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2006

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Articles 5101 - 5130 of 11767

Full-Text Articles in Law

Tennessee Department Of Safety, Petitioner, Vs. One 1999 Chevrolet Venture Vin: 1gndx03e2xd133146, And $121.00 In U.S. Currency, Seized From: Randy Mcclure, Seizure Date: February 2, 2005, Claimant: Randy Mcclure Jan 2006

Tennessee Department Of Safety, Petitioner, Vs. One 1999 Chevrolet Venture Vin: 1gndx03e2xd133146, And $121.00 In U.S. Currency, Seized From: Randy Mcclure, Seizure Date: February 2, 2005, Claimant: Randy Mcclure

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab Jan 2006

Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab

Duke Law & Technology Review

The USA PATRIOT Act is tremendously controversial, both lauded by law enforcement and decried by civil liberties groups. This iBrief considers two of the Act's communications monitoring provisions, concluding that each compromises civil liberties to a greater degree than is necessary to combat terrorism. Accordingly, Congress should revise the USA PATRIOT Act, bringing it into line with the Constitution.


Vol. 30, No. 04 (January 30, 2006) Jan 2006

Vol. 30, No. 04 (January 30, 2006)

Indiana Law Annotated

No abstract provided.


"Expense" Deductions On "Personal" Gross Income, Deborah A. Geier Jan 2006

"Expense" Deductions On "Personal" Gross Income, Deborah A. Geier

Law Faculty Articles and Essays

Prof. Deborah A. Geier responds to Tom Daley's letter on the taxation of contingent attorney fees.


Taxation And The Constitution: How To Read The Direct-Tax Clauses, Erik M. Jensen Jan 2006

Taxation And The Constitution: How To Read The Direct-Tax Clauses, Erik M. Jensen

Faculty Publications

This essay responds to Professor Bruce Ackerman, who had challenged the author's understanding of the Direct-Tax Clauses of the Constitution and the Sixteenth Amendment to that Constitution.


Affirmative Defenses In Section 337 Itc Patent Infringement Proceedings, Natalie Prescott Jan 2006

Affirmative Defenses In Section 337 Itc Patent Infringement Proceedings, Natalie Prescott

ExpressO

Affirmative defenses are an important part of ITC proceedings. Unlike counterclaims, which are immediately removed to a federal court, affirmative defenses enable the respondents to win their case before the ITC. Importantly, defendants’ failure to assert affirmative defenses results in a judgment in favor of the plaintiff.

Relying on the analysis of more than five hundred ITC investigations, this article explains what affirmative defenses are available in ITC proceedings, what defenses are more successful and are easier to prove, and what strategies parties can use to improve their chances of winning.


The Media's Ancien Regime, Hugh Hewitt Jan 2006

The Media's Ancien Regime, Hugh Hewitt

Hugh Hewitt

Columbia School of Journalism is undertaking a major change via the introduction of a second graduate degree program. Dean Nicholas Leman believes that decline in credibility of major media can be arrested via the teaching to journalists of power skills, e.g. regression analysis, that equip them to provide readers/listeners with more than an account of competing narratives. The attempt is doomed, according to Hewitt, not because of journalists' inability to learn new skills, but because of a uniformity of ideological beliefs that inevitably distort stories and thus diminish credibility in a way that cannot be hidden from a ...


Respect For Statutory Text Versus ‘Blithe Unconcern’: A Reply To Professor Coverdale, Erik M. Jensen Jan 2006

Respect For Statutory Text Versus ‘Blithe Unconcern’: A Reply To Professor Coverdale, Erik M. Jensen

Faculty Publications

In Tufts v. Commissioner, the Supreme Court in 1983 had concluded that relief from a nonrecourse liability on disposition of property should be reflected in the seller's amount realized, even if the value of the property had dropped below the principal amount of the obligation. Professor Coverdale quite reasonably complained that the statutory definition of amount realized makes no mention of liabilities and that, not quite so reasonably, commentators had shown blithe unconcern about statutory language. A great fan of adhering to statutory language, the author nevertheless argues that interpreters must take into account judicial developments, in this case ...


The Elusive Promise: Northern Ireland And The Quest For Peace; An Examination Of The Peace Process, Joseph E. Fahey Jan 2006

The Elusive Promise: Northern Ireland And The Quest For Peace; An Examination Of The Peace Process, Joseph E. Fahey

ExpressO

"The Elusive Promise:Northern Ireland and the Quest for Peace; An Examination of the Peace Process" is a comprehensive analysis of the Peace Process, the various institutions, enactments, and court decisions concerning the issues of arms decommissioning, parmilitary groups, and political parties in Northern Ireland from the date of the Good Friday Agreement to December 31, 2005


The Control Of Avoidance: The United States Alternative, John Tiley, Erik M. Jensen Jan 2006

The Control Of Avoidance: The United States Alternative, John Tiley, Erik M. Jensen

Faculty Publications

This article, jointly written by a British and an American academic, describes the American experience in identifying and attacking tax avoidance. The article was part of a symposium issue of the British Tax Review, published by Sweet and Maxwell, devoted to tax avoidance issues around the globe.


The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson Jan 2006

The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson

ExpressO

Las Hermanas Serrano Cruz is a landmark case in the jurisprudence of the Inter-American Court of Human Rights because it excludes a large body of arguably valid claims from meaningful adjudication within the inter-American system. In the Las Hermanas Serrano Cruz decision on preliminary objections, the Court upheld El Salvador’s restriction to rationae temporis. Although the State’s restriction was improper both substantively and procedurally, the Court held it to be valid under the American Convention on Human Rights by misclassifying it as a declaration rather than a reservation. This mistake not only proved detrimental to the Las Hermanas ...


Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne Jan 2006

Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne

ExpressO

This paper discusses practical implications of Sarbanes-Oxley for lawyers. Emphasis is on the new federal rules of professional responsibility the Act sets up. The paper includes the views of various renowned practitioners interpreting and using these rules. The paper also contains suggestions for how the Securities and Exchange Commission could potentially improve those areas that are proving problematic for attorneys so as to better effectuate the purpose of this major new law, in light of its legislative history and intent, which are also discussed in the paper.


Domestic Law And Tax Treaties: The United States, Anthony C. Infanti Jan 2006

Domestic Law And Tax Treaties: The United States, Anthony C. Infanti

University of Pittsburgh School of Law Working Paper Series

In this paper, I provide an overview of the interaction between U.S. domestic law and tax treaties. This paper was prepared for, and was presented at, a conference on domestic law and tax treaties that took place in Milan, Italy in November 2005, under the aegis of the Italian Council of Ministers and the Organisation for Economic Co-operation and Development. The papers presented at the conference (including this paper) are scheduled to be published in book form---as part of the International Bureau of Fiscal Documentation’s “EC and International Law Series”---in early 2006.

As is the case with ...


Golden Gate University School Of Law Presents Public Lecture On Chicano Movement By Legal Historian Ian Haney Lopez, Jill Goetz Jan 2006

Golden Gate University School Of Law Presents Public Lecture On Chicano Movement By Legal Historian Ian Haney Lopez, Jill Goetz

Press Releases

No abstract provided.


Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer Jan 2006

Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer

ExpressO

The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three “guideposts” set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any “civil or criminal penalties that could be imposed for comparable misconduct.” Following up on this ...


Critical Theory And The Loneliness Of The Tax Prof, Erik M. Jensen Jan 2006

Critical Theory And The Loneliness Of The Tax Prof, Erik M. Jensen

Faculty Publications

This essay, prepared for a symposium on critical theory and tax law, has two goals: to suggest why feminist theory and critical race theory are spreading in taxation and to discuss some dangers of that criticism. The author evaluates three examples of the new criticism: an article on critical race theory by Professors Moran and Whitford; an article on feminist statutory interpretation by Professor Handelman; and a book, Taxing Women, by Professor McCaffery.


The Constitutionality Of The Nsa Surveillance Program: A Letter To The House Judiciary Committee, John Eastman Jan 2006

The Constitutionality Of The Nsa Surveillance Program: A Letter To The House Judiciary Committee, John Eastman

John C. Eastman

Following the December 2005 disclosure by the New York Times of a highly-classified National Security Agency surveillance program that was authorized by President Bush shortly after the September 11, 2001 terrorist attacks on the United States, there has been a great national debate, both scholarly and popular, about the legality of the program. Opponents claim that it violates the FISA statute's requirement that executive branch officials first obtain a warrant before conducting surveillance on enemy communications that originate or terminate in the United States itself. They also claim that, even if FISA statute was implicitly amended by the post-9 ...


No Welcome Mat, No Problem?: Federal-Question Jurisdiction After Grable, Rory M. Ryan Jan 2006

No Welcome Mat, No Problem?: Federal-Question Jurisdiction After Grable, Rory M. Ryan

ExpressO

For nearly 20 years, the Supreme Court’s federal-question jurisprudence was muddied after the Court’s decision in Merrell-Dow. Last term, the Court issued a much-needed clarification in Grable. But that clarification needs clarification. In this Article, Professor Ryan endeavors to provide a candid synthesis of what the law is after Grable. While this area is rich with debate about what the law should be, a candid post-Grable synthesis is needed both to guide courts and to provide a common ground for these debates. Even such a modest task, however, is formidable. Federal-question jurisdiction is not a concept that can ...


Department Of Safety Vs. $555.00 In U.S. Currency, Seized From: Toscar Carpenter, Date Of Seizure: June 9, 2005, Claimant: Toscar Carpenter Jan 2006

Department Of Safety Vs. $555.00 In U.S. Currency, Seized From: Toscar Carpenter, Date Of Seizure: June 9, 2005, Claimant: Toscar Carpenter

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


The Apportionment Of ‘Direct Taxes’: Are Consumption Taxes Constitutional?, Erik M. Jensen Jan 2006

The Apportionment Of ‘Direct Taxes’: Are Consumption Taxes Constitutional?, Erik M. Jensen

Faculty Publications

In debates about reorienting the American revenue system, nearly everyone assumes the Constitution is irrelevant. With few exceptions, the tax provisions in the original Constitution - particularly the direct-tax apportionment rule and the uniformity rule - have been interpreted to be paper tigers. And in only one major case has the Sixteenth Amendment, which excepts "taxes on incomes" from apportionment, been held to limit congressional power.

S Rejecting conventional wisdom, this Article argues that some consumption taxes would violate constitutional norms. The Article focuses on the requirement that “direct taxes” be apportioned among the states on the basis of population. From a ...


Should We Adopt William Vickrey’S Cumulative Averaging Income Tax System? Progressivity And Simplicity In Tax Reform, Neil H. Buchanan Jan 2006

Should We Adopt William Vickrey’S Cumulative Averaging Income Tax System? Progressivity And Simplicity In Tax Reform, Neil H. Buchanan

ExpressO

This paper focuses on William Vickrey’s proposal to replace our current annual system of tax assessment with a new tax system that bases assessments on lifetime cumulative average income. After reviewing two key arguments in favor of the social goal of progressivity in taxation (a goal that Vickrey shared), I have examined whether adopting Vickrey’s cumulative averaging system would achieve a compelling change in the fairness of the tax system. While the current system undeniably creates a problem of horizontal inequity in that people with similar lifetime incomes can pay different tax rates based on the timing of ...


Welcome To The Iblawg, Dltr Editorial Staff Jan 2006

Welcome To The Iblawg, Dltr Editorial Staff

iBlawg

No abstract provided.


Department Of Safety Vs. One 1990 Ford F-150 Truck Vin #: 1ftdf15n4lna59120, Seized From: Larry Meadows, Date Of Seizure: September 30, 2005, Claimant: Larry Meadows Jan 2006

Department Of Safety Vs. One 1990 Ford F-150 Truck Vin #: 1ftdf15n4lna59120, Seized From: Larry Meadows, Date Of Seizure: September 30, 2005, Claimant: Larry Meadows

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Carlton A. Clark Jan 2006

Carlton A. Clark

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. $627.00 In U.S. Currency, Seized From: Cedric Doss, Date Of Seizure: May 4, 2005, Claimant: Dedrus Peterson Jan 2006

Department Of Safety Vs. $627.00 In U.S. Currency, Seized From: Cedric Doss, Date Of Seizure: May 4, 2005, Claimant: Dedrus Peterson

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. $83,200.00 In U.S. Currency, Seized From: L. J. Griffin, Date Of Seizure: November 24, 2004, Claimant: L. J. Griffin Jan 2006

Department Of Safety Vs. $83,200.00 In U.S. Currency, Seized From: L. J. Griffin, Date Of Seizure: November 24, 2004, Claimant: L. J. Griffin

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


American Indian Tribes And Secession, Erik M. Jensen Jan 2006

American Indian Tribes And Secession, Erik M. Jensen

Faculty Publications

Critics of American Indian law have often complained about federal interference in the internal affairs of American Indian nations. The author ponders how independent the critics really want American Indian nations to be and whether secession theory might help us think about the theory and practice of really independent American Indian nations.


The Vaccine Industry: Does It Need A Shot In The Arm?, Eileen Salinsky, Cole Werble Jan 2006

The Vaccine Industry: Does It Need A Shot In The Arm?, Eileen Salinsky, Cole Werble

National Health Policy Forum

This paper broadly examines the scientific, regulatory, and economic factors that contribute to constrained vaccine production capacity, periodic vaccine shortages, and perceptions of inadequate investment in new vaccine product development. It describes the vaccine development and production processes and summarizes how regulatory requirements influence these activities. Market dynamics related to vaccine supply and demand are also explored, including an examination of the industry’s cost structure, potential market size, and purchaser price sensitivity. A broad range of policy interventions designed to address shortcomings of the vaccine market are considered.


Vol. 56, No. 7, January 24, 2006, University Of Michigan Law School Jan 2006

Vol. 56, No. 7, January 24, 2006, University Of Michigan Law School

Res Gestae

•3Ls and Profs Give Note Taking Tips •Editorial: First-Day Reading Board Should be Online •South African Justice Gives MLK Talk •Summer Holiday in Cambodia: It's Not Just a Job, It's an Adventure •Take Advantage of Public Service Activities •Introducing the Poetry of Hart Crane •Admissions A.D. Shares Her Career Path, Thoughts on Public and Private Practice •Bar Night Photos •The Long, Dark, Car Repair of the Soul •A Bar I May Actually Not Enjoy •There is Hope Yet for the Jobless •Students Should Unite Against Senseless Internet Policy •SFF: What it is, What it Does, and Why ...


Latonya Thomas Jan 2006

Latonya Thomas

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.