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Full-Text Articles in Law

The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery Oct 2000

The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery

Indiana Law Journal

The killing of the income tax has not been open and notorious: such is not the style of contemporary politics. As with other markers of progressive social policy—the promises of universal health care, Obamacare, come to mind6—the income tax is dying a death by stealth, albeit stealth played out in plain view. The plot lines of the tragedy are apparent. The individual “income” tax has been split in two. One tax, for the masses, is a simple, increasingly formless wage tax. This wage/income tax adds higher brackets onto the payroll tax, the model toward which the wage/income tax aims, to …


Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo May 2000

Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo

Michigan Law Review

William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …


When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee Apr 2000

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Law and Contemporary Problems

In considering the guidance the executive branch of government has provided to resolve questions relating to religious freedom and the issue of church and state, Lee draws upon the positions of both the IRS and the President. Initially, he concludes that when the state requires churches committed to speaking truth in the public square to choose between publicizing their beliefs and remaining tax-exempt, it burdens the free exercise of religion.


Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton Apr 2000

Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton

Law and Contemporary Problems

Hamilton first examines Pres Bill Clinton's rhetoric, and then his Administration's actions to promote religious free exercise. She hopes to show that the Administration has integrated religious entities into administrative agenda-setting, which is consciously intended to serve religious ends.


The Culture Of Belief And The Politics Of Religion, William P. Marshall Apr 2000

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Law and Contemporary Problems

Religion has stood at the center of the American stage during the years of Bill Clinton's presidency. Marshall argues that the political manifestation of religion is not confined to the instances when religion becomes involved in express political activity, such as lobbying or partisan politics, but rather, religion must be understood as a pervasive social force that has an inevitable political effect.


University Of Richmond Law Review Jan 2000

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson Jan 2000

Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson

South Carolina Law Review

No abstract provided.


Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro Jan 2000

Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro

Seattle University Law Review

Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …