Law Commons^™

Further Thoughts On Kanter And Ballard, Steve R. Johnson

Scholarly Publications

On December 7, 2004, the Supreme Court will hear oral arguments in the consolidated Kanter and Ballard cases. The Tax Court had substantially upheld the IRS’s determinations of large deficiencies and fraud penalties against several taxpayers. The taxpayers argued in part that the Tax Court's application of its Rule 183 violated both due process and applicable statutes. I disagreed with those arguments then, and I continue to do so now. On appeal, the taxpayers' challenges to Rule 183 were rejected by the Fifth, Seventh, and Eleventh Circuits. The decisions of those circuits are sound and should be affirmed.

Both an …

Could One Simple Election Solve The Attorney Fee Problem?, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.

Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson

Scholarly Publications

The constitutional crisis of 2003 was a defining event for Nevada and may prove instructive for the rest of the nation. Among the prominent features in the topography of the crisis were (1) state constitutional provisions that required two-thirds legislative approval for tax increases but only simple majority approval for spending increases and (2) the State Supreme Court’s decisions in Guinn v. Legislature that ended the immediate impasse. Both are focal points of continuing controversy.

Criticism of the Guinn decision has exceeded praise of it – probably in frequency, certainly in passion and rhetorical exuberance. In my view, much of …

The North American Commission For Environmental Cooperation After Ten Years: Lessons About Institutional Structure And Public Participation In Governance, David L. Markell

Scholarly Publications

No abstract provided.

Enhancing Citizen Involvement In Environmental Governance, David L. Markell

Scholarly Publications

No abstract provided.

Administrability-Based Tax Simplification, Steve R. Johnson

Scholarly Publications

The Boyd School of Law is a vibrant place, and our trajectory continues to move strongly in the right direction. One of the things that has been so important to us is the excellent support we have received from so many in and around Nevada. An example of that support brings us together tonight. The Wiegand Foundation has endowed a professorship at the Law School to support the study of tax law. I am fortunate to be the current holder of that professorship. This address is the first formal event memorializing the Wiegand Foundation’s support for scholarship and for Law …

Growing Greener Grass: Looking From Legal Ethics To Business Ethics, And Back, Rob Atkinson

Scholarly Publications

No abstract provided.

Connecting Business Ethics And Legal Ethics For The Common Good: Come, Let Us Reason Together, Rob Atkinson

Scholarly Publications

No abstract provided.

Fsu Law Magazine (Spring 2004), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu

Scholarly Publications

Like many other areas of law, the development of environmental law has been strongly influenced by notions of fairness. This should not be surprising, since environmental law has been developed by lawyers, who are self-selected to be fairness-oriented and trained to think in terms of fairness. While large environmental gains have been achieved in the thirtyyear history of environmental law, progress seems to have reached a plateau. Partisanship has poisoned the debate on how best to proceed in making further environmental progress. I attribute the failings and the current stalemate in environmental law to our obsession with fairness. Fairness-thinking has …

"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan

Scholarly Publications

This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding …

Are Women More Ethical Lawyers? An Empirical Study, Patricia W. Hatamyar, Kevin M. Simmons

Florida State University Law Review

No abstract provided.

The Common Quest For Professionalism, Donald J. Weidner

Scholarly Publications

No abstract provided.

Seeing Over The Brick Wall: Limiting The Illinois Brick Indirect Purchaser Rule And Looking At Antitrust Standing In Campos V. Ticketmaster Corp. Through A New Lens, Seth E. Miller

Florida State University Law Review

No abstract provided.

Recent Developments, Florida State University Law Review

Florida State University Law Review

No abstract provided.

Pyrrhic Political Penalties: Why The Public Would Lose Under The "Penalty Default Canon", Mark Seidenfeld

Scholarly Publications

No abstract provided.

The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Games And Stories: Game Theory And The Civil False Claims Act, Pamela H. Bucy

Florida State University Law Review

No abstract provided.

The Causation Standard Under The Ada: Justifying A "Motivating-Factor" Standard Under The Ada, Seam Park

Florida State University Law Review

No abstract provided.

Introduction, Charles W. Ehrhardt

Florida State University Law Review

No abstract provided.

Fsu Law Magazine (Winter 2004), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, And The National Labor Relations Board, Paul M. Secunda

Florida State University Law Review

No abstract provided.

Price Squeeze In A Deregulated Electric Power Industry, Greg Goelzhauser

Florida State University Law Review

No abstract provided.

Edwin M. Schroeder, Steven G. Gey

Florida State University Law Review

No abstract provided.

Price-Fixing: Refining The Price Waterhouse Standard And Individual Disparate Treatment Law, Kenneth R. Davis

Florida State University Law Review

No abstract provided.

The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf

Florida State University Law Review

No abstract provided.