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Articles 1 - 27 of 27
Full-Text Articles in Law
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
Tax Issues Affecting Marijuana Businesses, Erik M. Jensen
Tax Issues Affecting Marijuana Businesses, Erik M. Jensen
Faculty Publications
This article considers several issues affecting Internal Revenue Code section 280E, which denies income-tax deductions and credits to businesses trafficking in controlled substances. Even though marijuana is legal in an increasing number of states, it remains a controlled substance under federal law and section 280E therefore applies to marijuana businesses. As a result, investing in a marijuana business is much less attractive than it would otherwise be. The article discusses issues of statutory interpretation but, more important, considers whether an almost complete denial of deductions and credits converts what is in form an income tax into something else. If the …
Human Rights In The Light Of International Opportunism: A Study Of The Impact Of The War On Terrorism On Human Rights
UAEU Law Journal
International terrorism reached its peak on September 11, 2001 when four civilian airplanes were hijacked and hit the World Trade Centre in New York and part of the Pentagon in Washington D.C. Such attacks were considered a serious challenge for contemporary societies which called on their military, economic, and political might to declare an open war against international terrorism. This so-called counter terrorism war emerged to shape the new world order. Such war was accompanied by gross violations of public international law, the international human rights law and the international humanitarian law. In fact, some opportunistic régimes found it a …
The Commissioner Goes Too Far: The Best Interests Of Baseball Clause And The Astros' "High Tech" Sign-Stealing Scandal, Walter T. Champion
The Commissioner Goes Too Far: The Best Interests Of Baseball Clause And The Astros' "High Tech" Sign-Stealing Scandal, Walter T. Champion
Marquette Sports Law Review
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Medical Necessity: A Higher Hurdle For Marginalized Taxpayers?, Julie Furr Youngman, Courtney D. Hauck
Medical Necessity: A Higher Hurdle For Marginalized Taxpayers?, Julie Furr Youngman, Courtney D. Hauck
Loyola of Los Angeles Law Review
Civil rights protection for transgender people—and in particular access to affordable health care—is currently the subject of intense political scrutiny, with a hostile administration chipping away at legal protections. Among other setbacks, a federal district court enjoined regulatory guidelines that were issued in 2016 to clarify that the federal prohibition on sex discrimination in health insurance applies to discrimination on the basis of gender identity and transgender status, and the promulgating agency itself is now reconsidering the guidelines. Without explicit federal protections against discrimination by health insurers and in the face of uneven state law protections, the ability to deduct …
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu
Pepperdine Dispute Resolution Law Journal
This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation of the Second Circuit’s …
Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn
Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn
Brooklyn Law Review
The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question of …
A Comparative Analysis Of The Nfl’S Disciplinary Structure: The Commissioner’S Power And Players’ Rights, Cole Renicker
A Comparative Analysis Of The Nfl’S Disciplinary Structure: The Commissioner’S Power And Players’ Rights, Cole Renicker
Fordham Intellectual Property, Media and Entertainment Law Journal
The power of professional sports commissioners to determine what is in the “best interests” of their respective sport is a significant aspect of sports today, and can be traced back to 1921, when the federal courts authorized then-Commissioner Kenesaw Mountain Landis to act with a broad range of discretion in protecting the “best interests” of baseball. This precedent set in motion a long history of commissioners using the “best interests” of the game power to accomplish various goals, and most recently has been used to discipline players for alleged misconduct. The Commissioner of the National Football League, Roger Goodell, has …
Timing Is Everything: Shea Homes, Inc. V. Commissioner, Nick Griebel
Timing Is Everything: Shea Homes, Inc. V. Commissioner, Nick Griebel
Missouri Law Review
In 1986, the Internal Revenue Code (“Tax Code”) was comprehensively revised for the first time in over thirty years as part of the Tax Reform Act of 1986 (“Act”). In enacting this comprehensive reform, Congress was guided by three overarching objectives: achieving fairness, improving efficiency, and striving for simplicity in the Tax Code. Before 1986, high-income taxpayers found ways to lower their effective tax rates through many tax shelters and loopholes in the Tax Code. As a result, many of these wealthy taxpayers were paying lower tax rates than their less affluent, low-income counterparts. With this perceived unfairness in mind, …
Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties
Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties
Native American Water Rights Settlement Project
Settlement Agreement: Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement; Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States, Arizona Water Company, Buckeye Water Conservation and Drainage District, Buckeye Irrigation Company, Central Arizona Water Conservation District, City of Avondale, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, Roosevelt Water Conservation District, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association. Contents: Agreement 117 pages: 1.0 Recitals p. 2; 2.0 …
Legal Summaries, Susan Christopher
Legal Summaries, Susan Christopher
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Jamie H. Kim
Legal Summaries, Jamie H. Kim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner
No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner
Journal of the National Association of Administrative Law Judiciary
This case note evaluates Ballard v. Commissioner, its roots, and its impact on the Tax Court and administrative agencies. First, the history of the United States Tax Court is provided with a focus on the special trial judges and the structure of Tax Court Rule that was the central focus of Ballard. Second, there is a brief comparison of other positions, such as a magistrate, to the special trial judge. Third, this article simplifies the complicated, prior history of Ballard that includes three different petitioners, weeks of trial, and numerous courts proceedings and opinions. Fourth, the Ballard opinion is analyzed …
Order Of Determination Of Water Rights For The Owyhee River And Its Tributaries, Including The Rights Of The Shoshone-Paiute Tribes Of The Duck Valley Reservation, Shoshone-Paiute Tribes Of The Duck Valley Indian Reservation, Nevada, United States
Order Of Determination Of Water Rights For The Owyhee River And Its Tributaries, Including The Rights Of The Shoshone-Paiute Tribes Of The Duck Valley Reservation, Shoshone-Paiute Tribes Of The Duck Valley Indian Reservation, Nevada, United States
Native American Water Rights Settlement Project
Settlement Agreement: Agreement to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation and the Upstream Water Users, East Fork Owyhee River (2006) contained, at the 368th page, as Appendix B to In the Matter of the Determination of the Relative Rights in and to the Waters, Both Surface and Underground, Within the Drainage Area of the Owyhee River and its Tributaries Located within the East For Owyhee River Area, Elko County, NV, Order of Determination, From the Office of the State Engineer of Nevada, 2012. Parties: the Shoshone-Paiute Tribes of the Duck Valley …
Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldblum
Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
A tribute to Paul Miller, former Commissioner of the Equal Employment Opportunity Commission (EEOC). Miller was a leader on disability rights and on ensuring that the EEOC was effectively and forcefully implementing the Americans with Disabilities Act (ADA) of 1990. The author discusses Miller's work as EEOC Commissioner.
S10rs Sgr No. 2 (Clausen Thank You), Prestridge, Bonvillain, Martin
S10rs Sgr No. 2 (Clausen Thank You), Prestridge, Bonvillain, Martin
Student Senate Enrolled Legislation
No abstract provided.
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
Fordham Journal of Corporate & Financial Law
No abstract provided.
F09rs Sgb No. 7 (Commissioner Impeachment), Prestridge
F09rs Sgb No. 7 (Commissioner Impeachment), Prestridge
Student Senate Enrolled Legislation
No abstract provided.
From The Black Sox To The Sky Box: The Evolution And Mechanics Of Commissioner Authority, Aaron Brooks, Colin Daniels
From The Black Sox To The Sky Box: The Evolution And Mechanics Of Commissioner Authority, Aaron Brooks, Colin Daniels
Aaron Brooks
This article surveys and compares the legal sources and historical evolution of the Office of the Commissioner in the three major American professional sports (MLB, NBA, NFL). Part I introduces the appeal and relevance of studying the Commissioner’s office and describes the Article’s three-pronged analytical approach. Part II identifies and contrasts the legal foundations for the three sports’ varying scopes of commissioner authority. Part III takes a look at the various individuals who have filled the office in the past, and places them on a “power spectrum” according to the amount of power wielded by each. Part IV is a …
F07rs Sgb No. 14 (Election Code), Prestridge, Clark, Jackson, Palermo, Lopreore
F07rs Sgb No. 14 (Election Code), Prestridge, Clark, Jackson, Palermo, Lopreore
Student Senate Enrolled Legislation
No abstract provided.
The Legal Concept Of Professional Sports Leagues: The Commissioner And An Alternative Approach From A Corporate Perspective, Gregor Lentze
The Legal Concept Of Professional Sports Leagues: The Commissioner And An Alternative Approach From A Corporate Perspective, Gregor Lentze
Marquette Sports Law Review
No abstract provided.
Penal Institutions General Provisions: Provide For Victim Notification By The Commissioner Of Corrections, Janice D. Ward
Penal Institutions General Provisions: Provide For Victim Notification By The Commissioner Of Corrections, Janice D. Ward
Georgia State University Law Review
The Act requires the Commissioner of Corrections to make a good faith effort to notify victims of crimes against the person of a change in the custodial status of the offender who victimized them. Victims who wish to be notified have the responsibility of keeping the Commissioner apprised of their current address. Six months after the effective date of an appropriations act containing a specific appropriation to fund the provisions of the Act.
Preface, Francis T. Vincent Jr.
Vacation Homes, Section 280a And Bolton V. Commissioner: The Right Result For The Wrong Reasons, Jeffrey T. Lawyer
Vacation Homes, Section 280a And Bolton V. Commissioner: The Right Result For The Wrong Reasons, Jeffrey T. Lawyer
Duke Law Journal
In response to widespread concern that many taxpayers were renting their vacation homes in order to deduct otherwise nondeductible, personal expenses, Congress in 1976 added section 280A 1 to the Internal Revenue Code. 2 By this enactment, Congress sought to limit the deductibility of vacation home expenses when a vacation home is used for both rental and personal purposes 3 by requiring taxpayers to allocate expenses associated with the vacation home between personal and rental use. Although in framing section 280A Congress set out to provide objective rules for determining that allocation, recent controversy concerning the interpretation of the section …
Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin
Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin
Michigan Law Review
The California Insurance Code forbids a person to act as agent for an insurance company until a license is obtained from the commissioner, and forbids acting as agent for any non-admitted insurer in the transaction of insurance business in the state. Summarily stated, the provisions for the admission of insurance companies forbid either foreign or domestic companies to do a life insurance business in California other than on a legal reserve basis, thereby excluding the company represented by appellant as its agent. Appellant was convicted for violations of both provisions of the law. He contended that these sections, as applied …