Articles Law and Economic Exploitation in an Anti-Classification Age
Does our legal system permit the economic exploitation of extreme vulnerability? Focusing on predatory housing loans—a thriving business at the dawn of the twenty-first century—this Article argues that the answer in most cases is yes. Under an individualistic neoliberal paradigm, borrowers are held liable for their contracts, even if they were targeted with predatory practices. Read more... Defining a Country’s “Fair Share” Of Taxes
Adam H. Rosenzweig
The international tax regime is facing a defining moment. As stories of multinational companies expatriating and shifting income around the world with seeming impunity continue to emerge, the question of how to divide the international tax base among the countries of the world increasingly draws attention from policy-makers and academics. To date, however, the debate has tended to devolve into one over the two traditional tools used to divide worldwide tax base—transfer pricing and formulary apportionment. Read more... Gossiping About Judges
Jordan M. Singer
Gossip about judges is an essential source of information to civil litigators. Hearing third-party assessments of a judge’s personality, demeanor, intelligence, curiosity, and openness to new interpretations of the law can substantially affect a lawyer’s strategic decisions during the course of litigation, and sometimes whether litigation occurs at all. Yet gossip about judges rarely merits mention and has evaded serious study. Read more...
After Marriage Symposium Marital Contracting In a Post-Windsor World
Martha M. Ertman
Isadora Duncan poked fun at “the” marriage contract. But the terms of marriage today differ considerably from the state-provided terms of Duncan’s 1922 marriage to a poet eighteen years her junior, which in turn differed from Duncan’s parents’ marriage. Those everchanging marital rules belie claims that marriage is an unchanging status mandated by God or Nature. To the extent that changes increase freedom to enter and exit a marriage, as well as to tailor the financial rights and duties of spouses vis-à-vis one another, they also reveal contractual aspects of marriage. Read more... From Outsider to Insider and Outsider Again: Interest Convergence and the Normalization of LGBT Identity
Alexander Nourafshan & Angela Onwuachi-Willig
After the Supreme Court’s decision in United States v. Windsor, which declared the federal Defense of Marriage Act (DOMA) unconstitutional, and after the granting of certiorari in Obergell v. Hodges, where the Supreme Court will decide whether the Fourteenth Amendment requires states to provide a marriage license to same-sex couples, national marriage equality seems like a legal inevitability. However, Windsor and Obergell, along with other state-level advances toward marriage equality, are not equally promising for all members of the lesbian and gay community. Read more... Non-Marital Families and (Or After?) Marriage Equality
Deborah A. Widiss
If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. Read more...