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Articles 1 - 30 of 3980
Full-Text Articles in Tax Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
The Case For Fixing The Unprincipled Residence Tax Exemption, Allison Christians, Samuel Singer
The Case For Fixing The Unprincipled Residence Tax Exemption, Allison Christians, Samuel Singer
Osgoode Hall Law Journal
When Canada overhauled its income tax to include capital gains in 1972, lawmakers suddenly had to decide how to deal with personal home sales. After heated debate, they opted to exclude the gains on an individual’s principal residence on the grounds that the core purpose of a home is to provide “basic shelter” for its owner-occupants.
The principal residence tax exemption has since become one of Canada’s biggest tax shelters and now amounts to one of Canada’s largest tax subsidies to individuals. Along the way, it has created economic distortions, administrative challenges, and inequitable distributive outcomes. While lawmakers have occasionally …
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Brooklyn Law Review
This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …
Private Equity And The Gridiron: Tax Considerations In Secondary Sales Of Nfl Investments, Harrison Penn Nugent
Private Equity And The Gridiron: Tax Considerations In Secondary Sales Of Nfl Investments, Harrison Penn Nugent
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Contemporary Tax Journal’S Interview With Ms. Julia Ushakova-Stein, Shuang Zhang
The Contemporary Tax Journal’S Interview With Ms. Julia Ushakova-Stein, Shuang Zhang
The Contemporary Tax Journal
No abstract provided.
2026 Uworld Cpa Exam Review Questions
2026 Uworld Cpa Exam Review Questions
The Contemporary Tax Journal
No abstract provided.
The Contemporary Tax Journal Volume 15, No. 1 – Summer 2026
The Contemporary Tax Journal Volume 15, No. 1 – Summer 2026
The Contemporary Tax Journal
No abstract provided.
Unspent Donations In Donor Advised Funds - Policy Recommendation, Oriel Nolan-Smith
Unspent Donations In Donor Advised Funds - Policy Recommendation, Oriel Nolan-Smith
Hatfield Graduate Journal of Public Affairs
Billions of dollars are sitting in Donor Advised Funds, delaying support for charitable organizations seemingly at odds with the intent of U.S. charitable tax policy. With no requirement for annual distribution nor timelines for disbursement, Donor Advised Funds allow individual and institutional donors to postpone directing funds to charitable organizations - despite already claiming tax benefits. As a result, some DAFs distribute less than 5% of assets annually, while many of the institutions managing the DAFs continue collecting fees.
Two complementary policy interventions are recommended: (1) the issuance of a federal regulation requiring annual minimum distributions from all DAFs, and …
Equality Before Tax Law, Charles Delmotte
Equality Before Tax Law, Charles Delmotte
Washington and Lee Law Review
The income tax code is riddled with exceptions—exclusions, rate preferences, and deductions—that reduce tax burdens for dominant majorities and powerful interest groups. These carveouts now amount to an astonishing $1.9 trillion, equivalent to 75 percent of all federal income tax revenue. By granting policymakers discretion to allocate tax exceptions, the tax system not only invites capture but also the weaponization of taxation against disfavored economic and political groups. Yet despite the central role of these exceptions, tax scholars have not articulated a principle requiring taxation according to general rules.
This Article bridges philosophy with insights from political economy to reveal …
Protecting Dependent Children In Bankruptcy, Michael D. Sousa, L. Alexis Whitley Esq.
Protecting Dependent Children In Bankruptcy, Michael D. Sousa, L. Alexis Whitley Esq.
Villanova Law Review (1956 - )
No abstract provided.
Les Actions De Préférence Émises Par Les Banques Libanaises, Aline Tanielian
Les Actions De Préférence Émises Par Les Banques Libanaises, Aline Tanielian
Proche-Orient, Études juridiques
No abstract provided.
Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin
Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin
BYU Law Review
Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …
Advocacy Matters, Richard Collins
Advocacy Matters, Richard Collins
American Indian Law Journal
The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
American Indian Law Journal
The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …
Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson
Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson
American Indian Law Journal
Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …
September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser
September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
American Indian Law Journal
This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …
The Federal Trust Responsibility And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations , Sofia Sallas
American Indian Law Journal
Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …
Time Lapse: Deducting Claims And Expenses Under Section 2053, Grayson M.P. Mccouch
Time Lapse: Deducting Claims And Expenses Under Section 2053, Grayson M.P. Mccouch
ACTEC Law Journal
No abstract provided.
How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch
How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch
Seattle University Law Review
The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.
The lack of comprehensive data collection by …
After Advisory Votes: Exploring Alternatives For Voter Engagement In Washington Tax Policy, Emma Morse
After Advisory Votes: Exploring Alternatives For Voter Engagement In Washington Tax Policy, Emma Morse
Washington Law Review
In 2023, the Washington State legislature repealed the state’s advisory vote system, which allowed taxpayers to express their opinions on enacted tax measures. This system was the first of its kind in the United States, a novel concept that no other state had implemented. Although the advisory votes were non-binding, they provided a platform for public input on tax policy decisions. The repeal of this system raises important questions about voter participation in tax policy, particularly in a state already known for its regressive tax structure. This presents an opportunity to consider whether Washington voters should have input on tax …
Fetal Personhood And Inheritance By Unborn Children, Alyssa A. Dirusso, Emily Price
Fetal Personhood And Inheritance By Unborn Children, Alyssa A. Dirusso, Emily Price
ACTEC Law Journal
This article will first discuss the status of the law with respect to inheritance rights of the unborn, including both posthumous children and posthumously-conceived children. This paper next describes the fetal personhood movement and its recognition of not only life but also death before birth. The article explains the current law on survivorship and inheritance rights. Then this article discusses the implications of death before birth on intestate distributions. These implications lead the authors to recommend a default rule barring unintentional nevernatal inheritance. The authors support, however, practical provisions for the unborn for those who choose to do so.