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Articles 1 - 11 of 11
Full-Text Articles in Law
Demographics, Trends, And A Call To Action, Toby Golick
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
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
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
Failed Lawyers And The Sources Of Satire, Charles M. Yablon
Articles
No abstract provided.
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
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
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
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
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
Preface (On Alain Badiou’S Handwriting), Peter Goodrich
Articles
No abstract provided.
From The Chair, Lela P. Love
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Articles
No abstract provided.