Papers by Michael Sweig, JD, LL.M
Depaul Law Review, 1985
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A THESIS IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAW (LL.M) THOMAS JEFFERSON SCHOOL OF LAW
This thesis proposes tax policy and asset protection reform as social insurance to mitigate “divo... more This thesis proposes tax policy and asset protection reform as social insurance to mitigate “divorce theft” from no-fault divorce. If marriage is still viewed as a traditional contractual relationship (a dubious proposition in the 21st Century), then in contract terms, no-fault divorce can allow a party unilaterally to breach a contract not only without a remedy for the non-breaching party, but also to charge the non-beaching party for the breach, and to extract money and create more powerful rights than existed under the breached contract. Divorce theft should be minimal in a rational, secular, globalized world that has long rejected the negative stigma of
divorce. Unintended consequences of no-fault divorce warrant tax and asset protection reform to reduce the risks of marriage, advance the interests of divorcing partners and their children, and to reduce the financial and social cost of divorce. Paternalism in no-fault divorce is bad public
policy generally, or in any taxation system, and paternalism permeates both divorce and tax law. Dispelled myths about the “offshore” world demonstrate its possible advantages. Portions of the Belize Trust Act have eradicated paternalism in matrimonial (and paternity) contexts, and in part
are a model for proposed tax and asset protection policy through U.S. legislation intended to create a less provincial legal stranglehold on divorcing people and families.
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This article explored problems with companies like Johns Manville that can use bankruptcy to disc... more This article explored problems with companies like Johns Manville that can use bankruptcy to discharge future tort liabilities.
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This Article suggests that the Foreign Sovereign Immunities Act and its commercial activities exc... more This Article suggests that the Foreign Sovereign Immunities Act and its commercial activities exception adequately answer questions that pre-FSIA courts had used the sovereign compulsion doctrine to solve. Recent Supreme Court case law indicates that application of the sovereign compulsion defense in foreign antitrust litigation requires the precise analysis required and already provided for by the commercial activities exception to FSIA.
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This article explains the process and operation of Certificates of Rehabilitation and Good Conduc... more This article explains the process and operation of Certificates of Rehabilitation and Good Conduct in Illinois, the substantially revised statutory framework of which as of 2010 was conceived, written and lobbied by the author.
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This article addresses community-based reentry resources.
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This is the legal research that supported Illinois Governor Pat Quinn's Executive Order to ban th... more This is the legal research that supported Illinois Governor Pat Quinn's Executive Order to ban the criminal history inquiry box on applications for employment in the State of Illinois. The article advocates waiting to commence a criminal background check until after an applicant has been preliminarily qualified for the position he or she has applied for. This solves the problem of throwing the applications of qualified people into the trash simply because they have something in their background that may not be directly related to employment sought and which might not be a public safety risk.
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Papers by Michael Sweig, JD, LL.M
divorce. Unintended consequences of no-fault divorce warrant tax and asset protection reform to reduce the risks of marriage, advance the interests of divorcing partners and their children, and to reduce the financial and social cost of divorce. Paternalism in no-fault divorce is bad public
policy generally, or in any taxation system, and paternalism permeates both divorce and tax law. Dispelled myths about the “offshore” world demonstrate its possible advantages. Portions of the Belize Trust Act have eradicated paternalism in matrimonial (and paternity) contexts, and in part
are a model for proposed tax and asset protection policy through U.S. legislation intended to create a less provincial legal stranglehold on divorcing people and families.
divorce. Unintended consequences of no-fault divorce warrant tax and asset protection reform to reduce the risks of marriage, advance the interests of divorcing partners and their children, and to reduce the financial and social cost of divorce. Paternalism in no-fault divorce is bad public
policy generally, or in any taxation system, and paternalism permeates both divorce and tax law. Dispelled myths about the “offshore” world demonstrate its possible advantages. Portions of the Belize Trust Act have eradicated paternalism in matrimonial (and paternity) contexts, and in part
are a model for proposed tax and asset protection policy through U.S. legislation intended to create a less provincial legal stranglehold on divorcing people and families.