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How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal 2015 University of Iowa College of Law

How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal

Andy Grewal

Commentators have expressed concern that a government loss in King v. Burwell, which addresses whether taxpayers can enjoy tax credits for policies purchased on federal health care exchanges, will lead to a "death spiral" during future enrollment seasons.

However, this discussion threatens to mask the potential tax problems facing persons who purchase policies this enrollment season. As this short article explains, purchasers may be faced with a surprising tax bill when they complete their 2015 tax returns. Additionally, the government has argued that it can protect customers from surprise tax bills, but it's authority to do so is far ...


Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk 2015 George Mason Univeristy School of Law

Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk

Richard Faulk

The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.


Dilution At The Patent And Trademark Office, Jeremy N. Sheff 2015 St. John's University

Dilution At The Patent And Trademark Office, Jeremy N. Sheff

Michigan Telecommunications and Technology Law Review

This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis 2015 Brown and Partners LLP and Osgoode Hall Law School

Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis

Western Journal of Legal Studies

Creating a comprehensive code of negotiation ethics for lawyers is a contentious issue. The Law Society of Upper Canada’s Rules of Professional Conduct currently offers little guidance regarding appropriate behaviour of lawyers during negotiations. Detractors argue that the negotiation process is too complex and fluid to be codified. This criticism is not fatal to the case for a code of negotiation ethics. Lawyers have moral and ethical standards within the profession and responsibilities to the public as conduits to legal remedies. This paper argues a code of legal ethics is necessary to uphold these standards. Such a framework should ...


What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate 2015 Boston College Law School

What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate

Boston College Environmental Affairs Law Review

In 2011, in response to the ongoing problem of interstate air pollution, EPA promulgated the Transport Rule to restrict emissions in upwind states in order to achieve attainment of certain national ambient air quality standards in downwind states. State and local governments and industry and labor groups, unhappy with EPA’s process of determining which states would be regulated under the Transport Rule, challenged the rule on the grounds that EPA had exceeded its authority under the Clean Air Act. In 2014, in EPA v. EME Homer City Generation, L.P., the Supreme Court of the United States held that ...


Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright 2015 Boston College Law School

Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright

Boston College Environmental Affairs Law Review

In Native Village of Point Hope v. Jewell, the U.S. Court of Appeals for the Ninth Circuit found that the Bureau of Ocean Energy Management did not have to include information on animal populations in its environmental impact statement (“EIS”) at the lease-sale stage of the Outer Continental Shelf Lands Act oil and gas development program. Federal agencies are required to complete an EIS before conducting a major federal action. This process ensures that decision-makers take a hard look at adverse environmental impacts. The Ninth Circuit concluded in Native Village of Point Hope that coverage of animal populations is ...


A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke 2015 Boston College Law School

A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke

Boston College Environmental Affairs Law Review

In Washington Environmental Council v. Bellon, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of Article III standing with respect to environmental organizations filing suit under the Clean Air Act. The organizations alleged that Washington state agencies were required to regulate the greenhouse gas emissions of five oil refineries, and that the agencies’ failure to do so caused particularized injuries to plaintiffs’ health and recreational enjoyment because of the impacts of those greenhouse gas emissions on climate change. Applying a three-pronged test requiring plaintiffs to establish injury in fact, causality, and redressability, the court determined ...


Why The Third Circuit Pro-Cooperative Federalism Preemption Holding In Bell Should Ultimately Be Adopted By The Supreme Court, Matthew Renick 2015 Boston College Law School

Why The Third Circuit Pro-Cooperative Federalism Preemption Holding In Bell Should Ultimately Be Adopted By The Supreme Court, Matthew Renick

Boston College Environmental Affairs Law Review

In Bell v. Cheswick Generating Station, the U.S. Court of Appeals for the Third Circuit reversed a decision by the U.S. District Court for the Western District of Pennsylvania, holding that state common law tort actions were not preempted by the federal Clean Air Act (“CAA”). The Third Circuit found that the savings clause of the CAA was nearly identical to that of the Clean Water Act (“CWA”), which had already been found to not preempt state common law tort actions by the U.S. Supreme Court. This Comment argues that the Third Circuit correctly compared the savings ...


Positive Contribution: Why The Second Circuit’S Understanding Of Cercla § 113 Should Make Way For The Third Circuit’S Pro-Settlement Holding In Trinity Industries, Sarah M. Gordon 2015 Boston College Law School

Positive Contribution: Why The Second Circuit’S Understanding Of Cercla § 113 Should Make Way For The Third Circuit’S Pro-Settlement Holding In Trinity Industries, Sarah M. Gordon

Boston College Environmental Affairs Law Review

The U.S. Court of Appeals for the Second Circuit has interpreted section 113(f)(3)(B) of the Comprehensive Environmental Response, Cleanup, and Liability Act, or CERCLA, to only allow a party to seek contribution for claims resolved under CERCLA itself, rather than claims resolved under a state statute. In Trinity Industries, Inc. v. Chicago Bridge & Iron Co., the U.S. Court of Appeals for the Third Circuit broke from Second Circuit precedent by holding that section 113(f)(3)(B) does not require a settlement under CERCLA to permit a contribution action pursuant to CERCLA. This Comment argues ...


Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee 2015 Boston College Law School

Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee

Boston College Environmental Affairs Law Review

In 2007, the California state legislature enacted the Low-Carbon Fuel Standard, or LCFS, limiting carbon emissions from transport fuels throughout the fuels’ entire “lifecycle,” by assigning “carbon intensity” scores to each fuel product. These scores are calculated using a variety of measurements, including the amount of carbon emitted while producing the fuels and in transporting them to California. Out-of-state fuel suppliers challenged that the LCFS places an unconstitutional burden on interstate commerce because their products would inevitably have higher carbon intensity scores than their in-state counterparts, based merely on the distance traveled. The dispute reached the U.S. Court of ...


Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew 2015 Boston College Law School

Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew

Boston College Environmental Affairs Law Review

By the early 1980s, the population of the straight-horned markhor—a large, shaggy goat with impressive spiraling horns native to the mountains of Pakistan—had dipped so low that the U.S. Fish & Wildlife Service (“FWS”) classified it as endangered. But when a group of conservationists and hunters petitioned the FWS to have the animal reclassified from an endangered species to the lower protection level of threatened pursuant to the Endangered Species Act species protection regime, they were largely ignored. The group then sued the FWS in federal court to compel the Agency to perform its statutory duty. In Conservation ...


Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova 2015 Cornell Law School

Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova

Robert C. Hockett

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


Duty To Defend And The Rule Of Law, Gregory F. Zoeller 2015 Indiana Attorney General

Duty To Defend And The Rule Of Law, Gregory F. Zoeller

Indiana Law Journal

This Article challenges Eric Holder’s and William Pryor’s views and explains the proper role of a state attorney general when a party challenges a state statute. In short, an attorney general owes the state and its citizens, as sovereign, a duty to defend its statutes against constitutional attack except when controlling precedent so overwhelmingly shows that the statute is unconstitutional that no good-faith argument can be made in its defense. To exercise discretion more broadly, and selectively to pick and choose which statutes to defend, only erodes the rule of law. (introduction)


'Depoliticizing' The National Labor Relations Board: Administrative Steps, Samuel Estreicher 2015 NYU School of Law

'Depoliticizing' The National Labor Relations Board: Administrative Steps, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

Complaints about the political forces arrayed against the basic labor laws and about the increasing "politicization" of the National Labor Relations Board are hardy perennials. The charge remains a constant, only those who level it differ depending on which party is in the White House. On the assumption that legislative change is not in the offing, what can the Labor Board on its own do to improve its reputation in Congress and in the courts and, at the same, enhance its effectiveness as the essential government agency to protect workers in dealings with their employers?


España: Confusión Y Desconcierto Sobre La Información Relativa A Los Alimentos Que Se Presentan Sin Envasar Para La Venta Al Consumidor Final, Luis González Vaqué 2015 Asociación Iberoamericana para el Dereho Alimentario

España: Confusión Y Desconcierto Sobre La Información Relativa A Los Alimentos Que Se Presentan Sin Envasar Para La Venta Al Consumidor Final, Luis González Vaqué

Luis González Vaqué

El 4 de marzo de 2015, se publicó el Real Decreto 126/2015 por el que se aprueba la Norma general relativa a la información alimentaria de los alimentos que se presentan sin envasar para la venta al consumidor final y a las colectividades, de los envasados en los lugares de venta a petición del comprador, y de los envasados por los titulares del comercio al por menor.

La Norma mantiene los requisitos de información alimentaria que para los alimentos sin envasar ya establecía el Real Decreto 1334/1999, adaptándolos a los nuevos requisitos que fija el Reglamento (UE) Nº ...


The Psychic Cost Of Tax Evasion, Kathleen DeLaney Thomas 2015 University of North Carolina Law School

The Psychic Cost Of Tax Evasion, Kathleen Delaney Thomas

Boston College Law Review

Each year, the government loses hundreds of billions of dollars in tax revenue due to underreporting by individual taxpayers. According to standard deterrence theory, policymakers should be able to reduce tax evasion by increasing tax penalties, raising the audit rate, or some combination of the two. This Article refers to these strategies as increasing the “monetary cost” of tax evasion. To date, budgetary limitations and political hurdles have made these strategies difficult for the government to employ. There is, however, another potential means by which the government can improve tax compliance, apart from raising the monetary cost of evasion. Empirical ...


Socialized Is Not A Dirty Word: The Only Just And Reasonable Method For Assigning The Costs Of High-Voltage Interstate Transmission Lines Is To Socialize Them, Jordan A. Smith 2015 Boston College Law School

Socialized Is Not A Dirty Word: The Only Just And Reasonable Method For Assigning The Costs Of High-Voltage Interstate Transmission Lines Is To Socialize Them, Jordan A. Smith

Boston College Law Review

Following the federal government’s requirement that electric utilities must allow other power generators to use their transmission lines, investment in the United States electric grid has faltered. The effects of underinvestment in the grid have limited the proper function of competitive energy markets and stifled investment in renewable energy sources. The Federal Energy Regulatory Commission (“FERC”) has allowed states belonging to planning regions that coordinate transmission development to create multiple methods for allocating the costs of new facilities crossing state lines. Many of these methods use models to forecast which customers in each state benefit from the facility, and ...


A Federal Information Quality Act Challenge To The White House “Patent Troll” Report, Ron D. Katznelson 2015 Bi-Level Technologies

A Federal Information Quality Act Challenge To The White House “Patent Troll” Report, Ron D. Katznelson

Ron D. Katznelson

Government-disseminated information is unlike that of private parties or non-government entities’ information on the internet or in academic journals, with varying degrees of accuracy and reliability. Because the public disproportionately relies on information disseminated by the government, the government holds itself to substantially higher quality standards. Congress enacted the Information Quality Act (“IQA”) in order to ensure that information disseminated by government agencies meet the standards of “quality, objectivity, utility, and integrity.” 44 U.S.C. § 3516, note. Information disseminated by the government upon which the government and the public rely must be “presented in an accurate, clear, complete, and ...


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