Category Archives: Articles

An Attorney-Client Privilege for Embattled Tax Practitioners: A Legislative Response to Uncertain Legal Counsel

For nearly 500 years, the attorney-client privilege has protected confidential communications between clients seeking legal advice and their attorneys. By shielding the communications, the privilege is generally thought to foster candidness, enhancing the thoughtfulness of the litigation process and allowing … Continue reading

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Discovering Secrets: Act of State Defenses to Bribery Cases

Prosecution of white collar crime, particularly grand corruption bribery, is increasing. High-level bribery is structurally similar to illegal drug cartels and terrorist organizations. Bribe-givers are serviced by multinational networks of attorneys and bankers—the “gatekeepers.” The prosecution of New York attorney … Continue reading

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Legal Turmoil in a Factious Colony: New York, 1664-1776

When Colonel Richard Nicolls, the first English governor of New York, arrived in the fall of 1664, two quite different legal systems confronted him. On Manhattan Island and along the Hudson River, sophisticated courts modeled on those of the Netherlands … Continue reading

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What the Law Should (and Should Not) Learn from Child Development Research

Our legal tradition has always distinguished between children and adults and justified those distinctions in developmental terms. Only relatively recently, however, has that development been extensively studied by psychologists and still more recently, by neuroscientists. Conventional wisdom among children’s rights … Continue reading

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Rhetorical Federalism: The Value of State-Based Dissent to Federal Health Reform

This Article makes the affirmative case for the widespread trend of state resistance to the recently enacted, comprehensive federal health reform law, the Patient Protection and Affordable Care Act of 2010 (“ACA”). A significant number of states have engaged in … Continue reading

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Health Insurance in Switzerland: A Closer Look at a System Often Offered as a Model for the United States

A recent Google search on the words, “Switzerland health care system,” turned up three news reports in the first screen of results presenting Switzerland as a model for the United States. The common thread in these works was the idea … Continue reading

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ERISA Preemption Doctrine as Health Policy

The Employee Retirement Income Security Act (“ERISA”) was passed by a Democratic Congress and signed by a Republican President, Gerald Ford, in 1974. Since that time, it has been a source of confusion and debate among scholars. The primary focus … Continue reading

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Health Reform and Health Equity: Sharing Responsibility for Health in the United States

Two failings of U.S. health care have defined recent reform efforts: the escalating cost of health care—estimated to have reached $2.5 trillion in 2009 —and the swelling ranks of uninsured and underinsured Americans, now totaling some seventy-five million people. They … Continue reading

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New Directions in American Health Care

Despite all the questions that continue to surface about the future effectiveness of health reform, U.S. physicians can do more now to help patients than at any other time in our history. Yet, a dichotomy remains within health care that … Continue reading

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An Act for All Contexts: Incorporating the Pregnancy Discrimination Act into Title IX to Help Pregnant Students Gain and Retain Access to Education

Few would agree that pregnancy discrimination is a tolerable by7 product of a modern society. Yet there is at least one segment of society where pregnancy discrimination can thrive²federally funded schools. Even though Title IX was passed in 1972 to … Continue reading

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