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The Professional Corporation—Has The Death Knell Been Sounded?, Forest J. Bowman Feb 2013

The Professional Corporation—Has The Death Knell Been Sounded?, Forest J. Bowman

Pepperdine Law Review

The favorable tax reasons for incorporating a professional practice have been substantially reduced by the Tax Equity and Fiscal Responsibility Act. The retirement benefits of the professional corporation have effectively been eliminated by TEFRA. In addition, the new allocation of income powers provided by TEFRA may have eliminated the tax incentive for forming a professional corporation. The professional's decision whether to incorporate his practice will now rest with his desires as to how he wishes to carry out that practice. This article discusses the changes that TEFRA has wrought, and its impact on the professionals' decision to incorporate.


Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson Jan 2013

Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson

University of Michigan Journal of Law Reform

Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …


Legislative Summary - 2013 Session, Assembly Committee On Business, Professions And Consumer Protection Jan 2013

Legislative Summary - 2013 Session, Assembly Committee On Business, Professions And Consumer Protection

California Assembly

The jurisdiction of the Assembly Business, Professions and Consumer Protection Committee includes the regulation of healing arts and non-healing arts professions; licensing and enforcement issues for all boards and bureaus within the Department of Consumer Affairs (DCA); creation and elimination (sunsetting) of agencies, boards and commissions under DCA; certain elements of the Department of General Services; charitable solicitations; product labeling (except agricultural and medical); and consumer protection generally, including privacy. During the 2013 session of the California State Legislature, the Committee held a total of 22 hearings, including three joint Sunset Review hearings with the Senate Business, Professions and Economic …


House Bills Jan 2013

House Bills

Richmond Journal of Law and the Public Interest

Listing of House bills from the 2013 General Assembly


Developing A Durable Right To Health Care, Erin C. Fuse Brown Jan 2013

Developing A Durable Right To Health Care, Erin C. Fuse Brown

Faculty Publications By Year

The Patient Protection and Affordable Care Act’s (ACA) signature accomplishment was the creation of a statutory right to health care for the uninsured. This is a momentous change in policy, addressing one of the most vexing social issues of our time and affecting millions of people and billions of dollars of the U.S. economy. This ambition and the degree of societal and political debate leading up to the Act’s passage suggests that it is a “superstatute,” a rare breed of statute that can, among other things, create rights and institutions more typically thought to be the province of constitutional undertaking. …


House Bills Jan 2013

House Bills

Richmond Public Interest Law Review

Listing of House bills from the 2013 General Assembly


Section 5 And The Innovation Curve, Daniel A. Crane Jan 2013

Section 5 And The Innovation Curve, Daniel A. Crane

Book Chapters

the ftc’s authority to use Section 5 of the FTC Act to reach anticompetitive conduct that would not be illegal under the Sherman or Clayton Acts has been much discussed in recent years, particularly in conjunction with the FTC’s enforcement action against Intel. As of this writing, a Section 5 action against Google seems imminent.