How Far Does the Rabbit Hole Go: The Interaction Between Set-Off Rights and the Voidable Preference Hypothetical in Chapter 7 Liquidation

This Note highlights the tension between Section 547 and Section 553 of the Bankruptcy Code, with specific attention paid to the interaction between set-off rights and the hypothetical liquidation invoked by a court in a voidable preference action, and proposes adopting the Ninth Circuit’s reasoning as a bankruptcy court standard when confronted with a similar conflict between the formalized tests in Sections 547 and 553, in an attempt to achieve a more equitable outcome.

Kids Say the Darndest Things: Minors and the Internet

This Note argues that due to the inherent failures of COPPA and the ever rising online presence of both teenagers and minors, the FTC should expand COPPA to include eraser and advertisement protection provisions similar to those found in SB 568 in order to further ensure the protection teenagers and minors online.

Reality Check: The Need to Repair the Broken System of Delegating Legislative Power Under the National Emergencies Act

When the National Emergencies Act was enacted in 1976, Congress could revoke a national emergency declaration by the President by a simple majority vote. Following a major Supreme Court decision in 1983, Congress, to simply retain its own legislative authority, suddenly was required to muster the support of two-thirds of the members of each chamber to override such a declaration. This Article proposes a practical, simple, and sturdy repair to the National Emergencies Act that will limit the potential for executive abuses by requiring Congress to extend, rather than to revoke, a national emergency declaration.

The Constitutional Argument Against the Vice President Casting Tie-Breaking Votes on Judicial Nominees

Introduction Article I of the Constitution vests the Vice President with the power to vote in the Senate in the event of a tie. Textually, this power is not subject to any additional qualifications. However, there are reasons to believe that the Framers intended this tie-breaking power to have certain practical limits, specifically in the context of confirming Article III judges. This essay argues that concerns about the separation of powers, the differences between legislation and the confirmation of presidential… Read More

The Federal Arbitration Act and Independent Contractors

On October 3, 2018, the Supreme Court will hear oral arguments in a case deciding whether Independent Contractors in the Transportation Sector are exempt from Arbitration Clauses under Section 1 of the Federal Arbitration Act (FAA), a critical question for these workers and the entire economy. Professor Frankel argues that the legislative history of the FAA, and the social policy underlying the Act, strongly suggest that they should be.

What Kind of Judge is Brett Kavanaugh?

Kavanaugh is not your average judge. Compared to his circuit court colleagues, and to other recent Supreme Court Justices, Kavanaugh is an outlier on a range of margins. The Trump Administration, the U.S. Senate, and the American people should reckon with these facts and figures.

The Military Transgender Policy: The Realization of Madison’s Incompatible Powers Narrative

Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a… Read More