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27 May 2024, 4:05 pm by Lawrence Solum
Jensen (Case Western Reserve University School of Law) has posted The Commerce Clause Doesn't Override Rules Governing the Taxing Power (182 Tax Notes Federal 1603 (2024); 113 Tax Notes International 1169 (2024)) on SSRN. [read post]
7 Apr 2024, 9:05 pm by renholding
Indeed, they must be if humanity is to survive and flourish in the face of existential threats.[26] One reason is that the collective power of business to influence some of these large problems is at least equivalent to the power of nations or global assemblages of only governments and nonprofit organizations.[27] Extending my previous descriptive argument in Business Persons prescriptively, business firms are best understood as “real fictions” in society that are… [read post]
2 Dec 2023, 7:25 pm by Jim Lindgren
Jensen, The Apportionment of "Direct Taxes": Are Consumption Taxes Constitutional? [read post]
15 Nov 2023, 10:21 pm by Jim Lindgren
Jensen, The Apportionment of "Direct Taxes": Are Consumption Taxes Constitutional? [read post]
20 Jan 2022, 2:01 pm by John Elwood
The district court granted the states summary judgment, concluding that the actuarial-certification rule is an impermissible delegation of legislative power and exceeded CMS’ statutory authority. [read post]
12 Jan 2022, 12:35 pm by John Elwood
Jensen, 21-210: Whether a woman’s statement that if she died, her husband should be considered a suspect, is (after her death) “testimonial” and thus barred under the Sixth Amendment’s confrontation clause George v. [read post]
20 Dec 2020, 8:43 am by Anna Salvatore, Tia Sewell
Robert Chesney and Steve Vladeck shared an episode of the National Security Law Podcast about the latest developments in the TikTok lawsuit and the Justice Department and the Supreme Court’s decision in United States v. [read post]
29 Sep 2020, 6:13 pm by Anna Salvatore, Benjamin Wittes
Flynn filed a motion to compel certain material under Brady v. [read post]
14 Mar 2020, 8:02 am by Elliot Setzer
Circuit ruling in Committee on the Judiciary v. [read post]
19 Jun 2019, 2:53 pm by Kevin LaCroix
In Jensen v. iShares Trust, holders of ETF shares purchased in a secondary market, i.e. not directly from the issuer, attempted to bring a Section 11 suit against the issuer. [read post]
21 Feb 2019, 9:05 pm by Bill Marler
Sometimes bad facts make good law – recall the lawsuit against the auditor in the Jensen Farms Listeria cantaloupe case? [read post]