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3 May 2022, 1:55 am by Kevin Kaufman
The marginal effective tax rate (METR) measures the tax rate a hypothetical new, break-even investment would face, taking into account the statutory tax rate and other structural elements of the tax system such as depreciation deductions, limitations on interest deductions, and special rates. [read post]
1 May 2022, 6:15 am by Lawrence Solum
Beerman & Joseph William Singer, Baseline Questions in Legal Reasoning: The Example of Property in Jobs, 23 Ga. [read post]
30 Apr 2022, 10:17 am by Mark Tushnet
  For me at least, the CLS take on public interest law was “Go for it, but don’t expect too much – and too many of you see public interest law as a new technocratic solution to the ills of the contemporary political economy. [read post]
27 Apr 2022, 5:17 am by Hannah E. Smith, JD
  This wasn’t an easy decision to make but Joe and I both understand that this situation isn’t fair to either of us. [read post]
25 Apr 2022, 9:01 pm by Leslie C. Griffin
This is a case about a public school football coach, Joseph Kennedy, who prayed at the end of football games. [read post]
24 Apr 2022, 3:27 pm by Amy Howe
” And although the school district had “specifically targeted Kennedy’s religious conduct,” the court nonetheless concluded that “the district had a compelling interest in prohibiting Kennedy’s prayer because ‘allowing’ it ‘would have violated the Establishment Clause. [read post]
24 Apr 2022, 6:30 am by Guest Blogger
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).Ken Kersch In Conservatives and the Constitution(Cambridge, 2019), I detailed the extent to which, long before the ascendence of legalist originalism, the postwar American conservative movement enlisted appeals to constitutional fidelity, redemption, and restoration in the public… [read post]
21 Apr 2022, 3:50 pm by Eugene Volokh
Although the University may have a compelling interest in preventing students from disrupting its educational environment, its policy doesn't seem to us to be narrowly tailored to that end. [read post]
20 Apr 2022, 6:30 am by Guest Blogger
 One of the things that is so audacious and interesting about The Anti-Oligarchy Constitution is that it takes the opposite approach. [read post]
20 Apr 2022, 4:29 am by Emma Snell
Rachel Pannett and Joseph Marks report for the Washington Post. [read post]
12 Apr 2022, 8:35 am by Mark Tushnet
(I know it’s a bit snarky but I can’t avoid noting that Pierre Bourdieu appears in Novak’s index but Randolph Bourne doesn’t.) [read post]
11 Apr 2022, 9:01 pm by Joanna L. Grossman
Granville (2000), a plurality of the Court emphasized the breadth of power held by fit parents, who are presumed to act in their children’s best interests with every decision they make. [read post]
11 Apr 2022, 5:07 am by Emma Snell
Joseph Choi reports for The Hill. [read post]
7 Apr 2022, 10:05 pm by Jeff Richardson
  First, here is an interesting report from David Snow of Cult of Mac. [read post]