Category Archives: Uncategorized

Emerging Challenges in Asset Protection Planning

Inga Ivson – Asset protection planning has gained in popularity and acceptance among estate planners over the past two decades, and is now a headline topic at national legal conferences and a featured subject in law school curricula. While the self-settled spendthrift trust was once considered the domain of a handful of offshore jurisdictions, sixteen […]

Pari Passu as a Weapon and the Changes to Sovereign Debt Boilerplate after Argentina v. NML

David Newfield – The pari passu clause is found in nearly every sovereign debt contract issued throughout the globe. In the private context, this clause is well understood to ensure fair distributions to all creditors in the event of bankruptcy and liquidation. As insolvency distributions are not an option when dealing with distressed sovereign debt, the […]

More than Just the Numbers: Fisher v. Texas and the Practical Impact of Texas’s Top Ten Percent Law

Data—actual facts—demonstrate that Texas’s Top Ten Percent Law (“TTPL”) is insufficient to achieve diversity in the state’s universities and colleges.1 A significant amount of TTPL students graduated from hyper-segregated schools where African-American and Latino/a students, combined, comprised 80% or more of the total school population. Also, a substantial amount of these hyper-segregated schools had an […]

It’s Not About Race: The True Purpose of the University of Texas’ Holistic Admissions System is to Give Preferences to Well-Connected White Applicants, Not to Disadvantaged Minorities

Jonathan R. Zell – Most elite colleges and universities employ a so-called “holistic”-admissions system to select all of their incoming students.  In contrast, the University of Texas at Austin (“UT”)—one of the parties in the Supreme Court’s Fisher cases—uses holistic admissions to admit only 20% to 25% of its undergraduate students.  The remaining 75% to 80% […]