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Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd 2018 Liberty University

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article ...


When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner 2018 University of Arkansas at Little Rock William H. Bowen School of Law

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land and Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


The Tethered President: Consistency And Contingency In Administrative Law, William W. Buzbee 2018 Georgetown University Law Center

The Tethered President: Consistency And Contingency In Administrative Law, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The law governing administrative agency policy change and checking unjustified inconsistency is rooted in a web of intertwined doctrine. The Supreme Court’s 2016 opinion in Encino Motorcars modestly recast that doctrine to emphasize that the agency pursuing a change cannot leave “unexplained inconsistency” or neglect to address past relevant “underlying facts,” but reaffirmed its central stable precepts. Nonetheless, radically different views about broad, unaccountable, and rapid agency power to make policy changes have been articulated by current Supreme Court Justice Neil Gorsuch, when on the appellate bench, and agencies pursuing deregulatory policy shifts under the leadership of President Donald ...


Response Regarding Bureau Civil Investigative Demands And Associated Processes (Docket No. Cfpb-2018-0001), Prentiss Cox, Christopher L. Peterson, Financial Regulation and Consumer Protection Scholars and Former Regulators 2018 University of Minnesota Law School

Response Regarding Bureau Civil Investigative Demands And Associated Processes (Docket No. Cfpb-2018-0001), Prentiss Cox, Christopher L. Peterson, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether it should be harder for the Consumer Federal Protection Bureau to collect evidence in enforcement cases.


An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall 2018 Allard School of Law at the University of British Columbia

An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall

Faculty Publications

No abstract provided.


California V. U.S. Bureau Of Land Management, Oliver F. Wood 2018 Alexander Blewett III School of Law at the University of Montana

California V. U.S. Bureau Of Land Management, Oliver F. Wood

Public Land and Resources Law Review

The United States District Court for the Northern District of California granted a preliminary injunction against the Bureau of Land Management from implementing the Suspension Rule, which would delay the requirements of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule. Additionally, the court denied the BLM and intervening third parties’ motion to transfer venue to the District of Wyoming. The court held the plaintiffs were entitled to a preliminary injunction because the BLM did not provide a reasoned analysis for the Suspension Rule. This failure to provide meaningful notice and comment was an arbitrary and capricious abuse ...


Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly 2018 Alexander Blewett III School of Law at the University of Montana

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land and Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.


"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee 2018 Boston College Law School

"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee

Boston College Law Review

In February 2016, in Alaska Oil & Gas Ass’n v. Jewell, the United States Court of Appeals for the Ninth Circuit upheld a decision by the U.S. Fish and Wildlife Service to designate 187,000 square miles in northern Alaska as critical polar bear habitat. The Ninth Circuit rejected the reasoning of the District Court for the District of Alaska which found that the FWS failed to meet the “standard of specificity” required by the Endangered Species Act in determining what geographical areas constituted critical habitat. Rather, the Ninth Circuit focused on the ESA’s broad statutory purposes of ...


Muddying The Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity In Waterkeeper Alliance V. Epa, Christopher Crocker 2018 Boston College Law School

Muddying The Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity In Waterkeeper Alliance V. Epa, Christopher Crocker

Boston College Law Review

Chevron deference is one of the most contentious and misunderstood doctrines in administrative law. Justice John Paul Stevens’ opinion in the watershed 1984 case Chevron, USA, Inc. v. Natural Resources Defense Council, Inc. established a two-step framework for courts to use in evaluating agency rule-making authority. That clear two-step process has undergone rewording and revision over the years that has resulted in a lack of doctrinal clarity. On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit decided Waterkeeper Alliance v. EPA, a challenge brought by environmentalists to an EPA rule that exempted farmers from ...


The Operational And Administrative Militaries, Mark P. Nevitt 2018 University of Pennsylvania Law School

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Scholarship

This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the ...


Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. Vázquez 2018 Washington and Lee University School of Law

Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez

Washington and Lee Law Review Online

No abstract provided.


Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan 2018 Washington and Lee University School of Law

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth 2018 University of Richmond School of Law

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond 2018 Indiana University

Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Third-Party Institutional Proxy Advisors: Conflicts Of Interest And Roads To Reform, Matthew Fagan 2018 University of Michigan Law School

Third-Party Institutional Proxy Advisors: Conflicts Of Interest And Roads To Reform, Matthew Fagan

University of Michigan Journal of Law Reform

With the rise of institutional activist investors in recent decades—including a purported 495 activist campaigns against U.S. corporations in 2016 alone—the role that third-party institutional proxy advisors play in corporate governance has greatly increased. The United States Office of Government Accountability estimates that clients of the top five proxy advisory firms account for about $41.5 trillion in equity throughout the world. For several years, discussions have developed regarding conflicts of interest faced by proxy advisors. For example, Institutional Shareholder Services, the top proxy advisory firm in the world, frequently provides advice to institutional investors on how ...


Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat 2018 University of Michigan Law School

Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat

University of Michigan Journal of Law Reform

This Note analyzes the new HUD rule finalized in November 2016, which dramatically changed the structure of the Housing Choice Voucher program in select metropolitan areas. In August 2017, HUD suspended automatic implementation of the rule until 2020 for twenty-three of the twenty-four selected metropolitan areas, but in December 2017, a preliminary injunction was granted requiring HUD to implement the rule as of January 1, 2018. The rule as written changes the method for calculating the vouchers from using a metropolitan area-wide average to calculating a separate level for each zip code. Such a change could greatly deconcentrate poverty and ...


Reconstructing An Administrative Republic, Jeffrey A. Pojanowski 2018 Notre Dame Law School

Reconstructing An Administrative Republic, Jeffrey A. Pojanowski

Michigan Law Review

Review of Jon D. Michaels, Constitutional Coup: Privatization's Threat to the American Republic.


Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker 2018 Ohio State University

Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker

Michigan Law Review

A review of Josh Chafetzm Congress's Constitution: Legislative Authority and Separation of Powers.


Shucking A Patent: How A Simple Best Available Technology Law Can Break The Shell Of Patent Protections, Antonio G. Fraone 2018 Boston College Law School

Shucking A Patent: How A Simple Best Available Technology Law Can Break The Shell Of Patent Protections, Antonio G. Fraone

Boston College Law Review

Best available technology laws attempt to force the utilization of the most efficient and environmentally friendly technology that is economically achievable for a regulated actor to implement. Sustainability and numerous environmental benefits come from these laws. Although simple to create, the implementation of a best available technology law is difficult and the sought effects of it are unrealized due to vagueness, reliance on the regulated to change, and lack of specifics to ensure true compliance. Patent law adds to this problem due to the protections available to patent holders that grants them the power to exclude others from utilizing their ...


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