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Articles 1 - 11 of 11

Full-Text Articles in Law

Demographics, Trends, And A Call To Action, Toby Golick Sep 2008

Demographics, Trends, And A Call To Action, Toby Golick

Articles

Every discussion of aging in America seems to begin with demographic statistics showing that our population is increasingly old and getting older. But the figures are truly stunning: In 2006 (the latest year for which data are available), 37.3 million persons were 65 years old or older in America; this represents 12.6 percent of the U.S. population-more than one in every eight Americans. By 2030 the number of older people is expected to increase to 71.5 million older persons, over 20 percent of the total population.


Rethinking Tax Nexus And Apportionment: Voice, Exit, And The Dormant Commerce Clause, Edward A. Zelinsky Jul 2008

Rethinking Tax Nexus And Apportionment: Voice, Exit, And The Dormant Commerce Clause, Edward A. Zelinsky

Articles

The dormant Commerce Clause concept of tax nexus is best understood as a rough, but serviceable, proxy for the taxpayer's standing in the political process. This perspective leads me to defend Quill Corporation v. North Dakota and the much maligned physical presence test for tax nexus. As a matter of legislative policy, the critics of this test may be correct. However, as a matter of constitutional law, the courts should adhere to an expanded physical presence standard as Congress crafts for the long term broader nexus rules based on economic presence. Taxation is an inherently and irreducibly political matter. An …


Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky Jul 2008

Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky

Articles

No abstract provided.


Failed Lawyers And The Sources Of Satire, Charles M. Yablon Jan 2008

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

Articles

No abstract provided.


A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine Jan 2008

A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine

Articles

No abstract provided.


Stifling The Potential Of Grutter V. Bollinger: Parents Involved In Community Schools V. Seattle School District No. 1, Michelle Adams Jan 2008

Stifling The Potential Of Grutter V. Bollinger: Parents Involved In Community Schools V. Seattle School District No. 1, Michelle Adams

Articles

No abstract provided.


Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love Jan 2008

Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love

Articles

No abstract provided.


After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok Jan 2008

After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok

Articles

This short essay was written for a symposium on The Future of Punitive Damages held at the Charleston School of Law in 2007. I argue that the ratio rule (that punitive damages that exceed a single digit ratio presumptively violate the Due Process Clause), introduced by the Supreme Court in Campbell, is unlikely to survive. I argue this for three reasons. First, many lower courts have found ways to conceal punitive damages awards that impose, in reality, ratios in the double-digits. Second, the refusal of the Court to reverse the plaintiffs punitive damages award in Williams under the ratio rule …


Preface (On Alain Badiou’S Handwriting), Peter Goodrich Jan 2008

Preface (On Alain Badiou’S Handwriting), Peter Goodrich

Articles

No abstract provided.


From The Chair, Lela P. Love Jan 2008

From The Chair, Lela P. Love

Articles

No abstract provided.


Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz Jan 2008

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

No abstract provided.