When is cryptocurrency a commodity?

When is cryptocurrency regulated as a commodity rather than as a security? We ask Christopher Giancarlo, the former h...

Due Process – Can a Litigant Appoint His J...

In this interview on judicial ethics and judicial recusal, Alicia Bannon (Brennan Center for Justice) explains the ru...

When is alt data illegal?

Alternative data or alt data is now fueling investment decisions at the world's leading private investment funds. So,...

The Lemon Test Explained

In the 1971 Supreme Court case Lemon v. Kurtzmann, the Court established a test to determine whether legislation viol...

Major Questions Doctrine

In the controversial Supreme Court case, West Virginia v. EPA, the high court established a new regime to limit the p...

NYSRPA v. Bruen

The landmark Supreme Court case New York State Rifle and Pistol Association Inc. v. Bruen expanded Second Amendment r...

Sensitive Places under the Second Amendment

Under Second Amendment jurisprudence, states are permitted to restrict guns in "sensitive places." This traces back t...

More Than Two Legal Parents?

Traditionally, parents have come in pairs, but is two the legal maximum when it comes to parental rights?  How does t...

Sperm Donor Parental Rights

Are sperm donors legal parents?  How do states treat sperm donors and egg donors differently under the law?  Yale Law...

Surrogacy – Legal Risks

Parental rights in the U.S. are traditionally linked to childbirth, so how is the law adapting to the increased use o...

H-1B Visa Alternatives

With a cap on the number of H-1B visas issued per year and applications exceeding the quota on any given year, most p...

What Is the H-1B Visa?

The H-1B visa is one of the most popular visa categories for highly skilled workers holding bachelor’s degrees or hig...

Bourbon as Defined by Law

What makes bourbon bourbon? Bourbon is a uniquely American whiskey that is federally defined and regulated. Bourbon i...

Can the Police Require a Brain Scan?

Can the government compel an individual to undergo brain-based memory detection tests? Is there a constitutional righ...

Who Owns the Moon?

While United States astronauts were the first to visit the Moon, this does not mean that the United States owns it.  ...

Can lawyers lie in negotiations?

Are lawyers permitted to lie in business negotiations on behalf of their clients? What about exaggerating, puffing, o...

Are COVID-19 Vaccine Mandates at Universit...

With most schools planning a full return to campus in fall 2021 and COVID-19 cases on the rise again in pockets of th...

Crisis Management — the First 48hrs

When a crisis erupts, the first 24 to 48 hours are critical for a company. The steps taken in those first hours may s...

Returning to the Office — Employer Legal L...

Offices are reopening their doors after a year plus of interruptions, closures, and remote work during the COVID-19 p...

Can you record the police?

Under the Constitution, when can the police prevent the use of cameras in public? While the Supreme Court has not yet...

How do NFT royalties work?

One of the unique features of non-fungible tokens (NFTs) is the ability to distribute royalties from resales. When th...

When can police use deadly force?

Under the Constitution, when may police officers use deadly force? As Professor Rachel Harmon explains, generally, po...

Standard Essential Patents

Standards are necessary for wide adoption of technologies and to ensure interoperability. Mobile phones, for example,...

Offshore Wind Rights

The Biden administration has committed to building and expanding American clean energy infrastructure including offsh...

What is CFIUS?

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that assesses the potent...

Can Hospital Workers Be Fired for Refusing...

The first batch of COVID-19 vaccinations are already being administered to healthcare workers in hospitals and long-t...

Ohio v. Amex

In 2018, the U.S. Supreme Court handed down a decision in Ohio v. Amex that sent ripples through the antitrust world....

The Failing Firm Defense

With an influx of distressed companies as a result of the COVID-19 pandemic, the “failing firm” defense has been attr...

Returning to Work in a Pandemic

For Companies and Private Funds In the early days of the COVID-19 pandemic, many companies and private funds shift...

SPACs – Trends and Structure after Tontine

In the summer of 2020, Tontine, the largest ever special purpose acquisition company (SPAC), debuted on the NY Stock ...

Termination for Bankruptcy Myth

Termination on bankruptcy or insolvency clauses are standard in most contracts. These provisions generally provide th...

What Is Bankruptcy Mothballing?

The COVID-19 virus and government shut-downs have triggered a historic wave of bankruptcies in the United States.  Fa...

Can the Police Lie to You?

When can the police deceive, and when do law enforcement lies go too far? Alex Spiro explores under what circumstance...

Can universities ban hate speech on campus?

Can public universities ban racist, sexist, or otherwise offensive speech?  Lee Rowland of the ACLU explains how the ...

Can you be fired for speech outside the of...

Can a private employer fire you for speech outside of work? Does the First Amendment offer protections to employees a...

Free speech: what constitutes "incitement?"

What constitutes "incitement" under the First Amendment? When is speech so violent and dangerous that it can be prohi...

Business and Finance

This series explores corporate crimes and government efforts to regulate the business world.

COVID-19

From quarantines to force majeure to unapproved medicines, explores the legal quandaries triggered by COVID-19.

Elections and Politics

A look at the laws governing elections and elected officials.

Fashion and Art

What are the IP rights of artists, creators, and designers in their works?

Food, Health, and Environment

The laws governing the foods we eat, the rights to bodies, and the environment.

Free Speech Rights

Explore the rights of free speech, press, assembly, protest and more in this First Amendment series.

Litigation

The gladiators of the legal profession. This series details the rules, insights, and strategies of trial.

Police Power and Individual Rights

What are the limits and parameters of law enforcement powers and individual liberty?

Supreme Court

Deciphering the rulings of the decisions of the nation’s top court. #scotus

Victims Rights & Advocacy

Exploration of the legal rights of victims of crime, natural disasters, domestic violence, and more.

Web3 and Crypto

Blockchain, DeFi, Cryptocurrency, NFTs and the laws that regulate them.