Look to your left. Now look to your right. Only one of you will survive. This phrase, which purportedly used to be common in opening addresses at higher-level learning institutions albeit with different wording1 has recently become reality for parts of the statute that establishes rules and procedures for federal registration of trademarks—the Lanham Act…
Tag: Supreme Court
South Dakota v. Wayfair: E-commerce Now Fair Game for State Sales Taxes
Last term, on June 21, 2018, the Supreme Court decided South Dakota v. Wayfair, the first sales tax jurisdiction case heard by the Court in 25 years.1 The Court’s decision in Wayfair has significant implications for online retailers, as well as for the future of stare decisis.2 Background Wayfair overruled two prior Supreme Court decisions…
The Impact of Murphy v. NCAA
For over two decades, the Professional and Amateur Sports Protection Act (PAPSA) stood as the federal roadblock preventing states from legalizing sports gambling. In May of this past summer, the Supreme Court removed this barrier by a vote of six to three in Murphy v. NCAA.1 Justice Alito wrote the opinion for the Court and…
One Constant in a Series of Changes: State Courts Retain Jurisdiction over Securities Act Claims after Cyan v. Beaver County
The Wall Street Crash of 1929 brought about significant financial market reform. One of those reforms still in effect today is the Securities Act of 1933 (“1933 Act” or “the Act”). The Act aims to force companies offering public securities to provide “full and fair disclosure” of pertinent information.1 To foster compliance, it also provides…
Carpenter v. United States Raises Important Privacy Concerns
In November 2017, the Supreme Court heard oral arguments in the case Carpenter v. United States. Carpenter was charged and convicted for his role in a string of armed robberies occurring mostly in the Detroit area. Investigators identified Carpenter as a suspect and were able to place him near the scene of multiple robberies by…
PEM Entities v. Levin, Does a Circuit Split Really Matter? – Analyzing Competing Approaches to Debt-to-Equity Recharacterizations in Chapter 11.
Corporate reorganizations through bankruptcy can be a messy business. When the parties who have loaned money in an attempt to rescue a company have multiple interconnected relationships, it can become even messier and the job faced by bankruptcy courts can be daunting. That is why PEM Entities v. Levin, which was granted certiorari in 2017 only…
Professional and Amateur Sports Protection Act (PASPA): Where We Are, How We Got Here, and Where We Are Going
During its current term, the Supreme Court of the United States (“SCOTUS”) will hear a case brought by the State of New Jersey challenging the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) in an attempt to legalize sports gambling in the state. Sports betting, and in particular single-game sports betting, has a long…
A bite out of someone’s Apple: What’s at stake with Apple v. Samsung
Last month, for the first time in over one-hundred years, a design patent was front-and-center in a Supreme Court case. The world’s two top smartphone manufacturers, Apple and Samsung, have been battling since 2011 over design patents that cover essential features of their ubiquitous smartphones.1 It started with late Apple CEO Steve Jobs’ vow to…
Time to Reconsider: Why It Is Finally Time for an Online Sales Tax
Though a relatively new method of commerce, online shopping has rapidly become a vital way for consumers to purchase goods. Online shopping provides buyers with a wider range of options than traditional brick-and-mortar stores, all obtained from the comfort of their own homes. Furthermore, prices of items purchased online are often cheaper due in part…