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Full-Text Articles in Law

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson Jan 1998

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.


Ultra Vires And The Foundations Of Judicial Review, Paul Craig Jan 1998

Ultra Vires And The Foundations Of Judicial Review, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown Jan 1998

Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel Jan 1998

The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel

Articles by Maurer Faculty

No abstract provided.


Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy Jan 1998

Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy

Articles by Maurer Faculty

Judicial descriptions of SEC no-action letters have run the gamut from law, to orders, to rulings, to informal opinions, to prosecutorial decisions. This judicial failure to characterize no-action letters consistently is symptomatic of a more fundamental problem: many courts treat informal regulatory interpretations in no-action letters as interchangeable with formal and official regulatory interpretations that the full Commission has promulgated. Consequently, courts often defer automatically to the regulatory interpretations in no-action letters. In other words, many courts accept no-action letter authority as definitive interpretations of the federal securities statutes and SEC rules and regulations without independently analyzing the particular regulatory …