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Schooling Congress: The Current Landscape Of The Tax Treatment Of Higher Education Expenses And A Framework For Reform, Stuart G. Lazar 2010 University at Buffalo School of Law

Schooling Congress: The Current Landscape Of The Tax Treatment Of Higher Education Expenses And A Framework For Reform, Stuart G. Lazar

Journal Articles

Education may be a cornerstone of our society, but the tax treatment of higher education expenses does not appear to have resulted from an intellectual exercise that would make our nation’s educators’ proud. The Internal Revenue Code provides two separate, but equally unsatisfying, routes that allow taxpayers to offset their income with the costs of higher education. Where an individual can reduce her tax liability while receiving an education, the effect is to reduce significantly the cost of that education.

First, where amounts spent on education qualify as an “ordinary and necessary business expense,” a taxpayer will be entitled ...


Trying A New Way: Barack Obama's Tolerance Of Intolerance, Stephanie L. Phillips 2010 University at Buffalo School of Law

Trying A New Way: Barack Obama's Tolerance Of Intolerance, Stephanie L. Phillips

Journal Articles

No abstract provided.


Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli 2010 Indiana University Maurer School of Law

Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli

Articles by Maurer Faculty

This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ...


Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey 2010 Indiana University Maurer School of Law

Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey

Articles by Maurer Faculty

On June 11, 2009, the Empire State Stem Cell Board (“Board”), which administers the $600 million in New York State funds allotted to stem cell research, voted to allocate a portion of those funds to compensate women up to $10,000 for “donating” their eggs for use in stem cell research. The Board's decision makes New York the first state to affirmatively allow state funds to be used to compensate women for providing their eggs for use in stem cell research beyond mere reimbursement of associated medical and other expenses, and, similarly, distinguishes it from most international countries, which ...


Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, Nancy A. McLaughlin, W. William Weeks 2010 University of Wyoming

Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, Nancy A. Mclaughlin, W. William Weeks

Wyoming Law Review

No abstract provided.


Report Of The Wyoming Supreme Court To The Wyoming State Bar, Chief Justice Barton R. Voigt 2010 University of Wyoming

Report Of The Wyoming Supreme Court To The Wyoming State Bar, Chief Justice Barton R. Voigt

Wyoming Law Review

No abstract provided.


Business Law—The Hall Street Hangover: Recovering And Discovering Avenues For Review Of Arbitration Awards; Hall Street Assocs. V. Mattel, Inc., 128 S. Ct. 1396 (2008), Codie Henderson 2010 University of Wyoming

Business Law—The Hall Street Hangover: Recovering And Discovering Avenues For Review Of Arbitration Awards; Hall Street Assocs. V. Mattel, Inc., 128 S. Ct. 1396 (2008), Codie Henderson

Wyoming Law Review

No abstract provided.


Criminal Law—All Mixed Up And Don’T Know What To Do: A Review Of The Tenth Circuit’S Approach To Sentencing In Federal Methamphetamine Production Cases; United States V. Richards, 87 F.3d 1152 (10th Cir. 1996) (En Banc), Kevin L. Daniels 2010 University of Wyoming

Criminal Law—All Mixed Up And Don’T Know What To Do: A Review Of The Tenth Circuit’S Approach To Sentencing In Federal Methamphetamine Production Cases; United States V. Richards, 87 F.3d 1152 (10th Cir. 1996) (En Banc), Kevin L. Daniels

Wyoming Law Review

No abstract provided.


The Good Guy Actually Does Win, Marilyn S. Kite 2010 University of Wyoming

The Good Guy Actually Does Win, Marilyn S. Kite

Wyoming Law Review

No abstract provided.


The Trump Card: A Lawyer's Personal Conscience Or Professional Duty?, Julie A. Oseid, Stephen D. Easton 2010 University of Wyoming

The Trump Card: A Lawyer's Personal Conscience Or Professional Duty?, Julie A. Oseid, Stephen D. Easton

Wyoming Law Review

No abstract provided.


New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard 2010 New York Law School

New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

Articles & Chapters

In New York State at the beginning of 2010, same-sex couples cannot get married but can be married. The state’s highest court, the Court of Appeals, construed the state’s marriage law in 2006 to prohibit state officials from issuing marriage licenses to same-sex couples, but said nothing in that decision about whether same-sex couples married outside the state would be considered married when they were in the state. In February 2008, an intermediate appeals court in Rochester ruled that New York’s marriage recognition law supported extending comity to a same-sex marriage performed in Canada, and several other ...


Environmental Law, Travis M. Trimble 2010 University of Georgia School of Law

Environmental Law, Travis M. Trimble

Scholarly Works

In this survey period, the United States Court of Appeals for the Eleventh Circuit decided two cases addressing the scope of agency discretion to interpret statutes. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit held that the Environmental Protection Agency’s adoption of the “unitary waters” definition of navigable waters under the Clean Water Act was reasonable even though that approach had been universally rejected by the courts as an interpretation of the statute prior to the agency’s rule. In Miccosukee Tribe of Indians of Florida v. United States, the Eleventh

Circuit upheld ...


Help Is On The Way: Senior Legal Hotlines Respond To Elder Abuse, Eleanor Crosby Lanier 2010 University of Georgia School of Law

Help Is On The Way: Senior Legal Hotlines Respond To Elder Abuse, Eleanor Crosby Lanier

Scholarly Works

Helplines are an important component of efforts to protect elders from abuse. This article describes the development of the senior legal hotline. After 20 years, these hotlines exist in at least half of the states and provide legal advice and other legal services at no cost to callers. Senior legal hotlines can provide information on financial scams, adult guardianship, advance directives, housing, medical care, and public benefits.


Reeling In Big Phish With A Deep Md5 Net, Brad Wardman, Gary Warner, Heather McCalley, Sarah Turner, Anthony Skjellum 2010 University of Alabama, Birmingham

Reeling In Big Phish With A Deep Md5 Net, Brad Wardman, Gary Warner, Heather Mccalley, Sarah Turner, Anthony Skjellum

Journal of Digital Forensics, Security and Law

Phishing continues to grow as phishers discover new exploits and attack vectors for hosting malicious content; the traditional response using takedowns and blacklists does not appear to impede phishers significantly. A handful of law enforcement projects — for example the FBI's Digital PhishNet and the Internet Crime and Complaint Center (ic3.gov) — have demonstrated that they can collect phishing data in substantial volumes, but these collections have not yet resulted in a significant decline in criminal phishing activity. In this paper, a new system is demonstrated for prioritizing investigative resources to help reduce the time and effort expended examining this ...


The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall 2010 Louisiana State University Law Center

The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall

Journal Articles

No abstract provided.


The Unappreciated Inportance, For Small Business Defendants, Of The Duty To Settle, Robert H. Heidt 2010 Indiana University Maurer School of Law

The Unappreciated Inportance, For Small Business Defendants, Of The Duty To Settle, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.


Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew Steilen 2010 University at Buffalo School of Law

Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew Steilen

Journal Articles

Cass Sunstein has long argued that judicial minimalism promotes democracy. According to Sunstein’s view, a court can encourage the political branches of government to address an issue by using doctrines such as vagueness, nondelegation, and desuetude. Although much has been written about minimalism, very little has been said about the democracy-promotion thesis in particular. Yet it is one of the central claims of contemporary minimalism. This article attempts to remedy the deficiency. It argues that minimalism does not promote democracy because minimalist decisions lack the depth necessary to trigger democratic deliberation. The argument occurs in three steps. First, the ...


Contemporary Practice Of The United States: International Economic Law: President Acts On Labor Claim Of Market Disruption, Imposes Tariffs On Chinese Tires, Steve Charnovitz 2010 George Washington University Law School

Contemporary Practice Of The United States: International Economic Law: President Acts On Labor Claim Of Market Disruption, Imposes Tariffs On Chinese Tires, Steve Charnovitz

GW Law Faculty Publications & Other Works

This article briefly notes that President Obama announced on September 11, 2009 that the United States would impose extra taxes on certain rubber tires imported from the People’s Republic of China because the high volume of imports would adversely affect domestic production. The President had authority to make this determination under Section 421 of the Trade Act of 1974. A distinguishing feature of these tariffs is that they were imposed after a labor union complained about the potential damage to the industry’s workers, whereas historically such tariffs have been authorized when complainants also come from the “import-competing industry.”


Cultural Cognition Of Scientific Consensus, Donald Braman, Dan M. Kahan, Hank Jenkins-Smith 2010 George Washington University Law School

Cultural Cognition Of Scientific Consensus, Donald Braman, Dan M. Kahan, Hank Jenkins-Smith

GW Law Faculty Publications & Other Works

Why do members of the public disagree - sharply and persistently - about facts on which expert scientists largely agree? We designed a study to test a distinctive explanation: the cultural cognition of scientific consensus. The "cultural cognition of risk" refers to the tendency of individuals to form risk perceptions that are congenial to their values. The study presents both correlational and experimental evidence confirming that cultural cognition shapes individuals' beliefs about the existence of scientific consensus, and the process by which they form such beliefs, relating to climate change, the disposal of nuclear wastes, and the effect of permitting concealed possession ...


The Political Economy Of Youngstown, Edward T. Swaine 2010 George Washington University Law School

The Political Economy Of Youngstown, Edward T. Swaine

GW Law Faculty Publications & Other Works

The time is ripe for a non-doctrinal assessment of Justice Jackson’s famous three-category framework for challenges to presidential action, elaborated in Youngstown Sheet & Tube Co. v. Sawyer (also known as the Steel Seizure Case). Recent national security controversies have given the Youngstown framework a whole new lease on life, and its relevance for courts, Congress, and executive branch officials has never been higher. During the same period, empirical and analytical studies of presidential policymaking have advanced beyond personality-driven accounts of particular administrations. Together, these developments offer a terrific opportunity to assess how well the Youngstown framework fulfills its objective ...


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