Articles

November 6, 2017

Jeanne M. Kincaid
Allen L. Kropp

Despite Legal Uncertainty, It’s Time to Think about the Accessibility of Your Campus’s Website and other Technology

Campuses everywhere are grappling with the task of making their electronic and informational technology (EIT) accessible to persons with disabilities. The task may seem colossal when one considers the breadth of any campus’s online content, including websites, learning management systems, and other technology used in classroom instruction or for the day-to-day administration of campus life...

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Higher Education
 
October 19, 2017

Kaighn Smith, Jr.

Federal Indian Law: Taking Account of the Lessons of History

It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples...

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The ALI AdviserIndian Law
 
September 16, 2017

Jeremy R. Fischer
Kaitlyn M. Husar

Freer and Clearer Sales: Using § 363(f) to Strip Non-Traditional Interests from Distressed Assets

Imagine that there is a business struggling with an unsustainable debt load. As a result of these pressures on cash flow, the business cuts corners, including worker safety, resulting in an increase in workplace injuries...

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ABI JournalBankruptcy, Restructuring & Creditors' Rights
 
September 14, 2017

Ann S. Chapman
Kimberly A. Pacelli

Education Secretary Previews Title IX Changes to Come

The Trump administration has finally provided more information about the much-anticipated roll-back of Title IX enforcement. In a strongly-worded speech, U.S. Secretary of Education Betsy DeVos announced on September 7th that the Department intends to “repeal and replace” the April 2011 Dear Colleague Letter...

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Higher Education
 
July 16, 2017

Jeremy R. Fischer

Protecting Present Value: Do Extended Plan Payments Require Periodic Adjustments to the Till Cramdown Interest Rate?

The Bankruptcy Code embodies a series of compromises between the interests of debtors and creditors...

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ABI JournalBankruptcy, Restructuring & Creditors' Rights
 
June 19, 2017

Agnieszka A. (Pinette) Dixon

Regulating Speech in the Wake of Reed v. Town of Gilbert

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Maine Association of PlannersMunicipal Law
 
May 2, 2017

Jeremy R. Fischer

Bankers Beware: Post-Discharge Guaranty Might Be an Invalid Reaffirmation Agreement that Violates Discharge Injunction

Lenders commonly require owners of closely held companies to personally guaranty commercial loans. Requiring personal guaranties provides the lender with several benefits: Not only..

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ABI JournalBankruptcy, Restructuring & Creditors' Rights
 
April 26, 2017

Kaighn Smith, Jr.
Anna B. Cole

Tribal Employee Not Shielded By Sovereign Immunity

In a unanimous decision issued yesterday, the Supreme Court held that a tribal employee can be sued in state court for injuries he caused in a motor vehicle..

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Indian Law
 
April 19, 2017

Mark T. Broth
Anna B. Cole

Labor & Employment Law: Regulating Weapons in Private and Public Workplaces

New Hampshire Governor Chris Sununu signed into law the so-called “constitutional carry” legislation, Senate Bill 12, on Feb. 22, 2017, to ensure “New Hampshire citizens are guaranteed the fundamental right to carry a firearm in defense of themselves and their families, as prescribed by Article 2a of our state constitution.”..

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New Hampshire Bar NewsEmployment & Labor
 
Winter 2017

Eric R. Herlan

First Circuit Finds for Falmouth on FAPE

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School Law AdvisorySchool & Education