Law Commons^™

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 …

Players Gonna Play, Haters Gonna Hate…Or Will They?, Alexander Katz

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On August 18, 2014 Taylor Swift released her single “Shake It Off.” This song debuted at number one on the US Billboard Hot 100 chart, was the number 13 song on the Billboard year end chart, and was certified 9 times platinum by the RIAA. This inescapable ear worm dominated the radio and earned Swift a People’s Choice award for “Favorite song” as well as three Grammy nominations for ‘Record of the Year’, ‘Song of the Year’, and ‘Best Pop Performance’.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 18, 2019. The …

The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen

International Law Studies

Naval forces deployed across the world’s seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel’s flag State remain controversial. The 1982 Law of the Sea Convention’s high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address …

Catching Killers With Consumer Genetic Information, Angela Hackstadt

University Libraries Faculty Scholarship

In April 2018, Joseph James D'Angelo was arrested as a suspect in the Golden State Killer case. DNA evidence collected at a 1980 crime scene finally shed light on the murderer's identity in early 2018 when investigators turned to GEDMatch, a service that allows users to upload and share DNA data obtained from consumer genetic tests. Consumer genetic testing, DNA collection, and familial DNA searching all raise ethical and privacy concerns. If investigators are using genetic genealogy to solve cold cases, where does that leave consumers?

Proof Of Claim Form: John Doe 192b, Hall & Monagle, Llc

Proofs of Claims

No abstract provided.

Larry Boynton, Appellee/Corss-Appellant, V. Kennecott Utah Copper Llc, Appellant/Cross-Appellee, Phillips 66 Company, Conocophillips Company, Pacificorp, Cross-Appellees,, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee and Cross-Appellant On appeal from the Third Judicial District Court, Salt Lake County, Honorable Randall N. Skanchy, District Court No. 160902693

The Legal Implications Of Synthetic And Manipulated Media, Thomas E. Kadri

Popular Media

Ahead of the U.S. 2020 presidential election, the Carnegie Endowment for International Peace convened more than 100 experts from three dozen organizations inside and outside Silicon Valley in private meetings to help address the challenges that synthetic and manipulated media pose for industry, government, and society more broadly. Among other things, the meetings developed a common understanding of the potential for synthetic and manipulated media circulated on technology platforms to disrupt the upcoming presidential election, generated definitions of “inappropriate” election-related synthetic and manipulated media that have informed platform content moderation policies, and equipped platforms with playbooks of effective and ethical …

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Brett Kavanaugh Vs. The Exonerated Central Park Five: Exposing The President's "Presumption Of Innocence" Double Standard, Sofia Yakren

Journal of Civil Rights and Economic Development

(Excerpt)

In the service of Justice Brett Kavanaugh’s confirmation to the United States Supreme Court, the President of the United States (and Republican Senators) both misappropriated and further eroded the already compromised concepts of due process and presumption of innocence. This Essay uses the prominent “Central Park Five” case in which five teenagers of color were wrongly convicted of a white woman’s widely-publicized beating and rape to expose the President’s disparate use of the presumption along race and status lines. This narrative is consistent with larger systemic inequities that leave poor black and brown criminal defendants less likely to benefit …

Hearing Women: From Professor Hill To Dr. Ford, Stephanie M. Wildman

Journal of Civil Rights and Economic Development

(Excerpt)

One of the recent traumas, another skirmish in today’s civilian conflict over what kind of society America will be, arose from Dr. Christine Blasey Ford’s testimony about sexual assault she had endured. Her composed, measured statement during the nowJustice Brett Kavanaugh confirmation hearing exemplified bravery in the face of adversity. The Senate and the nation’s response to her testimony underscored the high stakes in the ongoing ideological conflict, beyond the obvious prize of a Supreme Court seat. Constituents in the current ideological battle had differing reactions to Ford’s testimony and to this hearing, reflecting a range of views about …

"I Still Like Smear": The Senate Judiciary Committee's Obstructing Politics Surrounding The Kavanaugh Hearing And A Solution To The Chaos That Ensued, Frank J. Tantone

Journal of Civil Rights and Economic Development

(Excerpt)

The incredible events and raucous behavior by members of the Committee that colored Justice Kavanaugh’s confirmation process rose to a level of intensity and virulence never seen before in this specific area of American government and politics. Nevertheless, the most analogous situation that somewhat closely reflects the events that transpired in 2018 occurred seventeen years earlier. President George H.W. Bush, on July 1, 1991, nominated then District of Columbia Circuit Court Judge, Clarence Thomas, to replace Justice Thurgood Marshall on the Supreme Court. Thomas’s confirmation hearing was also opposed from the outset but by civil rights and feminist organizations …

How The Boogeyman Saved Brett Kavanaugh, Cathren Page

Journal of Civil Rights and Economic Development

(Excerpt)

We love to hate these boogeymen. When the societal narrative creates these invisible boogeymen, people can pour their rage against sexual abuse into these faceless antagonists. At the same time, the enraged survivors and protectors avoid conflicts with family, neighbors, colleagues, and social acquaintances who might actually commit or enable sexual abuse. We can dodge sticky questions regarding how a churchgoer, a judge, or an Ivy Leaguer could have committed a heinous act. The survivors can avoid all the victim-blaming backlash, threats of violence, and invalidation that accompanies reporting a sexual offense. Moreover, having less power on their own, …

The Master's Tools Will Never Dismantle The Master's House: Kavanaugh's Confirmation Hearing And The Perils Of Progressive Punitivism, Hadar Aviram

Journal of Civil Rights and Economic Development

(Excerpt)

This essay proceeds in four parts. In Part I, I problematize the idea of the accused’s demeanor as evidence of guilt, remorse, or entitlement, arguing that we tend to overestimate our ability to deduce internal states of mind from people’s behavior and expressions. Part II assesses the potential (or lack thereof) of public performances of reckoning to produce a valuable expression of remorse, discussing the value of contingent apologies. Part III expands the framework to examine the way our politically fractured field responds to partisan efforts to excoriate culprits, arguing that “starting a national conversation” on the basis of …

November 14, 2019: What’S Wrong With Impeachment, Bruce Ledewitz

Hallowed Secularism

Blog post, “What’s Wrong With Impeachment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ice Castle Retirement Fund L.L.C., Appellee, V. Anderson Geneva, Llc; Mlh Investments, Llc; Gerald D. Anderson; And Michael L. Hutchings, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Paul B. Parker, District Court No. 170900743

In The Matter Of The Discipline Of: Travis L. Bowen #397 Respondent/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee

Law School News: Aals Honors Barron With Major Pro Bono Award 11/14/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Observations Of Professor Gabor Rona On The Pre-Trial Chamber's Conclusion That Events Beyond The Territory Of Afghanistan Lack Sufficient Nexus To The Armed Conflict There For Pruposes Of Application Of Rome Statute War Crimes, Gabor Rona

Amicus Briefs

Prof. Gabor Rona, Director of CLIHHR's Law and Armed Conflict Project, submitted an amicus brief to the International Criminal Court (ICC) in connection with the Prosecutor's request to commence an investigation into international crimes arising out of the situation in Afghanistan. A Pre-Trial Chamber (PTC) had rejected the Prosecutor's request to investigate CIA war crimes arising from secret detention and torture of detainees at "black sites" in Poland, a State Party to the ICC Treaty. The PTC held that those events lacked sufficient nexus to the armed conflict in Afghanistan. Rona argues to the Appellate Chamber that both the Geneva …

The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans

Articles, Chapters and Online Publications

Rachel Evans crafts a short history of Open Educational Resources and provides a list of tools and other sites for exploring and creating Open Access Textbooks and other materials. The post also recounts a recent Open Access event at UGA Law Library and compares the perils of generationally divided views on access to quality yet affordable education to the clash of tradition and modernity in a particular film The Flavor of Green Tea Over Rice. To close the piece she encourages members to participate in the recently shared ALL-SIS (Academic Law Libraries Special Interest Section) survey about Open Educational Resources …

Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish

Austen Parrish (2014-2022)

The students at the Indiana University Maurer School of Law come to Bloomington from all over the nation. During their summers, the temptation is for them to work in the country’s largest cities, often with the majority working in Indianapolis, Chicago, Washington, D.C., and New York. Many others work in our innovative Stewart Fellows global internship program, where students are placed in countries throughout the world.

Fewer students, however, choose to work in Indiana’s smaller towns, and the hundreds of trial court judges working there often need help. Many trial courts have crowded dockets and limited staffing, particularly those in …

Two Forms Of Formalism, Dan Priel

All Papers

In this paper I argue that what is called ‘formalism’ is actually two very different views: I call one ‘conceptualism’ and the other ‘doctrinalism’. The former is deductive and ‘philosophical’ whereas the latter is inductive and ‘pragmatic’. While the two views have sometimes been aligned in opposition to certain views they were both in opposition to, they are actually fundamentally at odds with each other. I demonstrate this by identifying eight parameters on which the two are opposed. After presenting the two views, I turn to evaluating the two views. I first argue that conceptualism is indefensible, and that though …

Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan

College of Journalism and Mass Communications: Theses

The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues, they …

Table Of Contents

Georgia Law Review

No abstract provided.

Assessing The Impact Of Police Body Camera Evidence On The Litigation Of Excessive Force Cases, Mitch Zamoff

Georgia Law Review

In the wake of several hotly debated and widely publicized shootings of civilians by police officers, calls for the increased use of body-worn cameras (bodycams) by law enforcement officers have intensified. As police departments across the country expand their use of this emergent technology, courts will increasingly be presented with video evidence from bodycams when making determinations in cases alleging the excessive use of force by the police. This Article tests the hypotheses that bodycam evidence will be dispositive in most excessive force cases and that such evidence will positively impact the way those cases are litigated and decided. In …

The Law And Economics Of Entrenchment, Michael D. Gilbert

Georgia Law Review

Should law respond readily to society’s evolving views, or should it remain fixed? This is the question of entrenchment, meaning the insulation of law from change through supermajority rules and other mechanisms. Entrenchment stabilizes law, which promotes reliance and predictability, but it also frustrates democratic majorities. Legal scholars have long studied this tension but made little progress in resolving it.

This Article considers the problem from the perspective of law and economics. Three arguments follow. First, majority rule can systematically harm society—even when voters are rational (i.e., not passionate) and no intense minority is present. This is because of a …

Code Revision Commission V. Public.Resource.Org And The Fight Over Copyright Protection For Annotations And Commentary, David E. Shipley

Georgia Law Review

This Article analyzes Code Revision Commission v. Public.Resource.Org, a 2018 decision in which the U.S. Court of Appeals for the Eleventh Circuit applied the public edicts doctrine and held that Georgia’s copyright on the annotations, commentary, and analyses in the Official Code of Georgia Annotated is invalid. The U.S. Supreme Court granted Georgia’s Petition for a Writ of Certiorari on June 24, 2019. About a third of states claim copyright in the annotations to their codes, so the potential impact of this decision is substantial.

This Article’s thesis is that the Eleventh Circuit was wrong and should be reversed. It …

Public Rights, Private Privileges, And Article Iii, John Harrison

Georgia Law Review

PUBLIC RIGHTS, PRIVATE PRIVILEGES, AND ARTICLE III John Harrison* This Article addresses the constitutional justification for adjudication by executive agencies that rests on the presence of a public right. The public rights rationale originated in the nineteenth century and was for many decades the dominant explanation for the performance of adjudicative functions by executive agencies. The U.S. Supreme Court most recently relied on that rationale in Oil States Energy Services v. Greene’s Energy Group in 2018. In light of the Court’s interest in the nineteenth century system, this Article explores that system in depth and seeks to identify the ways …

The State Of Utah, Plaintiff/ Appellee V. Wayne Lee Burr & Blaine Lynn Burr , Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Sixth Judicial District, Honorable Marvin D. Bagley presiding

Proof Of Claim Form: John Doe 190b, Hall & Monagle, Llc

Proofs of Claims

No abstract provided.

European Banking Union D: Cross-Border Resolution—Dexia Group, Rosalind Z. Wiggins, Natalia Tente, Andrew Metrick

Journal of Financial Crises

In September 2008, Dexia Group, SA, the world’s largest provider of public finance, experienced a sudden liquidity crisis. In response, the governments of Belgium, France, and Luxembourg provided the company a capital infusion and credit support. In February 2010, the company adopted a European Union (EU)-approved restructuring plan that required it to scale back its businesses and cease proprietary trading. In June 2011, Dexia withdrew from the government-sponsored credit support program before its expiration date, and in July, the company announced that it had passed an EU stress test. However, just three months later, Dexia wrote down its substantial position …