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Domestic Asset Protection Trusts: A Debtor's Friend And Creditor's Foe, Nora Hood 2019 Brooklyn Law School

Domestic Asset Protection Trusts: A Debtor's Friend And Creditor's Foe, Nora Hood

Brooklyn Journal of Corporate, Financial & Commercial Law

In 1997, Alaska enacted the first law in the United States legalizing Domestic Asset Protection Trusts (DAPTs), also referred to as self-settled asset protection trusts, as valid legal entities. Under traditional trust law, a debtor cannot shield assets from creditors by placing them in a trust for his or her own benefit. Alaska’s statute allowing DAPTs calls the traditional rule into question. This Note will examine use of DAPTs in the United States, including whether or not the recently amended Uniform Voidable Transaction Act would consider any transfer to a DAPT voidable per se, and discuss an approach that intends …


Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele 2019 Brooklyn Law School

Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele

Brooklyn Journal of Corporate, Financial & Commercial Law

Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the …


Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow 2019 Brooklyn Law School

Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow

Brooklyn Journal of Corporate, Financial & Commercial Law

In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s impact on New …


Dental Board Of California, Helene E. Mayer, Debra Jorgensen 2019 University of San Diego

Dental Board Of California, Helene E. Mayer, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Mason Bettencourt, Debra Jorgensen 2019 University of San Diego

Medical Board Of California, Mason Bettencourt, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Heather Morse, Debra Jorgensen 2019 University of San Diego

Board Of Registered Nursing, Heather Morse, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Kelsey Burns, Betsy Gopinath 2019 University of San Diego

Veterinary Medical Board, Kelsey Burns, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


Contractors’ State License Board, Natasha Pulido, Betsy Gopinath 2019 University of San Diego

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Brian Attard, Debra Jorgensen 2019 University of San Diego

California Board Of Accountancy, Brian Attard, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme 2019 University of San Diego

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme 2019 University of San Diego

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth 2019 University of San Diego

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth 2019 University of San Diego

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen 2019 University of San Diego

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth 2019 University of San Diego

Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Section 1332 State Innovation Waivers: Waiving Goodbye To Cooperative Federalism And Hello To Collaborative Federalism, Brittany Hynes 2019 University of Miami Law School

Section 1332 State Innovation Waivers: Waiving Goodbye To Cooperative Federalism And Hello To Collaborative Federalism, Brittany Hynes

University of Miami Business Law Review

No abstract provided.


The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo 2019 St. Mary's University School of Law

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for abortions in cases of …


An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú 2019 St. Mary's University School of Law

An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú

St. Mary's Law Journal

Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.

This article is the culmination of a ten-hour oral …


St. Mary's Law Journal Fiftieth Anniversary, John Cornyn 2019 U.S. Senate

St. Mary's Law Journal Fiftieth Anniversary, John Cornyn

St. Mary's Law Journal

Senator John Cornyn of Texas congratulates the St. Mary's Law Journal on its fiftieth anniversary.


Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason McIntyre 2019 Elisabeth Haub School of Law at Pace University

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether …


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