THE HOUSE ALWAYS WINS: THE WORLD TRADE ORGANIZATION, ONLINE GAMBLING, AND STATE SOVEREIGNTY

Gambling law and policy in the United States are at a tipping point. Gambling regulation has traditionally been a power reserved to the states. States are free to have casinos (except for Indian Casinos, which are governed under federal law), pari-mutuel wagering on horses, greyhounds, or jai alai, or have state lotteries. The Federal Interstate Wire… continue reading

THE MISCLASSIFICATION OF INDEPENDENT CONTRACTORS: THE FIFTY-FOUR BILLION DOLLAR PROBLEM

Employers are required to categorize their workers as either employees or independent contractors. On average, most independent contractors are properly classified, but the problem is that many employers misclassify their workers in order to save on labor costs and avoid liability under various employment Acts. A disheartening story told during a committee hearing involved a dishwasher… continue reading

IS JOHNNY FIVE ALIVE OR DID IT SHORT CIRCUIT? CAN AND SHOULD AN ARTIFICIALLY INTELLIGENT MACHINE BE HELD ACCOUNTABLE IN WAR OR IS IT MERELY A WEAPON

Imagine the scene: in the not too distant future you, as a U.S. Army Captain, are on a mission in the snowy mountain topography of some far off land. Accompanying you are several soldiers, one of which, Sergeant Johnny Five, sits prone behind a large caliber machine gun as you overlook a village. You have… continue reading

COMMON SENSE AIN’T COMMON: HOW ONE GOVERNMENT REGULATION STIFLES SMALL BUSINESS GROWTH

Robert Walters personifies the American dream. Mr. Walters, a college dropout with limited computer skills, worked for General Resellers as a warehouse worker. He was an intelligent, diligent worker who showed great ambition. He proceeded to learn everything about the logistics and material acquisition business that he could. He grew to understand shipping, inventory control,… continue reading

VETERAN LAW STUDENTS: INSTITUTIONAL INITIATIVES TO TRANSFORM THEIR LAW SCHOOL EXPERIENCES

As the number of veterans who are attending college continues to grow, veteran students will likely continue on to graduate schools, including law schools. By acknowledging and welcoming veteran students with institutional programs that recognize these students as a unique population and that link these students with each other through peer-to-peer mentoring programs, law schools can… continue reading

REFLECTIONS ON THE GRAYING OF AMERICA: IMPLICATIONS OF PHYSICIAN ORDERS FOR LIFE-SAVING TREATMENT

This article examines historical developments in advance directives, including their benefits and their problems, and discusses in detail the newest form of advance directive, known as the POLST form, or Physician Order for Life-Sustaining Treatment. Against the backdrop of the author’s personal experience with advance directives, this article examines whether or not the newest “kid… continue reading

2015 SYMPOSIUM: NEW LEGAL STRATEGIES TO PREVENT DRUG OVERDOSES

>On February 4, 2015, theRutgers Journal of Law and Public Policy hosted the New Legal Strategies to Prevent Drug Overdoses Symposium. Speakers included Rosanne Scotti, State Director of the New Jersey chapter of the Drug Policy Alliance, Chief Harry Earle, Chief of Police of Gloucester Township, and Rebecca Ricigliano, Senior Staff Member of New Jersey… continue reading

SHOULD WE REALLY DISCHARGE THE STUDENT LOAN DEBT DISCHARGE EXCEPTION? WHY REVERSING THE 2005 BAPCPA AMENDMENT IS NOT RELIEF TO THE DEBTOR

“A special circle of bankruptcy hell reserved for dads who avoid child support and tax evaders”— morbid as they may be, these words paint an accurate image of student loan debt and its respective bankruptcy laws in the United States today. Student loan debt shares a common evil with overdue taxes and child support obligations… continue reading

CARRIED INTEREST: “THAT IS PURE POPPYCOCK!”

Income classification with respect to private investment funds has been subject to heavy scrutiny over the past few years, as critics have attacked the management structures and compensation practices of fund managers. At the foundation of the debate lies the disparate characterization of income as either “ordinary income” or “capital gains income,” and the preferential… continue reading