Article

Pay It Forward? Law and the Problem of Restricted-Spending Philanthropy

Brian Galle
American foundations and other philanthropic giving entities hold about $1 trillion in investment assets, and that figure continues to grow every year. Even as urgent contemporary needs go unmet, philanthropic organizations spend only a tiny fraction of their wealth each year, mostly due to restrictive terms in contracts between donors and firms limiting the rate at which donations can be distributed. Law has played a critical role in underwriting and…
Article

Uncertain Futures in Evolving Financial Markets

Anita K. Krug
Today’s publicly offered investment funds, including mutual funds, have ever more diverse investment strategies, as they increasingly invest in financial instruments that, in earlier years, had been the province of only the most sophisticated investors. Although the new landscape of investment possibilities may substantially benefit retail investors, one financial instrument attracting increasing amounts of retail investors’ assets is acutely troublesome: the commodity futures contract. Futures originated as a means for…
Article

Alienage Classifications and the Denial of Health Care to Dreamers

Fatma Marouf
In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a…
Note

Effectiveness of Federal Regulation of Mobile Medical Applications

Sarah Jean Kilker
Due to rapid growth and advancement of technology, uncertainty has emerged as to whether some of the medical apps on the market should be considered medical devices, which are subject to stringent regulation by the FDA.The FDA issued final guidelines regarding the regulation of medical apps in September of 2013 and updated the guidance in February 2015, but it has not issued formal regulations. Part I of this Note examines…
Note

Boumediene vs. Verdugo-Urquidez: The Battle for Control over Extraterritoriality at the Southwestern Border

Netta Rotstein
This Note aims to track the Hernandez reasoning, situate it within the historical development of the extraterritoriality doctrine, and evaluate its scope and implications. Part I provides a detailed overview of the development of the extraterritoriality doctrine of the US Constitution. It also describes the modern precedent governing this area of law. Part II critically examines the Hernandez decision in light of its theoretical approach to extending constitutional protections abroad.…