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Chief Justice Roberts commented in a recent dissent that the Supreme Court's sentencing rulings “have given the lower courts a good deal to digest over a relatively short period.” Indeed. Since its landmark holding in United States v. Booker, 543 U.S. 220 (2005), that the Sentencing Guidelines were simply advisory, the Court has swiftly and significantly diminished the relevance of the Guidelines and increased the discretion of district court judges in sentencing defendants. As a result, the defense bar has been given vital tools in advocating on behalf of its clients.
Booker, Rita, Kimbrough, Gall, and Spears
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.