Article

The Allure and Peril of Genetics Exceptionalism: Do We Need Special Genetics Legislation?

Sonia M. Suter
This Article asserts that genetic information is not unique and that concerns about abuses of information should not be limited to genetic information, but should extend to other medical information. Not only is genetic information like other medical information, but treating the two differently under the law leads to unintended inequities between individuals and classes, which raises serious questions about the propriety of public policy based on genetics exceptionalism.
Article

The Federal Tax Implications of Bush v. Gore

Part I reviews the pre-Bosch confusion regarding how much deference federal courts should give to prior state court decisions in federal tax litigation. Federal courts used and advocated a wide variety of approaches during this period, none of which properly accommodated the underlying revenue and comity interests. Part I then turns to the Bosch decision and the original promise of the “proper regard” standard as a way to balance these…
Article

Making Deals in Court-Connected Mediation: What’s Justice Got to Do With It?

Nancy A. Welsh
This Article argues that particularly within the context of the courts, mediation should be expected to deliver to disputants an experience of justice, more commonly referred to as procedural justice. This Article applies the research findings and theories from the procedural justice literature to the current evolution of court-connected mediation. The analysis reveals that some of the changes that streamline bargaining—the dominant participation of disputants’ attorneys and the reduced role…
Article

A Tale of Two Codes: Examining § 522(f) of the Bankruptcy Code, § 9-103 of the Uniform Commercial Code and the Proper Role of State Law in Bankruptcy

Juliet M. Moringiello
There are several reasons why Congress should define the term “purchase-money security interest” in the Code. First, allowing judicial definitions of the term “purchase-money security interest” leads to uncertainty, which is undesirable from both a bankruptcy law and commercial law perspective. In addition, in a consumer goods transaction, purchase-money status is irrelevant outside of bankruptcy. A federal solution to the problem is appropriate and within Congress’ constitutional authority to establish…