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11 Jul 2022, 4:43 am
Citing to the firm’s tax filings and prior admissions from Capizzi in a FAFSA application that he was a 20% partner, the Court held that Capizzi possessed a 20% equity interest in the Disputed Files, not a 33.33% interest. [read post]
9 Jul 2022, 6:11 am
“To ensure that the State has not exercised its power to classify arbitrarily, this court [applies] judicial review [via rational basis test]….Under the rational basis test, a statutory classification need only bear a rational relationship to a legitimate State goal. [read post]
8 Jul 2022, 4:00 am
Republican States Are Trying to Use Federal Covid Aid to Cut Taxes MSN – Tony Romm (Washington Post) | Published: 7/5/2022 More than a year after Congress approved a $1.9 trillion coronavirus relief package, Republicans in nearly two dozen states have increased efforts to tap some of those funds for an unrelated purpose: paying for tax cuts. [read post]
7 Jul 2022, 9:00 am
The worst judicial hackwork can have the (very inadequate) side benefit of generating brilliant scholarly criticism.Tomorrow, I will discuss an implication of the Court's no-longer-even-plausibly-deniable embrace of theocracy (more accurately: Christian nationalism) in the context of "state support" of abortion through various employment and tax laws. [read post]
1 Jul 2022, 12:30 pm
Family owes $1.2k in property taxes on their home but can't afford to pay. [read post]
26 Jun 2022, 12:28 am
Note that I write this post during the public hearings for the January 6th Commission, which is faithfully documenting an attempted coup of the United States government that would not have been possible without a rampant populist fervor that continues to this day. [read post]
25 Jun 2022, 6:58 am
A right not to be taxed for welfare or social security. [read post]
23 Jun 2022, 11:16 am
Stated differently, “[a]pplication of the equities . . . [read post]
22 Jun 2022, 12:30 pm
The district court denied class certification, and the Sixth Circuit affirmed. [read post]
22 Jun 2022, 4:59 am
Or as Justice Sotomayor put the point in her dissent yesterday, "the Court leads us to a place where separation of church and state becomes a constitutional violation. [read post]
20 Jun 2022, 5:01 am
From Judicial Decisions. [read post]
17 Jun 2022, 9:07 pm
Matter of DCH Auto v Town of Mamaroneck 2022 NY Slip Op 03929 Decided on June 16, 2022 Court of Appeals Wilson Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
17 Jun 2022, 9:07 pm
Matter of DCH Auto v Town of Mamaroneck 2022 NY Slip Op 03929 Decided on June 16, 2022 Court of Appeals Wilson Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
17 Jun 2022, 10:57 am
While the Court did not overrule Bivens, it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity. [read post]
17 Jun 2022, 4:00 am
State Supreme Courts: Bottom of the ballot but top concern if Roe falls Yahoo News – Megan Messerly (Politico) | Published: 6/13/2022 State courts are likely to be flooded with litigation that could require them to rule on access to abortion, or even contraception and fertility treatments, should the U.S. [read post]
17 Jun 2022, 3:49 am
“This constitutional right is essential to protect against the tyranny of government and the police state. [read post]
15 Jun 2022, 4:49 am
EPA Court had explained that sovereign states are entitled to special solicitude under the standing doctrine. [read post]
14 Jun 2022, 11:20 pm
The United States Court of Appeals for the Ninth Circuit has granted Apple an extension until July 15 for its final brief, which in formal terms is only supposed to reinforce Apple's appeal of Epic's consolation prize from the district court (an injunction under California Unfair Competition Law) but which Apple will try to use in order to make some final points even on the more important issues in the case.There are two reasons for which Epic lost (apart from… [read post]
13 Jun 2022, 9:01 pm
It “contributes to the actual and perceived integrity of the judicial process. [read post]
13 Jun 2022, 4:17 am
It also protects the bureaucrat who declines to include a religious school in the state's tax credit policy based on a fair reading of a state constitutional rule that is later found by the U.S. [read post]
