Xilinx Revisited,
2010
University of Michigan Law School
Xilinx Revisited, Reuven S. Avi-Yonah
Articles
On March 22 the Ninth Circuit released its new opinion in Xilinx v. Commissioner, Doc 2010-6163, 2010 WTD 55-42. 1 As has been expected since the panel withdrew its original opinion, it reversed itself and in a 2-1 opinion held for the taxpayer. The opinion makes it pretty clear why the reversal occurred. It was the result of concentrated pressure by the international tax community and the fact that the government was unwilling to defend the theory on which the panel originally decided the case: that the arm’s-length standard of the section 482 regulations does not apply to cost sharing. …
Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy,
2010
Brigham Young University Law School
Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino
Brigham Young University Education and Law Journal
No abstract provided.
Issue 3: Table Of Contents,
2010
University of Richmond
Impeachment As Judicial Selection?,
2010
William & Mary Law School
Impeachment As Judicial Selection?, Tuan Samahon
William & Mary Bill of Rights Journal
No abstract provided.
Smart Grid Technology: The Future Of The Electric Utility Industry,
2010
President and Chief Executive Officer, NV Energy
Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira
University of Richmond Law Review
Energy is leading many agendas these days, and, indeed, the energy landscape is changing-taking it a step further, it is actually transforming. This could be as big a transformation for the electric utility industry as the automated teller machine was for the banking industry and the cell phone was for telecommunications.
The Place Of The Filmed Witness: From Nuremberg To The Khmer Rouge Trial,
2010
University of Paris 8
The Place Of The Filmed Witness: From Nuremberg To The Khmer Rouge Trial, Christian Delage
Cardozo Law Review
No abstract provided.
Shakespeare On Screen: A Window To The Soul Of Law,
2010
The University of Warwick
Shakespeare On Screen: A Window To The Soul Of Law, Paul Raffield
Cardozo Law Review
No abstract provided.
The Tax Injunction Act And Federal Jurisdiction: Reasoning From The Underlying Goals Of Federalism And Comity,
2010
University of Michigan Law School
The Tax Injunction Act And Federal Jurisdiction: Reasoning From The Underlying Goals Of Federalism And Comity, David Fautsch
Michigan Law Review
States routinely contest federal jurisdiction when a state tax is challenged in federal district court on federal constitutional grounds. States argue that the Tax Injunction Act, 28 U.S.C. § 1341 (2006), bars jurisdiction and, even if the Tax Injunction Act does not apply, the principals of federalism and comity require abstention. The United States Supreme Court has not squarely addressed the scope of federalism and comity in relation to the Tax Injunction Act, and federal courts of appeal are split. In the Fourth and Tenth Circuits, federalism and comity require federal district courts to abstain even where the Tax Injunction …
Introduction To The First Annual Survey Of The Ninth And Tenth Circuits,
2010
Brigham Young University Law School
Introduction To The First Annual Survey Of The Ninth And Tenth Circuits
BYU Law Review
No abstract provided.
Victory For Clergy Sexual Abuse Victims: The Ninth
Circuit Strips The Holy See Of Foreign Sovereign
Victory For Clergy Sexual Abuse Victims: The Ninth
Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See,
2010
Brigham Young University Law School
Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett
BYU Law Review
No abstract provided.
Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S
Expansion Of The Exclusionary Rule In Immigration
Hearings Contradicts The Supreme Court’S Lopezmendoza Decision,
2010
Brigham Young University Law School
Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke
BYU Law Review
No abstract provided.
Catholic League For Religious And Civil Rights V. City
Of San Francisco: How The Ninth Circuit Abandoned
Judicial Neutrality To Strike A Blow At Religion ,
2010
Brigham Young University Law School
Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton
BYU Law Review
No abstract provided.
Torture And Public Policy: Mohamed V. Jeppesen
Dataplan, Inc., Allows “Extraordinary Rendition”
Victims To Litigate Around State Secrets Doctrine ,
2010
Brigham Young University Law School
Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen
BYU Law Review
No abstract provided.
Golden Gate And The Ninth Circuit’S Threat To
Erisa’S Uniformity And Jurisprudence ,
2010
Brigham Young University Law School
Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson
BYU Law Review
No abstract provided.
United States V. Mccane: Judge Tymkovich Questions
Heller’S Disarming Dicta,
2010
Brigham Young University Law School
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims,
2010
Brigham Young University Law School
How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen
BYU Law Review
No abstract provided.
In Re Williams Securities Litigation—Wcg Subclass:
How Dura Met Daubert,
2010
Brigham Young University Law School
In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps
BYU Law Review
No abstract provided.
Juror Testimony Of Racial Bias In Jury Deliberations:
United States V. Benally And The Obstacle Of Federal
Rule Of Evidence 606(B) ,
2010
Brigham Young University Law School
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
BYU Law Review
No abstract provided.
Remedial And Coercive Administrative
Proceedings Under Younger: The Tenth Circuit’S
Test In Brown V. Day,
2010
Brigham Young University Law School
Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim
BYU Law Review
No abstract provided.
Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo ,
2010
Brigham Young University Law School
Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker
BYU Law Review
No abstract provided.
