Vol. 88:1
Categories: In Print, In Print - Table of Contents, Volume 88, Volume 88-1, Volumes | Posted: October 24, 2010
Archive for the 'Volume 88-1' Category
New Twists on an Old Plot: Investors Look to Avoid the Wash Sale Rule by Harvesting Tax Losses with Exchange-Traded Funds
On October 7, 2007, all seemed well on Wall Street as the Dow Jones Industrial Average (DJIA) set a “record high,” closing at 14,164. But, as expressed by Sir Isaac Newton, “what goes up must come down.” And the U.S. stock markets came plummeting down at record pace, declining by over fifty percent “for the [...]
Justice Souter and the Civil Rules
On April 30, 2009, after almost twenty years on the U.S. Supreme Court, Justice David Hackett Souter announced his retirement. A quiet personality never comfortable in the D.C. spotlight (except, perhaps, during his confirmation hearings), Justice Souter was rarely characterized as a force on the Court. No doubt his legacy will be marked in large part—and perhaps [...]
Tremendous Upside Potential: How a High-School Basketball Player Might Challenge the National Basketball Association’s Eligibility Requirements
In 1995, the Minnesota Timberwolves, a franchise in the National Basketball Association (NBA, or “the League”), selected Kevin Garnett with the fifth pick of the NBA Draft. Garnett was a prodigious basketball player who had just graduated from high school. Still playing in the NBA today, Garnett has won the Most Valuable Player award and [...]
In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decision Making
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional doctrine. In Baze v. Rees and Kennedy v. Louisiana, the Court approached the challenged state policies with vastly different levels of deference. Though the Court purported to apply longstanding Eighth Amendment [...]
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power “to enforce this article by appropriate legislation.” In Jones v. Alfred H. Mayer Co., the Supreme Court held that Section 2 permits Congress to define the “badges and incidents of slavery” and pass “all laws necessary and proper” for their abolition. Congress has passed a number [...]
