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Yeshiva University, Cardozo School of Law

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Articles 31 - 60 of 71

Full-Text Articles in Taxation-Federal

The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis Jan 2010

The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis

Cardozo Law Review

No abstract provided.


Reinvigorating Nonprofit Directors' Duty Of Obedience, Jeremy Benjamin Mar 2009

Reinvigorating Nonprofit Directors' Duty Of Obedience, Jeremy Benjamin

Cardozo Law Review

No abstract provided.


Originalism's Expiration Date, Adam M. Samaha Dec 2008

Originalism's Expiration Date, Adam M. Samaha

Cardozo Law Review

The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …


A Taxing Statute: Costly Conjuncts And Their Logical Fallout, Timothy Deering Oct 2008

A Taxing Statute: Costly Conjuncts And Their Logical Fallout, Timothy Deering

Cardozo Public Law, Policy & Ethics Journal

The note critiques the judicial interpretation of the Telephone Excise Tax statute, arguing that courts misapplied the conjunction "and" and the term "varies," leading to flawed rulings. It contends that "and" should not always be interpreted as requiring both conditions (conjunctive) but can sometimes mean "or" (disjunctive) in legal contexts. The author emphasizes the importance of logical precision in statutory interpretation to prevent inconsistent outcomes and unintended financial consequences, such as significant revenue losses for the government.


Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice Nov 2007

Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice

Cardozo Law Review

No abstract provided.


A Tax Lawyer's Perspective On Section 527 Organizations, Gregg D. Polsky Feb 2007

A Tax Lawyer's Perspective On Section 527 Organizations, Gregg D. Polsky

Cardozo Law Review

No abstract provided.


The Internal Revenue Service And Alternative Dispute Resolution: Moving From Infancy To Legitimacy, David Parsly Jan 2007

The Internal Revenue Service And Alternative Dispute Resolution: Moving From Infancy To Legitimacy, David Parsly

Cardozo Journal of Conflict Resolution

As Alternative Dispute Resolution (ADR) attains greater acceptance in the American legal landscape, government sponsored ADR programs will grow in size, number, and significance. The Internal Revenue Service (IRS) provides a primary example of a governmental body experimenting and obtaining modestly successful results through the use of various dispute resolution mechanisms along the ADR spectrum. The purpose of this Note is to examine the types of ADR processes being implemented by the IRS, focusing specifically on how the IRS has pioneered each program by combining the unique exigencies of sound tax administration with the principles of negotiation, mediation, and arbitration. …


Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges Jan 2007

Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler Oct 2006

The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler

Cardozo Law Review

No abstract provided.


Property Tax Reassessment: Who Needs It?, Stewart E. Sterk, Mitchell L. Engler Mar 2006

Property Tax Reassessment: Who Needs It?, Stewart E. Sterk, Mitchell L. Engler

Articles

No abstract provided.


Public Law Limitations On Privatization Of Government Functions, Paul R. Verkuil Jan 2006

Public Law Limitations On Privatization Of Government Functions, Paul R. Verkuil

Articles

The privatization movement is on the verge of succeeding too well. The fact that some of what government does can be done better and cheaper by the private sector has gained such momentum that the public sector is sometimes seen as redundant or irrelevant. But the economist's make-or-buy choice simply fails to capture the full range of responsibilities that government faces in deciding whether to outsource a particular function to private contractors.

This Article illuminates the public dimension of government functions. By exploring the public-private distinction and relating it to constitutional, statutory, and administrative requirements, it structures an argument that …


Cuno: The Property Tax Issue, Edward A. Zelinsky Jan 2006

Cuno: The Property Tax Issue, Edward A. Zelinsky

Articles

The author criticizes the decision of the U.S. Court of Appeals for the Sixth Circuit in Cuno v. Daimler Chrysler Inc., in which the court ruled that Ohio's investment tax credit violated the U.S. Constitution's Commerce Clause. Zelinsky says the dormant Commerce Clause concept of nondiscrimination is overbroad and undefinable and should be abandoned. He hopes this decision will give the U.S. Supreme Court an opportunity to reassess the concept.


Do Tax Expenditures Create Framing Effects? Volunteer Firefighters, Property Tax Exemptions, And The Paradox Of Tax Expenditure Analysis, Edward A. Zelinsky Apr 2005

Do Tax Expenditures Create Framing Effects? Volunteer Firefighters, Property Tax Exemptions, And The Paradox Of Tax Expenditure Analysis, Edward A. Zelinsky

Articles

No abstract provided.


Should Governments Play Robin Hood? The Effects Of The Repeal Of The Estate Tax On Wealth Apportionment, Mark Bernstein Jul 2004

Should Governments Play Robin Hood? The Effects Of The Repeal Of The Estate Tax On Wealth Apportionment, Mark Bernstein

Cardozo Journal of International and Comparative Law

The note explores the debate surrounding wealth disparity and the effectiveness of taxes, such as the estate tax and net wealth tax, in addressing this issue. It examines the historical and contemporary arguments for and against these taxes, drawing comparisons between the U.S. and countries like Japan, Sweden, and Switzerland. The analysis highlights the tension between reducing wealth inequality and maintaining economic growth, ultimately suggesting that a well-structured net wealth tax could be a viable solution to both redistribute wealth and generate revenue.


The Traumatic Dimension In Law, David Gray Carlson Aug 2003

The Traumatic Dimension In Law, David Gray Carlson

Cardozo Law Review

No abstract provided.


Consolidated Groups Must Use A Separate Entity Approach When Reducing Tax Attributes In Bankruptcy, Natalie C. Khavulya-Maksin Nov 2002

Consolidated Groups Must Use A Separate Entity Approach When Reducing Tax Attributes In Bankruptcy, Natalie C. Khavulya-Maksin

Cardozo Law Review

No abstract provided.


The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky Aug 2002

The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.


Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly Nov 2001

Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly

Cardozo Law Review

No abstract provided.


Rulemaking, Michael Herz Jan 2001

Rulemaking, Michael Herz

Articles

No abstract provided.


Bringing Down The Bar: Accountants Challenge Meaning Of Unauthorized Practice, Susan B. Schwab Feb 2000

Bringing Down The Bar: Accountants Challenge Meaning Of Unauthorized Practice, Susan B. Schwab

Cardozo Law Review

No abstract provided.


Introduction To The Warren Buffett Symposium Papers, Lawrence A. Cunningham Sep 1997

Introduction To The Warren Buffett Symposium Papers, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.


The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham Sep 1997

The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.


The Human Corporation: Some Thoughts On Hume, Smith, And Buffett, Lawrence E. Mitchell Sep 1997

The Human Corporation: Some Thoughts On Hume, Smith, And Buffett, Lawrence E. Mitchell

Cardozo Law Review

No abstract provided.


Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth Sep 1997

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth

Cardozo Law Review

No abstract provided.


Buffett, Corporate Objectives, And The Nature Of Sheep, Henry T.C. Hu Sep 1997

Buffett, Corporate Objectives, And The Nature Of Sheep, Henry T.C. Hu

Cardozo Law Review

No abstract provided.


Berkshire Hathaway's Uncommon Accounting, Edmund W. Kitch Sep 1997

Berkshire Hathaway's Uncommon Accounting, Edmund W. Kitch

Cardozo Law Review

No abstract provided.


Accounting In Favor Of Investors, Calvin H. Johnson Sep 1997

Accounting In Favor Of Investors, Calvin H. Johnson

Cardozo Law Review

No abstract provided.


Teaching Accounting And Valuation In The Basic Corporation Law Course, Elliott J. Weiss Sep 1997

Teaching Accounting And Valuation In The Basic Corporation Law Course, Elliott J. Weiss

Cardozo Law Review

No abstract provided.


Deaccession: Not Such A Dirty Word, Jason R. Goldstein Jan 1997

Deaccession: Not Such A Dirty Word, Jason R. Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky Jan 1994

Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky

Articles

No abstract provided.