In June 2018, in the matter of South Dakota v. Wayfair, et al.,the U.S. Supreme Court held in favor of South Dakota, overturning the physical nexus standard and allowing economic nexus sales taxation of online sales based upon dollar value or number of sales alone.
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Harmonizing Conversion and the Means Test in Bankruptcy
Determining whether the means test applies in cases converted from Chapter 13 to Chapter 7 has divided courts across the United States and has even caused bankruptcy judges within the same district court to disagree.
Continue readingExploring the Case for Expanded Remote Texter Liability for Employers
In 2013, the New Jersey Appellate Court decided the potentially landmark case of Kubert v. Best, recognizing for the first time that a sender of a text may be held liable to an innocent third party injured in an automobile accident caused by a driver who was distracted by receiving the text.
Continue readingTaxation of Undocumented Immigrants: The Uneasy Connection Between Regulating the Undocumented Immigrant and Fostering Illegal Activity
This article seeks to correct some of the negative perceptions held by the general public pertaining to undocumented immigrants, by drawing attention to four major points.
Continue readingScènes à Faire as Identity Trait Stereotyping
There is at least one place where the law not only recognizes but expects and encourages stereotyping based on race, ethnicity, gender, sexual orientation, gender expression, nationality, and the like (“identity traits”) – stock characters.
Continue readingBeyond Section 230: Liability, Free Speech, and Ethics on Global Social Networks
This article conducts a comparative analysis of intermediary liability laws regarding harmful speech in nine liberal-democratic polities.
Continue readingMusic Modernization and the Labyrinth of Streaming
he shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales.
Continue readingClicks at Any Cost: Why Regulation Won’t Upend the Economics of Fake News
We argue that government-imposed, speech-limiting restrictions cannot contain fake news and, as a result, should not be the answer to the modern fake news epidemic. Instead, the key to combatting the effects of fake news lies in a variety of private-sector initiatives and speech-enhancing protocols. Programs designed to reiterate the importance of media literacy and revitalize civic participation are the cornerstone to ensuring a successful democracy in a digital world.
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