Anomalies in the Affordable Care Act that Arise from Reading the Phrase “Exchange Established by the State” Out of Context



Timothy Stoltzfus Jost & James Engstrand – The Supreme Court is currently considering in King v. Burwell whether residents of all States can receive premium tax credits under the Patient Protection and Affordable Care Act (ACA). The Plaintiffs-Petitioners brought this litigation as a challenge to the validity of a Treasury Department rule allowing all ACA health […]



Lead Article: National Airline Policy



Timothy M. Ravich, National Airline Policy, 23 U. Miami Bus. L. Rev. 1 (2014). The “innovation” of ancillary fees for carry-on baggage, seat selection, and in-flight amenities, to say nothing of the inefficiency of congestion and delays caused by an old aviation infrastructure, has impaired some of the most important promises of airline deregulation for airline […]






The Enduring Controversy Over Digital Royalties in Music



SAMUEL WINIKOFF–The debate over licensing music in the Digital Age came to the forefront of industry news last year, thrusting the industry’s arcane system into the mainstream media. Various artists, songwriters, and industry players have entered the discourse, advancing their sentiments into what has become a growing conversation over the viability of a music-licensing regime […]



Why Resist Tesla’s Direct Sales Model?



MAXWELL J. LEVINE – “Our goal when we created Tesla a decade ago was the same as it is today: to accelerate the advent of sustainable transport by bringing compelling mass market electric cars to market as soon as possible.” Tesla Motors’ (“Tesla”) mission statement constitutes a revolution in the global automotive industry, which generates over $2 […]



Argentina v. NML: What happens when a country is held in contempt of court?



DAVID NEWFIELD – Since Argentina began the process of restructuring its debt on January 14, 2005, many complex and difficult legal issues involving the restructuring of sovereign debt have been debated and discussed. Possibly the most famous of these debates is the contested interpretation of the pari passu clause found in most sovereign debt contracts. […]



California Farmers ‘Raisin’ a Commotion, Supreme Court Willing to Listen Again



JESSALYNN RUBIO–The federal government mandates that California raisin farmers surrender large portions of their harvest each year. Despite this requirement, California raisin farmers often receive no reimbursement or compensation. The federal government collects these shares and stores them in a national reserve. The raisins are then sold internationally, donated to charities, or destroyed. To what […]



Enforcing No Texting While Driving: Is it as Realistic as Achieving Ultimate World Peace?



SAMUEL FALK – More than 3,000 people die, and an excess of a quarter-million are injured, in the United States each year because of texting while driving. Despite 44 states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands banning texting and driving, 47 percent of adults still admit to partaking in that hazardous […]



Taxation And The Internet: Should There Be A Federal Solution To Allow States To Collect Sales Taxes From Online Retailers In A World Of Global Internet Consumerism?



CLAIRE ARRITOLA — Within our lifetime, the Internet has changed the world. It has changed the way that we work, the way we interact, and the way we seek to purchase necessary products and discretionary items. With the power of the Internet, you may purchase anything, from anywhere, without the seller having a physical location […]



WOULD YOU LIKE TO SUPERSIZE THAT? McDonald’s, from franchisor to joint employer



GABRIELLA BRAGA – The National Labor Relations Board (“NLRB”) will soon decide whether companies may be held liable for labor violations carried out by their franchisees. This comes after the NLRB Office of the General Counsel authorized complaints against McDonald’s franchisees and determined that McDonald’s, USA, LLC was a “joint employer.” Joint employer liability requires that […]




See All UMBLR Insights