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Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. McLaughlin, Richard Schmalbeck 2021 Loyola Law School Los Angeles

Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. Mclaughlin, Richard Schmalbeck

Amici Briefs

The twelve individuals filing this amicus brief are professors and scholars of the law of nonprofit organizations. No party in this case represents all three of charity’s key stakeholders: charities, states, and taxpayers who underwrite the charities’ funding. Amici are participating in this litigation in order to aid the Court in understanding how these three interests depend on one another. They also attempt to provide a clearer understanding of state supervision of charities and how that supervision related to federal tax law.


Landmarks And City Hall: How Historic Preservation Contributes To Municipal Government, Frank B. Gilbert 2021 National Trust for Historic Preservation

Landmarks And City Hall: How Historic Preservation Contributes To Municipal Government, Frank B. Gilbert

Journal of Natural Resources & Environmental Law

No abstract provided.


Regulation Of Municipal Incinerator Ash: City Of Chicago V. Environmental Defense Fund, Inc., Tiffany D. Gabehart 2021 University of Kentucky

Regulation Of Municipal Incinerator Ash: City Of Chicago V. Environmental Defense Fund, Inc., Tiffany D. Gabehart

Journal of Natural Resources & Environmental Law

No abstract provided.


Taxing Cloud Computing Proves To Be Just That--Taxing, Emily A. Ivers 2021 Boston College Law School

Taxing Cloud Computing Proves To Be Just That--Taxing, Emily A. Ivers

Boston College Law Review

In February 2020, the Massachusetts Supreme Judicial Court, in Citrix Systems, Inc. v. Commissioner of Revenue ruled that the sale of cloud computing subscriptions was subject to state sales tax because it was a transfer of tangible personal property. This was the first time a state’s highest court decided on the taxability of cloud computing products. As the industry continues to grow at a rapid pace, states have struggled to determine how to tax it. Some states find these products to be a non-taxable service, whereas others stretch their definitions of tangible personal property to allow taxation. This Comment ...


“You Just Need To Do It!”: When Texts Encouraging Suicide Do Not Warrant Free Speech Protection, Courtney E. Ruggeri 2021 Boston College Law School

“You Just Need To Do It!”: When Texts Encouraging Suicide Do Not Warrant Free Speech Protection, Courtney E. Ruggeri

Boston College Law Review

Is it constitutional to hold an individual criminally liable for another’s suicide when words alone drive the conviction? After a Massachusetts court convicted Michelle Carter of involuntary manslaughter following the suicide of her boyfriend Conrad Roy in 2014, the answer seemed to be “yes.” Although Carter’s conviction—which focused on the content of her text messages—was a first-of-its-kind, that was not the case for long. Just five years later, the Commonwealth of Massachusetts brought similar charges against Inyoung You for causing the suicide of her boyfriend, Alexander Urtula, also via text. Although the facts in the two ...


Ohio's Love-Hate Relationship With Marital Agreements: Why Ohio Should Lift Its Prohibition On Postnuptial Agreements, Natasha Wasil 2021 Cleveland-Marshall College of Law

Ohio's Love-Hate Relationship With Marital Agreements: Why Ohio Should Lift Its Prohibition On Postnuptial Agreements, Natasha Wasil

Cleveland State Law Review

Ohio has been accepting of prenuptial agreements since its landmark decision in Gross v. Gross in 1984, declaring them to be not void per se as being against public policy. Unfortunately, Ohio’s evolution of the law regarding marital agreements has remained at a stand-still since Gross. Through the twenty-first century, a majority of states have responded to the evolution of marriage by enacting legislation, or judicially by court order, to allow spouses to enter into contracts after marriage to allocate the division of property and legal obligations of the couple in the event of divorce, commonly known as “postnuptial ...


Recent Developments, Clinton T. Summers 2021 University of Arkansas, Fayetteville

Recent Developments, Clinton T. Summers

Arkansas Law Review

The United States Supreme Court upheld an Arkansas law regulating how pharmacies are reimbursed by pharmacy benefit managers. In Rutledge v. Pharmaceutical Care Management Ass’n, a unanimous Court decided that Arkansas Act 900, passed in 2015, was not pre-empted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”).


Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton 2021 University of Arkansas, Little Rock

Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton

Arkansas Law Review

A series of Arkansas appellate decisions addresses a recurring issue—the entry of a final order without notice to one or more litigants. Appellate deadlines run from the date of entry of a final order, so the lack of notice typically results in the inability to perfect an appeal, as a party unaware of the entry of a final order is unlikely to timely perfect an appeal. This troublesome issue has arisen in Arkansas with sufficient frequency to merit a specific provision in the Arkansas Rules of Appellate Procedure—Civil.4 If a party can satisfy its requirements, Rule 4 ...


How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne 2021 University of Pennsylvania Carey Law School

How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne

Faculty Scholarship at Penn Law

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.

After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...


The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter 2021 Columbia Law School

The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter

Michigan Law Review

In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal Constitution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few.

This Article argues that a vital response has been neglected. State constitutions embody a deep commitment to democracy. Unlike the federal Constitution, they were drafted—and have been repeatedly rewritten and amended— to ...


The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney 2021 Boston College Law School

The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney

Boston College Law Review

Students attending under-resourced public schools are held to the same statewide standards as their peers in wealthier districts, but are attempting to learn under conditions of neglect. In most states, students lacking qualified teachers, safe classrooms, textbooks, and other learning resources have no power to change their learning environments. Due to the lack of a federal constitutional right to education, efforts to improve school conditions by invoking general state protections have had mixed success in enhancing the quality of education in the United States. In California in 2004, however, the Williams v. State student class action lawsuit set some of ...


Masthead, 2021 University of San Diego

Masthead

California Regulatory Law Reporter

No abstract provided.


Key, 2021 University of San Diego

Key

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Jonathan Greenbergs, Debra Jorgensen, Bridget Fogarty Gramme 2021 University of San Diego

Dental Board Of California, Jonathan Greenbergs, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme 2021 University of San Diego

Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Ellen Williams, Jonathan Padua, Bridget Fogarty Gramme 2021 University of San Diego

Medical Board Of California, Ellen Williams, Jonathan Padua, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Anna Schwartz, Debra Jorgensen, Bridget Fogarty Gramme 2021 University of San Diego

Board Of Pharmacy, Anna Schwartz, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Kendra J. Muller, Debra Jorgensen, Bridget Fogarty Gramme 2021 University of San Diego

Board Of Registered Nursing, Kendra J. Muller, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Jordan Bourque, Debra Jorgensen, Bridget Fogarty Gramme 2021 University of San Diego

Veterinary Medical Board, Jordan Bourque, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, Sabrina Barr, Bridget Fogarty Gramme 2021 University of San Diego

Contractors State License Board, Sabrina Barr, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


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