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
The United States Supreme Court recently entertained an issue dividing the federal circuit courts of appeal over whether the federal Truth in Lending Act (TILA) requires a consumer borrower to file a lawsuit in order to exercise her statutory right to rescind, or cancel, certain types of mortgage loans where the lender fails to disclose… continue reading
An older man retires (or is pushed out of the job, depending on whom you ask) after years of forecasting the weather on a major TV network. A man over forty with broadcast experience, as well as degrees in Geosciences and Broadcast Meteorology, applies for the position. The network gives the job to the young… continue reading
“All women in hiding are petrified of the betrayal of such private and personal information . . . and all the shame and anguish such exposure carries with it.” Kathleen Foley, a birth mother who placed her child for adoption, provided this statement. She was pleading with New Jersey lawmakers to show compassion for birth… continue reading
On August 25, 2014, Amazon bought Twitch.tv for approximately $1.1 billion, including $970 million in cash, and the remainder in Amazon stock. What type of venture commands this type of price? View More
In the late 1980s and early 1990s, family-filled boats flocked to Tices Shoal in New Jersey’s Barnegat Bay each weekend of the summer to clam. Children and parents alike would put on rubber shoes, hop in the shallow water and search for clams on the bottom of the bay, hoping that what they thought was… continue reading
The cost of recidivism bears heavily on our society. On a national level, approximately 43% of prisoners return to lockup within three years of being released. In the last two decades, the cost of maintaining the corrections system has quadrupled to approximately $52 billion per year across the states, thus putting an extremely large burden… continue reading
The idea that federal administrative agencies are disconnected from the public is not new. Given the confines of the Administrative Procedure Act (APA) and agency discretion to create the procedures that an agency uses to develop substantive policies and regulations, federal courts offer the public little recourse for more public participation and recognition of diverse… continue reading
Consider the following hypothetical Internet postings: (1) “I’m going to kill you, Judge X!” (2) “You deserve to die, Judge X! You’d better be careful—I know where to find you!” (3) “Judge X should be shot!” (4) “I urge the next patriot who has the chance to shoot and kill Judge X, without further delay!”… continue reading
Nearly thirty years after the first mold case made headlines, courts are starting to see a rapid resurgence in a field that had been marginalized for a long time. In the last decade, scientific development and public hysteria have led to an increase in the amount of toxic litigation cases filed with the courts. To make… continue reading
