesson (Yet To Be) Learned, Nurah Ghanie

Florida Atlantic University Undergraduate Law Journal

There has been a shift towards privatization and nationalism regarding the exploration of outer space despite these actions being in direct opposition to international space law. This article will explain and argue against these recent developments, using the current dilemma regarding the future of the space stations located in low Earth orbit (LEO) and the potential for a manned bases on the Moon. This article will focus on the legal framework of both international customary law as well as multilateral treaties, including but not limited to the Outer Space Treaty of 1967 in comparison to national policy by explaining the …

Table Of Contents, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson

Florida Atlantic University Undergraduate Law Journal

Following false claims of voter fraud during the 2020 presidential election, several conservative states sought to pass laws designed to limit voter fraud. However, these laws quite clearly restrict the electorate and disproportionally affect the political participation of minority, lower-class, and female voters. The trend of restricting voting rights in the U.S., whether implicitly or explicitly, is not new. Despite claiming to prioritize democratic participation, the U.S. has a history of laws that have limited eligible voters based on race, class, and gender. This is apparent through a close analysis of U.S. voting laws beginning with eligibility as determined by …

Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah

Florida Atlantic University Undergraduate Law Journal

The Depp v. Heard case in early 2022 took the global media by storm with the revelation of shocking facts and the endeavour to mend a man’s broken reputation. In this case, the defendant, Heard, accused Depp, her ex-husband of domestic abuse and many believed these accusations which in turn, sullied Depp’s reputation and negatively impacted his career. Depp maintained that the accusations were untrue and brought forth a defamation suit against Heard. This case undeniably sparked public interest in the law of defamation and its application across the world. The following article will delve into the topic of defamation …

Contributing Author Biographies, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai

Florida Atlantic University Undergraduate Law Journal

Surrounded by controversy, the debate regarding the preservation, or lack thereof, of the death penalty in the United States has sparked intense discourse. It has remained the subject of profound controversy since its beginning during colonial times. Stemming from issues surrounding the ethicality of the capital punishment and the irreversible essence of it, many Americans have begun reevaluating the cruel punishment at hand and favoring the abolishment of the death penalty. As human life becomes increasingly vital in this generation, this paper will argue against the preservation of the death penalty for a multitude of reasons. These compelling reasons include …

Legislating Flexibility In The Post-Pandemic Workplace, Madeline Gyory

Villanova Law Review (1956 - )

No abstract provided.

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE HONORABLE DEREK P. PULLEN OF THE FOURTH JUDICIAL DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH

Sean N. Egan, Attorney for Defendants, Nate D. Ashcraft, Denver C. Snuffer, William T. Jennings

DAVID DRAKE, Attorneys for Afsanteen, L.L.C

State Of Utah V. Dean Spencer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION ON ONE COUNT OF DUI, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE DENISE PORTER

PETER REICHMAN JEFFREY GRAY Utah County Attorney Counsel for Appellee

JENNIFER L. FORESTA (12212) Utah County Public Defender Assoc. Appeals Division Attorneys for Appellant

Are Exit Taxes Discriminatory?, Reuven S. Avi-Yonah

Articles

In a recent column, Tax Notes’ Robert Goulder analyzed case law in Europe on the constitutionality of exit taxes. Many EU member states impose exit taxes on individual residents who move to lower-tax jurisdictions, but the Court of Justice of the European Union has repeatedly struck them down as inconsistent with freedom of movement unless they allow for deferral until realization or death with no interest charge, which is equivalent to having no exit tax at all. Goulder cogently argues that this issue is similar to the Moore problem in the United States, especially since the U.S. exit tax on …

Tax Law Analysis, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Tax law has a unique analytical framework, which the nature of tax law requires. In areas of uncertainty, advisors and taxpayers are unable to determine the outcome of some reporting positions. If a taxpayer takes a reporting position that results in the taxpayer paying less tax at the time a tax return is filed, the taxpayer runs the risk of being required to pay tax later upon an IRS audit. Congress recognizes that there are areas of uncertainty in tax law and only imposes penalties if the authority supporting a reporting position is weak. To determine the strength of a …

Cutting The Corporate Puppet Strings Off Your Physician’S Hands: How Approval Requirements For Material Health Care Transactions Will Improve Patient Outcomes, Jacqueline Grundfast

Brooklyn Journal of Corporate, Financial & Commercial Law

Health care expenditures have grown substantially in recent years, captivating the attention—and investments—of private equity firms. While funding appears attractive to health care institutions, the conflicting priorities of hospitals and firms regarding patient outcomes and monetary gain lead to detrimental impacts on the quality, access, and cost of patient care. These effects highlight the current deficit of federal and state regulation targeting private equity involvement in health care. Recently, states have responded to this absence of legislation by enacting or proposing new laws to govern material health care transactions. In May 2023, New York followed the trend, ratifying Article 45-A …

Baseball's Antitrust Exemption Still Looms Large For Minor Leaguers Despite Their Recent Unionization & Collective Bargaining Agreement, Rodney William Cannon

Brooklyn Journal of Corporate, Financial & Commercial Law

Over a hundred years ago, the Supreme Court of the United States granted Major League Baseball (MLB) an antitrust exemption, allowing the organization to engage in anticompetitive practices that antitrust laws are designed to prevent. Today, MLB remains the only sports league with an antitrust exemption, despite legal challenges and inquiries, especially regarding its impact on the recently unionized Minor League Baseball players in 2022. Issues related to the exemption arise from the history of poor conditions for Minor League Baseball players in relation to their wages, living conditions, and transportation, among others. Despite recent improvements resulting from unionization and …

The Section 1031 Qualified-Use Requirement, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Section 1031 allows owners of real property to dispose of their property and acquire replacement real property tax-free, and it is one of the most widely used transactional-planning provisions in federal tax law. With the variation in size of the transaction to which section 1031 applies comes varying levels of advice available to property owners. The significant variation in advice that property owners receive affects the actions that they take with respect to their property. Such variation appears to be most pronounced with respect to section 1031 exchanges that occur in proximity to business transactions (i.e., contributions to and distributions …

The Section 1031 Exchange Requirement, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Section 1031 is the most widely used transactional tax-planning tool in federal income tax law. It allows owners of real property to transfer their property and acquire like-kind real property without recognizing taxable gain. Yet one of its most fundamental elements—the exchange requirement—remains under-analyzed and widely misunderstood, with costly consequences to untold numbers of taxpayers every year. Inaccurate information regarding the exchange requirement is disseminated to property owners by advisors and exchange professionals, causing property owners to forego business and transactional opportunities. Other property owners pay for costly transactional planning at the urging of advisors who misunderstand the exchange requirement. …

Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco

Brooklyn Journal of Corporate, Financial & Commercial Law

Online Fitness Platforms, like Peloton, have become ubiquitous in a modern post-Covid world. Fitness classes are catered to the musical interests of their users, increasing user satisfaction. Although technology has advanced to accommodate the remote fitness industry, the legal structures in place for synchronization licenses have not. Such platforms have a unique need to clear music on a quick and consistent basis that does not break the bank. Downtown Music Publishing LLC v. Peloton Interactive, Inc., highlights the necessity for a federal statutory scheme similar to those used for other music licenses. A solution that protects competition but does not …

Using Express Federal Preemption To Avoid A Costly State-By-State Regulatory Landscape For Social Media Platform, Benjamin Summers-Berger

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the last five years, the federal government has been slow to respond to the growing number of calls for social media regulation. Social media has a massive impact on American life, fostering connections among people and amplifying information. The companies that own and operate these platforms enjoy a power to disseminate information that has been likened to that of the Catholic Church in the Middle Ages. Yet, there is no substantive regulation of these companies by the federal government. Instead, state governments are attempting to fill the regulatory void left by the federal government. As seen with gerrymandering, if …

Sounds Of Silence: Codifying The Unimpaired Creditor’S Right To Post-Petition Interest At The Contract Rate, Matthew Killip

Brooklyn Journal of Corporate, Financial & Commercial Law

Capital markets, reliant on a framework of transactional predictability and legal surety, face a nuanced challenge arising from the U.S. Bankruptcy Code’s provisions for solvent debtors in Chapter 11 cases. This challenge is the precise methodology for calculating post-petition interest rates on claims of unimpaired, unsecured creditors—a calculation that hinges on whether to apply the contract, state law, or the federal judgment rate. Section 502(b)(2) of the Bankruptcy Code generally prohibits the accrual of interest after a bankruptcy filing. However, this ban is circumvented when the debtor is solvent—the so-called “solvent debtor exception.” This exception, stemming from pre-Bankruptcy Code practice, …

Johnson & Johnson’S Dance With Bad Faith: A Look At How Large Corporations Utilize The Bankruptcy Code To Avoid Liability From Mass Tort Claims, Amy West

Brooklyn Journal of Corporate, Financial & Commercial Law

Since Congress enacted the current Bankruptcy Code in 1978, large corporations have strategically used bankruptcy law to evade liability in mass tort claims. This Note examines three case studies illustrating such attempts. The first case involves Johnson & Johnson, which tried to use the so-called “Texas Two-Step” maneuver to circumvent liability for 38,000 pending talc-related lawsuits linked to injuries caused by its well-known Baby Powder. The second case is the Purdue Pharma bankruptcy. Purdue Pharma, the pharmaceutical manufacturer responsible for creating OxyContin, faces thousands of claims for strict liability, negligence, and failure to warn. The issue here is whether the …

Tax Law Analysis Applied To Section 1031 Exchanges & Proximate Business Transactions, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

The popularity of nonrecognition of gain under section 1031 of the Internal Revenue Code attracts advisors from several corners of the real estate industry, including real estate attorneys; real estate professionals, such as brokers; section 1031 qualified intermediaries; and tax advisors. The varying degrees of professional training often results in advice varying from one advisor to the next. Nowhere is this more apparent than with respect to so-called “drop-and-swap” and “swap-and-drop” transactions. Some advisors claim that property owners must hold property for a specific period of time before or after an exchange to qualify for section 1031 nonrecognition. Others advise …

Reconsidering Scienter With Social Media: Adapting Rule 10b-5 In The Age Of Elon Musk Tweets, John Madigan

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the last twenty years, the rise of social media has dramatically changed how the world communicates. One such transformation is the use of social media platforms to disseminate information regarding the financial markets, aiding investors in their trading decisions. While increased access to financial information has democratized retail consumers’ access to capital markets, it has also introduced a level of instability. Furthermore, social media enables individuals with mass followings to disseminate their thoughts, opinions, or information, potentially influencing investors’ behavior and creating an environment conducive to securities fraud. Since its promulgation, the United States Securities and Exchange Commission (SEC) …

Ticnerships, Bradley T. Borden

Brooklyn Journal of Corporate, Financial & Commercial Law

Tenancy-in-common (TIC) ownership has been around for centuries, but the commercial use of TIC ownership of real property has accelerated over the last couple of decades. The impetus for TIC ownership of real property is twofold: (1) a desire property owners have to obtain the tax benefits of section 1031 of the Internal Revenue Code and (2) the desire property owners have to own property with other property owners and other professional managers and developers. Because section 1031 only applies to exchanges of real property, interests in partnerships and LLCs—the most common type of real property ownership—do not qualify for …