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Complexity Cubed: Partnerships, Interest, And The Proposed Regs, Walter D. Schwidetzky Nov 2019

Complexity Cubed: Partnerships, Interest, And The Proposed Regs, Walter D. Schwidetzky

All Faculty Scholarship

New section 163(j) strictly limits business interest expense (BIE) deductions to large (and possibly not-so-large) taxpayers. Generally, BIEs may only be deducted to the extent that they do not exceed 30 percent of adjusted taxable income plus business interest income. Section 163(j)(4) requires partnerships to calculate this limitation at the partnership level. In this report, I focus on how section 163(j) applies to partnerships. Given my focus, I leave to others a more comprehensive review of section 163(j) as a totality,1 as well as the coverage of S corporations. I will tend to give fairly short shrift to the portions …


Role Of Knowledge Networks And Boundary Organizations In Coproduction: A Short History Of A Decision Support Tool And Model For Adapting Multiuse Reservoir And Water-Energy Governance To Climate Change In California, Sonya Ziaja Oct 2019

Role Of Knowledge Networks And Boundary Organizations In Coproduction: A Short History Of A Decision Support Tool And Model For Adapting Multiuse Reservoir And Water-Energy Governance To Climate Change In California, Sonya Ziaja

All Faculty Scholarship

Climate adaptation relies on theoretical frameworks of coproduced science and knowledge networks to produce acceptable outcomes for politically contentious resources. As adaptation moves from theory to implementation, there is a need for positive case studies to use as benchmarks. Building from literature on actionable science this paper presents one such positive case—the development of a hydropower and reservoir decision-support tool. The focus of this history is on the multiple phases of interaction (and noninteraction) between researchers and a semidefined community of stakeholders. The lessons presented from the Integrated Forecast and Reservoir Management (INFORM) system project stress that collaborations between managers …


Call For Papers University Of Baltimore Law Review Fall Symposium 400 Years: Slavery And The Criminal Justice System Jun 2019

Call For Papers University Of Baltimore Law Review Fall Symposium 400 Years: Slavery And The Criminal Justice System

University of Baltimore Law Review

Governing Topic: In recognition of the 400 years which have passed since enslaved people were first brought to the U.S., University of Baltimore Law Review’s Fall Symposium will use the history of American enslavement as a lens to discuss slavery’s evolution and its effects on our criminal justice system. We invite paper proposals that fit within the overreaching topic of the symposium and explore topics related to the following questions: • How has slavery affected the foundations of our current day legal system, specifically focusing on the U.S. Constitution? • What impact did the transatlantic slave trade have on today’s …


Journal Of Land And Development, Volume 8, Issue 1 Apr 2019

Journal Of Land And Development, Volume 8, Issue 1

University of Baltimore Journal of Land and Development

No abstract provided.


The End Of The Road: A Brief History Of The Journal Of Land And Development, Brady Getlan Apr 2019

The End Of The Road: A Brief History Of The Journal Of Land And Development, Brady Getlan

University of Baltimore Journal of Land and Development

No abstract provided.


Creating A Special Benefits District For Baltimore’S Patterson Park, Scott M. Richmond Apr 2019

Creating A Special Benefits District For Baltimore’S Patterson Park, Scott M. Richmond

University of Baltimore Journal of Land and Development

No abstract provided.


Recent Development: Billionaire Can’T Buy The Beach, D'Ereka Bolden Apr 2019

Recent Development: Billionaire Can’T Buy The Beach, D'Ereka Bolden

University of Baltimore Journal of Land and Development

No abstract provided.


Does Crime Pay? Cartel Penalties And Profits, John M. Connor, Robert H. Lande Apr 2019

Does Crime Pay? Cartel Penalties And Profits, John M. Connor, Robert H. Lande

All Faculty Scholarship

This article seeks to answer a fundamental antitrust question: does crime pay? Do the current overall levels of U.S. cartel sanctions adequately discourage firms from engaging in illegal collusion? Seven years ago our research showed that the unfortunate answer was clearly that, yes, criminal collusion usually is profitable! The expected costs (in terms of criminal fines and prison time, civil damages, etc.) was significantly less than expected gains to the price fixers. Sadly, the most recent data re-affirm this conclusion.

The great majority of companies participating in illegal cartels make a profit even after they pay all the penalties. The …


State Report Cards: Grading Criminal Record Relief Laws For Survivors Of Human Trafficking, Jessica Emerson Mar 2019

State Report Cards: Grading Criminal Record Relief Laws For Survivors Of Human Trafficking, Jessica Emerson

All Faculty Scholarship

Many survivors of human trafficking exploited in the commercial sex industry or other labor sectors have been arrested for offenses stemming from their victimization. Resulting criminal records – both arrest and court documents – then follow survivors and create barriers that impact their independence, stability, and safety. In 2010, New York became the first state to allow trafficking survivors to clear certain charges from their criminal records. In the years since, almost every state has enacted some form of criminal record relief for trafficking survivors. However, these laws vary greatly. Many are too limited to offer meaningful relief. Others include …


University Of Baltimore Law Forum, Volume 49, Number 2 (Spring 2019) Jan 2019

University Of Baltimore Law Forum, Volume 49, Number 2 (Spring 2019)

University of Baltimore Law Forum

No abstract provided.


Wrong Price, Wrong Prescription: Why Maryland’S Generic Drug Law Was Not Enough To Effect Change In Rising Prescription Drug Prices, Mario B. Davis Jan 2019

Wrong Price, Wrong Prescription: Why Maryland’S Generic Drug Law Was Not Enough To Effect Change In Rising Prescription Drug Prices, Mario B. Davis

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Romero V. Perez, Morgan Lynch Jan 2019

Recent Developments: Romero V. Perez, Morgan Lynch

University of Baltimore Law Forum

No abstract provided.


Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes Jan 2019

Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes

All Faculty Scholarship

The phrase “environmental refugee” summons a compelling image of someone forced to relocate due to climate change. The phrase has been used effectively to raise awareness of such diverse problems as the rising sea levels that are submerging some Pacific islands, as well as the increased impact of natural disasters like hurricanes and earthquakes which cause a mixture of temporary and permanent migration. As climate change accelerates, and its human costs become ever clearer, it is completely appropriate and necessary to respond to these migrations, and a number of international initiatives are underway to do so.

As these initiatives go …


A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John Bessler Jan 2019

A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John Bessler

All Faculty Scholarship

The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …


Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, John Bessler Jan 2019

Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, John Bessler

All Faculty Scholarship

This article explores how the death penalty and the indefinite nature of death row in the United States creates a constant threat of death, which can violate the United Nations Convention Against Torture’s prohibitions on death threats.


The Marquis Beccaria: An Italian Penal Reformer’S Meteoric Rise In The British Isles In The Transatlantic Republic Of Letters, John Bessler Jan 2019

The Marquis Beccaria: An Italian Penal Reformer’S Meteoric Rise In The British Isles In The Transatlantic Republic Of Letters, John Bessler

All Faculty Scholarship

This article traces the reception of Cesare Beccaria’s book, Dei delitti e delle pene (1764), in Britain and in colonial and early America. That book, first translated into English as An Essay on Crimes and Punishments (1767), catalyzed penal reform and the anti-gallows movement on both sides of the Atlantic. As the first Enlightenment text to make a comprehensive case against capital punishment, On Crimes and Punishments became a bestseller, appearing in multiple English-language editions and attracting much public attention. Widely read by an array of British and American lawmakers and other civic-minded penal reformers, On Crimes and Punishments was …


The Harm Of Child Removal, Shanta Trivedi Jan 2019

The Harm Of Child Removal, Shanta Trivedi

All Faculty Scholarship

When the state proves or even merely alleges that a parent has abused or neglected a child, family courts may remove the child from the parent’s care. However, research shows separating a child from her parent(s) has detrimental, long-term emotional and psychological consequences that may be worse than leaving the child at home. This is due to the trauma of removal itself, as well as the unstable nature of, and high rates of abuse in, foster care. Nevertheless, the child welfare system errs on the side of removal and almost uniformly fails to consider the harms associated with that removal. …


The Future Of Clinical Legal Scholarship, Michele E. Gilman Jan 2019

The Future Of Clinical Legal Scholarship, Michele E. Gilman

All Faculty Scholarship

The legal academy is questioning the future of legal scholarship given its costs and perceived disconnect from law practice. However, the future of clinical legal scholarship is typically left out of these debates, although it offers a powerful rejoinder to these recurring critiques – it is deeply engaged with real-world problems, and it has demonstrable impacts. In addition, clinical scholars are an overlooked conduit for disseminating scholarship outside the ivory tower. Doctrinal faculty are unaware how much clinical faculty can ensure their work has an impact beyond SSRN citation counts. As law schools consider how to implement the new accreditation …


The Properties Of Integration: Mixed-Income Housing As Discrimination Management, Audrey Mcfarlane Jan 2019

The Properties Of Integration: Mixed-Income Housing As Discrimination Management, Audrey Mcfarlane

All Faculty Scholarship

Mixed-income housing is an increasingly popular approach to providing affordable housing. The technique largely went unnoticed until developers of mixed-income housing constructed buildings containing separate entrances for rich and poor residents. The ensuing “poor door” controversy illustrated that mixed-income housing, as both a method of affordable housing production and an integration strategy, is in unacknowledged tension with itself. This Article argues that, mixedincome housing is implemented as a surreptitious form of racial and economic integration that accommodates and replicates prevailing race and class assumptions detrimental to the needs and interests of low to moderate-income individuals in need of housing. The …


Religious Issues In Child Welfare Cases, Rebecca Stahl Jan 2019

Religious Issues In Child Welfare Cases, Rebecca Stahl

All Faculty Scholarship

No abstract provided.


The Difference In Being Poor In Red States Versus Blue States, Michele E. Gilman Jan 2019

The Difference In Being Poor In Red States Versus Blue States, Michele E. Gilman

All Faculty Scholarship

While the United States continues to recover from the 2008 Great Recession, the country still faces unprecedented inequality as increasing numbers of poor families struggle to get by with little assistance from the government. Holes in the Safety Net: Federalism and Poverty offers a grounded look at how states and the federal government provide assistance to poor people. With chapters covering everything from welfare reform to recent efforts by states to impose work requirements on Medicaid recipients, the book avoids unnecessary jargon and instead focuses on how programs operate in practice. This timely work should be read by anyone who …


In Defense Of The Pip Regulations, Walter D. Schwidetzky Jan 2019

In Defense Of The Pip Regulations, Walter D. Schwidetzky

All Faculty Scholarship

The section 704(b) allocation Regulations contain a highly complex safe harbor, the substantial economic effect rules. If an allocation fails to comply with the safe harbor, it will only survive scrutiny if it is in accordance with the "partners' interests in the partnership" (PIP). Given the complexity of the safe harbor, one might expect the PIP Regulations to be similarly complex, but nothing could be further from the truth. The PIP Regulations are, by tax standards, concise and straightforward. Some have argued that the PIP Regulations do not provide enough guidance, and that a more complex and comprehensive set of …


Amateur Regulation And The Unmoored United States Olympic And Paralympic Committee, Dionne L. Koller Jan 2019

Amateur Regulation And The Unmoored United States Olympic And Paralympic Committee, Dionne L. Koller

All Faculty Scholarship

n the wake of the USA Gymnastics sexual abuse scandal and Women’s National Soccer Team’s claim for pay equity, members of Congress have proposed legislation that would reform the United States Olympic and Paralympic Committee (USOPC) through amendments to its governing statute, the Ted Stevens Olympic and Amateur Sports Act. While an important step in the right direction, the proposed reforms fail to address deeper, more urgent questions about the USOPC, the sport National Governing Bodies (NGBs) it recognizes, and the meaning of the Olympic and Amateur Sports Act. This Article explores those issues by explaining that the USOPC’s quasi-governmental …


Braiding The Strands Of Narrative And Critical Reflection With Critical Theory And Lawyering Practice, Carolyn Grose, Margaret E. Johnson Jan 2019

Braiding The Strands Of Narrative And Critical Reflection With Critical Theory And Lawyering Practice, Carolyn Grose, Margaret E. Johnson

All Faculty Scholarship

No abstract provided.


University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter Jan 2019

University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter

University of Baltimore Journal of International Law

No abstract provided.


Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano Jan 2019

Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano

University of Baltimore Journal of International Law

Extraterritoriality is a negative form of transnationalism. It creates a paradox among state regulatory power because extraterritoriality can both govern the conduct of the state and also constrain the state in reacting to future transnational changes. In governing the state, extraterritoriality provides the state with the power to impose standards to control the activities within its borders. On the other hand, extraterritorialty constrains the state by hindering multi-state progression towards more efficient transnational developments. States have traditionally captured their autonomy in sovereignty, but extraterritorialty challenges this notion. This was an inevitable result, as extraterritoriality became a natural consequence that resulted …


The Necessity, Public Interest, And Proportionality In International Investment Law: A Comparative Analysis, Abdulkadir Gülçür Jan 2019

The Necessity, Public Interest, And Proportionality In International Investment Law: A Comparative Analysis, Abdulkadir Gülçür

University of Baltimore Journal of International Law

This article deals with relations of the three concepts of international investment law which can be enumerated as “necessity,” “public interest,” and “proportionality.” These three concepts have been reviewed in the light of the relevant investment tribunals’ decisions and judgments of other international judicial bodies. In democratic governments, legal acts and actions must be based on the “public interest.” However, the “public interest” does not constitute by itself a determinative factor for lawfulness. The proportionality principle has a significant role in the investment arbitrations concerning whether the “public interest” aim is met. Albeit those inferences, the “public interest” claim is …


The Demand For Unilateral Secession In Catalonia: While The Cause Is Compelling, Secession Would Not Be Legal Under International Law, Logan Hayes Jan 2019

The Demand For Unilateral Secession In Catalonia: While The Cause Is Compelling, Secession Would Not Be Legal Under International Law, Logan Hayes

University of Baltimore Journal of International Law

Tensions between Catalonia and Spain have finally boiled over, leading to Catalonia’s decision to unilaterally secede from Spain. On October 1, 2017, an overwhelming 90% of voters chose to leave Spain in a referendum held by the Catalonian parliament. On October 10, 2017, Carles Puigdemont, President of Catalonia, gave a speech claiming that “with the results of the referendum on October first, Catalonia has earned the right to be an independent state.” The issue has now become whether Catalonia has the right, under international law, to maintain their unilateral secession from Spain in order to form their own independent nation. …


The Value And Purpose Of Law: Essays In Honor Of M. N. S. Sellers, Colin Starger, Joshua Kassner Jan 2019

The Value And Purpose Of Law: Essays In Honor Of M. N. S. Sellers, Colin Starger, Joshua Kassner

Books

This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin Stead Sellers, and the republican, liberal, and analytical schools of legal thought.

The conclusions reached here are not fully unanimous, congruent or …


University Of Baltimore Law Review, Volume 48, Issue 2, Spring 2019 Jan 2019

University Of Baltimore Law Review, Volume 48, Issue 2, Spring 2019

University of Baltimore Law Review

No abstract provided.