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Why States Should Now Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage
Why States Should Now Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage
Articles by Maurer Faculty
States are facing a severe budget crisis as a result of the coronavirus pandemic. And with the federal government unlikely to pass a relief bill to address those state budget issues,1 states will need to play a significant role in making up revenue shortfalls.
This is the first in a three-part series, which is a contribution to Project SAFE: State Action in Fiscal Emergencies. This essay will lay out the general case for why states should consider expanding their sales tax bases to more services as a response to the COVID-19 crisis. The follow-ups will discuss further mechanics and details …
Why States Should Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage
Why States Should Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage
Articles by Maurer Faculty
States are facing a severe budget crisis as a result of the coronavirus pandemic. And with the federal government unlikely to pass a relief bill to address those state budget issues,1 states will need to play a significant role in making up revenue shortfalls.
This is the first in a three-part series, which is a contribution to Project SAFE: State Action in Fiscal Emergencies. This essay will lay out the general case for why states should consider expanding their sales tax bases to more services as a response to the COVID-19 crisis. The follow-ups will discuss further mechanics and details …
Criv Sheet Summaries: A Review Of Aall Annual Meeting Educational Program - Legal Ethics In The Use Of Artificial Intelligence, Ashley A. Ahlbrand
Criv Sheet Summaries: A Review Of Aall Annual Meeting Educational Program - Legal Ethics In The Use Of Artificial Intelligence, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller
Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Unmarked Agents, Accountability, And The Anti-Commandeering Doctrine, Nicholas Almendares
Unmarked Agents, Accountability, And The Anti-Commandeering Doctrine, Nicholas Almendares
Articles by Maurer Faculty
The Trump Administration recently deployed federal agents to Portland, Oregon in response to ongoing protests. Notably, these agents wore camouflage and drove unmarked cars instead of uniforms and vehicles that would clearly identify their agency affiliation and whose authority they act under. The administration also deployed officers in riot gear lacking agency identification to the nation’s capital in June.
Critics argue that these actions represent authoritarian tactics, encourage the use excessive force, and overstep the statutory and constitutional powers of the federal government. They sparked another wave of protests in response throughout the country. Here, I want to sketch an …
Intentional Professional Development In Changing Times, Maggie Kiel-Morse
Intentional Professional Development In Changing Times, Maggie Kiel-Morse
Articles by Maurer Faculty
I recently participated in the AALL Leadership Academy, held virtually on August 6, 7, and 14. The Leadership Academy has a reputation for fostering core leadership skills, and enhancing key tools and strategies for effective leadership, while also providing excellent networking opportunities for participants. I was excited and grateful to be accepted to participate, and to receive a grant from ALL-SIS. When the change to a virtual format was announced, I had some reservations about continuing to participate. Ultimately, I decided that whatever the format, the opportunities for professional growth offered by the Leadership Academy were too good to pass …
Program Review: Empowering Foreign Llm Students To Learn And Thrive, Maggie Kiel-Morse
Program Review: Empowering Foreign Llm Students To Learn And Thrive, Maggie Kiel-Morse
Articles by Maurer Faculty
A review of the program, “Empowering Foreign LLM Students to Learn and Thrive,” presented by Jennifer Allison, in the RIPS-SIS Instructional Design for Law Librarians Workshop, July 28-30, 2020.
Chiarella V. United States And Its Indelible Impact On Insider Trading Law, Donna M. Nagy
Chiarella V. United States And Its Indelible Impact On Insider Trading Law, Donna M. Nagy
Articles by Maurer Faculty
Insider trading cases, which are typically prosecuted as securities fraud, carry a mystique rarely present in securities litigation. As a former U.S. Attorney for the Southern District of New York once observed, the cases involve "'basically cops and robbers. . . .[d]id you get the information and did you trade on it?" It is no wonder that each insider trading case featured in this symposium presents a captivating story. But for two distinct reasons, Chiarella v. United States occupies a special place in history. It was the first prosecution under the federal securities laws for the crime of insider trading. …
The Case For State Borrowing As A Response To The Current Crisis, David Gamage, Darien Shanske
The Case For State Borrowing As A Response To The Current Crisis, David Gamage, Darien Shanske
Articles by Maurer Faculty
The coronavirus pandemic is a national emergency that requires a national response. Asking states to absorb the budgetary losses caused by the pandemic while they are tasked with providing essential frontline services is comparable to asking states during World War II to pay for the landing in Normandy.
This article is a contribution to Project SAFE: State Action in Fiscal Emergencies. We have already argued, more than once, that the federal government should borrow to prevent steep state and local budget cuts. But because the federal government will apparently not take sufficient action, we offer these ideas to states for …
Emotional Well-Being During Fertility Treatment: A Randomized Controlled Trial To Evaluate The Use Of An Online Learning Platform As A Resource, Jody L. Madeira, Abigail L. Bernard, Ashley K. Barbour, Steven R. Lindheim, Linnea R. Goodman
Emotional Well-Being During Fertility Treatment: A Randomized Controlled Trial To Evaluate The Use Of An Online Learning Platform As A Resource, Jody L. Madeira, Abigail L. Bernard, Ashley K. Barbour, Steven R. Lindheim, Linnea R. Goodman
Articles by Maurer Faculty
Infertility and associated therapies have been characterized as anxiety-provoking. As emotional states can be triggered by stimuli, we assessed the impact of a visual multimedia electronic (e)-learning and e-consent platform on patients’ anxiety states prior, during, and upon completion of infertility treatment cycles.
Les Deux Constitutions De John Marshall : Une Relecture De L’Arrêt Marbury V. Madison, Elisabeth Zoller
Les Deux Constitutions De John Marshall : Une Relecture De L’Arrêt Marbury V. Madison, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
The Impact Of An Interactive E-Learning Platform On Patient Comprehension Regarding Infertility Treatment: A Randomized Clinical Trial, Jody L. Madeira, Ashley K. Barbour, Abigail L. Bernard, Steven R. Lindheim, Linnea R. Goodman
The Impact Of An Interactive E-Learning Platform On Patient Comprehension Regarding Infertility Treatment: A Randomized Clinical Trial, Jody L. Madeira, Ashley K. Barbour, Abigail L. Bernard, Steven R. Lindheim, Linnea R. Goodman
Articles by Maurer Faculty
To determine the impact of a multi-media e-learning platform regarding patient comprehension of fertility pathophysiology and treatment.
Bringing Informed Consent To The 21st Century: The Impact Of An Online Resource And Consent Process On Fertility Patient Perceptions, Jody L. Madeira, Abigail L. Bernard, Ashley K. Barbour, Steven R. Lindheim, Linnea R. Goodman
Bringing Informed Consent To The 21st Century: The Impact Of An Online Resource And Consent Process On Fertility Patient Perceptions, Jody L. Madeira, Abigail L. Bernard, Ashley K. Barbour, Steven R. Lindheim, Linnea R. Goodman
Articles by Maurer Faculty
To determine if the use of a multimedia electronic (e)-learning resource and e-consent process influences patients’ perception of their treatment team and eases the administrative burden.
Strategic Nonconformity To The Tcja, Part I: Personal Income Taxes, Darien Shanske, Adam Thimmesch, David Gamage
Strategic Nonconformity To The Tcja, Part I: Personal Income Taxes, Darien Shanske, Adam Thimmesch, David Gamage
Articles by Maurer Faculty
The dire revenue situation that COVID-19 has created for state and local governments is a well documented and looming reality for state legislatures. We and others have explored a variety of ways that states should respond to this crisis in prior articles as a part of Project SAFE (State Action in Fiscal Emergencies), an academic effort to help states weather the fiscal crisis by providing policy recommendations backed by research. We think, as do many others, that in the absence of sufficient federal action, the states should prioritize raising revenue through targeted taxes on economic actors that are best enduring …
Judicial Independence: Tweak The Guiding Paradigm, Charles G. Geyh
Judicial Independence: Tweak The Guiding Paradigm, Charles G. Geyh
Articles by Maurer Faculty
Over time, the public has simply ceased to believe judges when say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument goes, why should they be independent from political controls, when other policymakers are not? We have reached the point where, when judges seek to defend the customs and conventions that have guarded against incursions upon their independence by arguing that “we are all about the law and nothing else,” the public response has increasingly become, “No, no, no, your nose is growing.”
Teaching Information Privacy Law, Joseph A. Tomain
Teaching Information Privacy Law, Joseph A. Tomain
Articles by Maurer Faculty
Teaching information privacy law is exciting and challenging because of the fast pace of technological and legal development and because "information privacy law" sprawls across a vast array of disparate areas of substantive law that do not automatically connect. This Essay provides one approach to teaching this fascinating, doctrinally diverse, and rapidly moving area of law. Through the framework of ten key course themes, this pedagogical approach seeks to help students find a common thread that connects these various areas of law into a cohesive whole. This framework provides a way to think about not only privacy law, but also …
The Folly Of Credit As Pandemic Relief, Pamela Foohey, Dalie Jimenez, Chrisopher K. Odinet
The Folly Of Credit As Pandemic Relief, Pamela Foohey, Dalie Jimenez, Chrisopher K. Odinet
Articles by Maurer Faculty
Within weeks of the coronavirus pandemic appearing in the United States, the American economy came to a grinding halt. The unprecedented modern health crisis and the collapsing economy forced Congress to make a critical choice about how to help families survive financially. Congress had two basic options. It could enact policies that provided direct and meaningful financial support to people, without the necessity of later repayment. Or it could pursue policies that temporarily relieved people from their financial obligations but required that they eventually pay amounts subject to payment moratoria later.
In passing the CARES Act, Congress primarily chose the …
Conformity And State Income Taxes: Suggestions For The Crisis, David Gamage, Michael A. Livingston
Conformity And State Income Taxes: Suggestions For The Crisis, David Gamage, Michael A. Livingston
Articles by Maurer Faculty
To guarantee adequate revenue in the postCOVID-19 era, state governments should consider using all possible tools at their disposal. This article explains how and why state governments should evaluate their degree of conformity with federal tax changes in order to achieve this purpose.
Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage
Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage
Articles by Maurer Faculty
The federal government should be providing states and localities with hundreds of billions of dollars in aid. The arguments against such aid, including the claim that the states have somehow been profligate, do not stand up to scrutiny. Nevertheless, it seems unlikely that the federal government will do enough, and it is already the case that the federal government is acting too slowly. States and local governments, which generally operate under balanced budget constraints, are, accordingly, already making sweeping cuts4 that will deepen the recession and reduce services when they are most needed.
Rather than make these cuts, it would …
States Should Consider Partial Wealth Tax Reforms, David Gamage, Darien Shanske
States Should Consider Partial Wealth Tax Reforms, David Gamage, Darien Shanske
Articles by Maurer Faculty
This article is a contribution to Project SAFE (State Action in Fiscal Emergencies). In other essays in this project, we explain steps the federal government should take to help state and local governments cope with their looming budget crises. The federal government is much better positioned to manage these crises than states and localities and, ideally, it would act sufficiently to prevent the need for state and local governments to cut spending or raise taxes. However, we fear that the federal government may fail to act sufficiently, leaving states and localities with the need to make painful spending cuts, raise …
How The Federal Reserve Should Help States And Localities Right Now, Darien Shanske, David Gamage
How The Federal Reserve Should Help States And Localities Right Now, Darien Shanske, David Gamage
Articles by Maurer Faculty
The COVID-19 pandemic is a giant catastrophe, but the Federal Reserve can still mitigate the looming fiscal crises facing state and local governments. This article — a contribution to Project SAFE (State Action in Fiscal Emergencies) — builds on our prior background essay explaining state and local budget issues.
States Should Quickly Reform Unemployment Insurance, Brian Galle, David Gamage, Erin Scharff, Darien Shanske
States Should Quickly Reform Unemployment Insurance, Brian Galle, David Gamage, Erin Scharff, Darien Shanske
Articles by Maurer Faculty
COVID-19 is causing mass layoffs and related economic hardship, as well as budget crises for state and local governments. This article is part of Project SAFE (State Action in Fiscal Emergencies), an academic effort to help states weather the fiscal crisis by providing policy recommendations backed by research. This article will focus on how state governments should reform unemployment insurance (UI) eligibility and benefits and the taxes funding these programs.
The Violence Of Nosy Questions, Jeannine Bell
The Violence Of Nosy Questions, Jeannine Bell
Articles by Maurer Faculty
This Essay examines a little-studied aspect of police procedure: police officers’ unfettered power to ask questions of motorists. The questions officers ask after they have stopped a car can run the gamut from questions about the nature of the motorist’s travel plans to nosy personal questions. Such questions are often intrusive, and drivers report feeling degraded by having to answer them. This Essay argues that these questions should be regulated because giving officers complete control over what they ask motorists provides a significant space for racial discrimination in policing, creates resentment, and encourages minorities to distrust the police.
The Ordinary Diet Of The Law: How To Interpret Public Law 86-272, Darien Shanske, David Gamage
The Ordinary Diet Of The Law: How To Interpret Public Law 86-272, Darien Shanske, David Gamage
Articles by Maurer Faculty
Indeed, in today’s world, filled with legal complexity, the true test of federalist principle may lie, not in the occasional constitutional effort to trim Congress’ commerce power at its edges, or to protect a State’s treasury from a private damages action, but rather in those many statutory cases where courts interpret the mass of technical detail that is the ordinary diet of the law.
Public Law 86-272 is an important feature of the landscape of both state corporate income taxation and state tax policy more generally. The Multistate Tax Commission is completing an important project on updating the guidance given …
Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet
Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet
Articles by Maurer Faculty
The coronavirus pandemic upturned Americans' lives. Within the first few weeks, millions of Americans reported being laid off from their jobs. Other people were working reduced hours or were working remotely from home. Children's daycares and schools closed, and parents were thrown into new roles as educators and full-time babysitters, while, in some instances, also continuing to work full-time jobs. The profound financial effects caused by even a few weeks of the coronavirus' upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses.
For individuals, the CARES Act includes five provisions that …
Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish
Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish
Articles by Maurer Faculty
For most of us, the Bar Exam conjures up memories of grueling prep courses, intensive studying, and a couple of long days of exhaustive tests. In a way, the exam is the final rite of passage from law student to law practitioner. The exam is intended to test minimal professional competency, evaluating an applicant's legal reasoning and ability to apply general legal principles to various fact patterns.
Recently, bar exams throughout the United States have come under scrutiny. Nationwide pass rates have declined significantly. The same has been true for Indiana. Even though pass rates for first-time takers at the …
Communication Breakdown: How Courts Do - And Don't - Respond To Statutory Overrides, Deborah A. Widiss
Communication Breakdown: How Courts Do - And Don't - Respond To Statutory Overrides, Deborah A. Widiss
Articles by Maurer Faculty
Earlier commentators, including many well-respected judges, have offered thoughtful suggestions for facilitating communication from courts to Congress about problems in statutes that Congress might want to address. My research explores the opposite question. How effective is communication from Congress back to courts? The answer is: Not very. Even when Congress enacts overrides, courts frequently continue to follow the prior judicial precedent. This is likely due more to information failure than willful disregard of controlling law. Nonetheless, a key aspect of the separation of powers is broken.
My research shows that when the Supreme Court overrules a prior decision, lower courts …
Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan
Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan
Articles by Maurer Faculty
Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (“UCIL”), which had as its parent company the American-based Union Carbide Corporation (“UCC”). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout various U.S. federal district courts on behalf of the victims asserting that UCIL and UCC were liable. Eventually, these cases were consolidated through the multi-district litigation (“MDL”) process and placed onto the docket of federal Judge John Keenan. In 1986, Judge Keenan issued his famous forum non conveniens …
The International Law Of Rabble Rousing, Asaf Lubin, Hendrick Townley
The International Law Of Rabble Rousing, Asaf Lubin, Hendrick Townley
Articles by Maurer Faculty
This Essay offers an account of rabble-rousing, a novel information warfare operation worthy of its own classification, and explores the extent to which contemporary international law and available technologies are capable of addressing the threat that this tactic poses to public world order.
This Essay proceeds as follows. Part I provides a definition of rabblerousing strategies, highlighting the ways by which they are uniquely defined from other forms of information warfare. It then proceeds to highlight the dangers associated with the practice.
Part II moves to examine whether rabble-rousing can be recognized as an internationally wrongful act under the traditional …
On Beauty And Policing, India Thusi
On Beauty And Policing, India Thusi
Articles by Maurer Faculty
“To protect and serve” is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers’ perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and …