“New kinds of private money are thriving, with increasing circulation, growing acceptance, and rapid technological innovation. But this new suffers from an old problem: bank runs. Bank runs can destabilize even well-regulated and healthy banks, and their contagion can catalyze and amplify a system-wide financial crisis. Since the 1930s, policymakers have sought to protect our financial system from bank runs through public deposit insurance and other emergency response mechanisms. Those historically effective policy tools, however, are critically unavailable or ineffective in the context of these new types of money. As a result, these new types of money remain critically vulnerable to bank runs, and the potential for financial contagion from their failure poses catastrophic risks to society."

"Two powerful immigration detention systems have developed in tandem in the United States: one, a network of physical detention facilities largely mirroring criminal incarceration; and a second, an amalgamation of physical, electronic, and surveillance-oriented constraints that attach to immigrants subject to ICE's Intensive Supervision Appearance Program (ISAP). This Article provides a rich descriptive account of ISAP's surveillance powers and posits a new theory of ISAP as a form of "conscripted surveillance." ISAP's incredible and invasive reach has largely been justified on grounds that individuals consent to its terms, but this consent is a fallacy. It is based on a coercive choice-agree to ISAP or go to jail and an empty threat—ICE could not actually send everyone it threatened with ISAP to jail if they refused. As such, ICE functionally conscripts immigrants into service as beacons of community surveillance, using the data it collects through ISAP to make mass arrests and facilitate mass deportations. Understanding ISAP in this way reveals how our administrative and legal systems fail to meaningfully oversee the harms that ISAP perpetuates, and it provides a new lens through which to evaluate and critique the terms and scope of immigration detention in the U.S. 

“State contract laws worked well enough in an analog era, when industries like those subject to cooling-off periods frequently operated locally.  But just like other legal frameworks that have undergone transformation with the advent of the Internet, under-the-radar contract laws demand reexamination, especially those associated with online terms.  Modern e-commerce practices suggest that state law may no longer be a suitable forum for industries that operate online, especially when laws are incompatible with each other and can too easily result in a business-killing “gotcha” moment.  For so long as mandatory rules like cooling-off periods remain on the books, whether for dating or any other space-shifting sector, that threat looms over startups, directing resources away from socially critical work while entrenching market leaders—and all due to omitting archaic statutory language in a Terms of Use.  Policymakers have many options to redirect these state laws in a direction more aligned with 21st century practices. That necessarily means finding ways to eliminate inconsistencies across state lines, which could occur through federal regulation or more relaxed state regulation.  Either way, no company should be driven out of business over a contract that no one reads."

"Although they once played an important role in the intergenerational transmission of wealth, joint bank accounts have outlived their usefulness for that purpose, and for nearly all others.  The legal regimes that govern joint accounts, while clear in theory, are so murky in practice that they generate litigation that often frustrates depositor intentions while dissipating depositor assets.  In the current legal environment, depositors who create joint accounts outside of marriage do so largely out of misplaced trust, out of ignorance of legal consequences, or both. Bank employees, depositors’ primary source of information about the legal consequences attendant to joint accounts, have neither the expertise nor the incentive to provide that information in a form depositors will be able to absorb.  The most promising avenues of reform (short of an outright ban on joint accounts outside of marriage) would include increased formalities and/or liability rules that incentivize banks to limit the availability of joint accounts to the one situation in which they continue to have utility:  true communal ownership within a marriage."

"On a theoretical level, the United States’ citizenship-based taxation compellingly implements what tax scholars increasingly designate as “fiscal citizenship.” Other nations’ income taxes define such membership via domicile or residence. From the vantage of fiscal citizenship, an individual’s permanent home is a political community to which that individual, by virtue of his membership in that community, owes an obligation of tax support in accordance with his ability to pay. A U.S. citizen who lives abroad is a member of the national political community of the United States. As a normative matter of fiscal citizenship, an overseas U.S. citizen (like a U.S. citizen living at home) is properly called upon to support that community through her tax payments on her total, worldwide income.  Recent criticism of U.S. taxation of its overseas citizens rests on the hyper-libertarian notion of U.S. citizenship as a 150one-way street which bestows benefits but entails no corresponding duty to support the U.S. The contemporary debate between critics and defenders of U.S. citizenship-based taxation is largely about the nature of citizenship, i.e., whether or not citizenship properly imposes duties of tax support upon citizens wherever they live in accordance with citizens’ respective abilities to pay. Fiscal citizenship provides a compelling premise for the United States’ taxation of the worldwide incomes of all its citizens including its citizens who live offshore."

The Business and Law of Fashion and Retail, edited by two veterans of the fashion world with contributions from lawyers of many of the top fashion companies, is a perfect text for courses in fashion law, retail law, and business school courses related to those industries.

The casebook, which is the only casebook on the subject, considers the strategic and legal perspectives in the growth of a fashion company and a lawyer's role in both. Through legal cases, complaints, excerpts of regulations and academic articles the casebook covers effective strategies for intellectual property protection (including design protection, trademarks and copyrights), commercial operations and expansion of a brand (including employment, fashion licensing and advertising), commercial agreements (including brand collaboration agreements and retail leases), contractual compliance with sustainability issues, and human rights standards and professional responsibility.

The International Tax Revolution offers the first comprehensive analysis of the profound changes in international taxation over the past decade, culminating in the landmark October 2021 agreement by over 140 countries to implement a global corporate minimum tax and modify profit allocation and nexus rules for the digital economy. The book provides a historical narrative of how the original International Tax Regime (ITR) crumbled under the pressures of globalization and tax competition between 1980 and 2008, and how the financial crisis of 2008-2010 and subsequent cuts to social welfare programs spurred governments to adopt new approaches to taxing multinational corporations. Chapters explore the impact of globalization and tax competition on countries' ability to provide a social safety net for their citizens, and outline how the world has come together to limit such competition, modify the outdated rules, and promote greater equity in the global tax system.

This new edition of Dispute Resolution: Beyond the Adversarial Model covers the key processes of negotiation, mediation, and arbitration with later chapters diving into hybrid and multiparty processes, dispute system design, and counseling your client about dispute resolution processes.