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Articles 1 - 30 of 5836
Full-Text Articles in Law
Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin
Student Works
No abstract provided.
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Publications
The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.
Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala
Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala
School of Law Faculty Publications
This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities …
State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals
State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from a judgment of conviction for Exploitation of a Vulnerable Adult, a third degree felony, in violation of Utah Code Ann. § 76-5-11 l(4)(b)(ii) (Supp. 2007); and Issuing a Bad Check or Draft, a third degree felony, in violation of Utah Code Ann. § 76-6-505(1) (Supp. 2007), in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.
Regulating Compensation, A. Christine Hurt
Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni
Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni
Faculty Scholarship
Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application to …
The Windfall Myth, A. Christine Hurt
All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen
All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen
Faculty Scholarship
On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …
Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman
Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman
Popular Media
No abstract provided.
December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz
December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Does “one Nation under God” in the Pledge of Allegiance Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Nevada Supreme Court Summaries
The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Nevada Supreme Court Summaries
District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.
Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst
Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst
Nevada Supreme Court Summaries
An appeal of an Eighth Judicial District Court’s summary judgment in a tort action against a former employer and co-employees based on the exclusivity provisions of the workers’ compensation statutes that arose around the time of employment termination.
Summary Of Gonski V. Dist. Ct., 126 Nev. Adv. Op. No. 51, Ryan Johnson
Summary Of Gonski V. Dist. Ct., 126 Nev. Adv. Op. No. 51, Ryan Johnson
Nevada Supreme Court Summaries
The Second Judicial District Court entered an order compelling arbitration in a construction defect dispute. Petitioners asked for a writ of mandamus vacating the order compelling arbitration.
Summary Of Aa Primo Builders, Llc V. Washington, 125 Nev. Adv. Op. No. 61, Michael Roche
Summary Of Aa Primo Builders, Llc V. Washington, 125 Nev. Adv. Op. No. 61, Michael Roche
Nevada Supreme Court Summaries
An appeal from summary judgment that was granted on the theory that a Nevada LLC whose charter is revoked loses its capacity to sue.
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Nevada Supreme Court Summaries
The Court considered an appeal from a First Judicial District Court order that found a proposed initiative violated NRS 295.009’s single-subject rule and prohibited its placement on the 2010 general election ballot.
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Nevada Supreme Court Summaries
A plaintiff in a tort action appealed from a district court order denying her motion to enlarge time for service of process.
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order expunging a mechanic’s lien under NRS 108.2275.
December 28, 2010: Natural Goodness, Bruce Ledewitz
December 28, 2010: Natural Goodness, Bruce Ledewitz
Hallowed Secularism
Blog post, “Natural Goodness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Nevada Supreme Court Summaries
No abstract provided.
December 24, 2010: Merry Christmas Season, Bruce Ledewitz
December 24, 2010: Merry Christmas Season, Bruce Ledewitz
Hallowed Secularism
Blog post, “Merry Christmas Season“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz
December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Self-Insurance And The Potential Effects Of Health Reform On The Small-Group Market, Kathryn Linehan
Self-Insurance And The Potential Effects Of Health Reform On The Small-Group Market, Kathryn Linehan
National Health Policy Forum
The Patient Protection and Affordable Care Act (PPACA) as amended by the Health Care Education Reconciliation Act of 2010 makes landmark changes to health insurance markets. Individual and small-group insurance plans and markets will see the biggest changes, but PPACA also affects large employer and self-insured plans by imposing rules for benefit design and health plan practices. Over half of workers—most often those in very large firms—are covered by self-insured health plans in which employers (or employee groups) bear all or some of the risk of providing insurance coverage to a defined population of workers and their dependents. As PPACA …
Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth
Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth
Reports
No abstract provided.
Interview With George Mitchell (3) By Andrea L’Hommedieu, George J. Mitchell
Interview With George Mitchell (3) By Andrea L’Hommedieu, George J. Mitchell
George J. Mitchell Oral History Project
Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Popular Media
No abstract provided.
December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz
December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does the Government Celebrate Christmas?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States
Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States
Native American Water Rights Settlement Project
Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …
Déjà Vu All Over Again? Reflections On Auerbach's 'Modern Corporate Tax', Reuven S. Avi-Yonah
Déjà Vu All Over Again? Reflections On Auerbach's 'Modern Corporate Tax', Reuven S. Avi-Yonah
Law & Economics Working Papers
This paper comments on Alan Auerbach's "A Modern Corporate Tax" (Hamilton Project/CAP, December 2010) and argues that it is not a significant improvement over previous proposals to replace the corporate tax with a cash flow tax.
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
Publications
The debate over human gene patents was recently reignited by New York federal Judge Robert Sweet, when he found isolated human gene sequences unpatentable in Association for Molecular Pathology v. U.S. Patent and Trademark Office , 702 F.Supp.2d 181 (S.D.N.Y. 2010). An appeal of the decision is pending, and in October, the U.S. Department of Justice filed an amicus curiae brief in the case arguing that such gene sequences should not be patentable, contradicting long-standing practices of the United States Patent and Trademark Office. Given the potent impact of a possible gene patent ban on gene-based medical therapies and the …