84.4

Fall

2017

The timing of Professor Michael Klarman’s The Framers’ Coup is fortuitous. Under a never-used constitutional provision, twenty-eight states have asked for a convention to write a balanced budget amendment.

In National Federation of Independent Business v Sebelius (“NFIB”), the Supreme Court maintained both its jurisdiction over the case and the constitutionality of the Affordable Care Act (ACA) by threading the needle between the Anti-Injunction Act (AIA) and Congress’s taxing power under the Constitution.

Given myriad business practices and conditions, establishing certain antitrust harms requires context.

The Federal Rules of Evidence (FRE) and the case law interpreting them attempt to strike a balance between truth seeking and procedural protections for criminal defendants.

A debate over tips and tipped employees, centered on a few provisions of the Fair Labor Standards Act (FLSA), has arisen among the circuits. Despite turning on only a few phrases in the FLSA, this judicial divide has massive implications for the restaurant and hospitality industries.

On February 10, 1995, Stanley Cottman and an acquaintance delivered sixty-five cable boxes to a warehouse operation in Kenilworth, New Jersey. At the warehouse, they spoke with a man who paid Cottman $8,650.

Consider four different potential plaintiffs.

The global financial crisis was much more than a disaster for banks.

In his farewell address, George Washington urged that “[t]he great rule of conduct for us in regard to foreign nations is . . . to have with them as little political connection as possible.”