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9 Jan 2019, 9:01 pm by Neil H. Buchanan
The 2017 tax law made the first $22 million of an estate tax free, so (also because of generous trust rules) only a tiny fraction of estates is ever taxed either as income or upon death.Is it Constitutional to Tax the Rich by Taxing Unrealized Income? [read post]
9 Jan 2019, 2:33 pm by Richard M. Re
And the court has relied on similar intuitions when ruling in favor of state sovereign immunity. [read post]
9 Jan 2019, 1:54 pm by Mark Walsh
Hall, a 1979 Supreme Court ruling that said a state could be haled into another state’s courts without its consent, should be overruled. [read post]
9 Jan 2019, 1:39 pm by Robert Liles
Texas Prosecutors are Aggressively Targeting Criminal Home Health Fraud (January 9, 2019):  Despite real progress being made with respect to regulatory compliance, home health agencies, their owners, and affiliated health care professionals (such as referring / supervising physicians, therapists and staff) remain under strict government scrutiny. [read post]
9 Jan 2019, 12:30 pm
Barr himself has held the legal position that Americans do not have a Fourth Amendment-protected privacy interest in data held by third parties — a view that the Supreme Court declined to adopt in last year’s pro-privacy ruling about cellphone location tracking by police. [read post]
9 Jan 2019, 12:02 pm by Cynthia Marcotte Stamer
The Board also applies, so far as practicable, the Federal Rules of Evidence (FRE), and frequently seeks guidance from the Federal Rules of Civil Procedure (FRCP). [read post]
9 Jan 2019, 7:42 am by Gregory Ablavsky
In the 1999 decision, the court effectively repudiated a century-old ruling called Ward v. [read post]
9 Jan 2019, 7:14 am by Jessica Litman
Chief Justice John Roberts pointed out that the copyright statute confers additional benefits in connection with copyrights that are registered. [read post]
9 Jan 2019, 7:02 am by Stewart Baker
Then we draw on our guests’ expertise in counterintelligence prosecutions to review the APT10 indictment – and the claim by Jack Goldsmith and Robert Williams that the strategy is a failure. [read post]
8 Jan 2019, 3:50 pm by Lyle Denniston
 The probe may be related to Special Counsel Robert Mueller’s investigation of Russian interference in the 2016 presidential election. [read post]
8 Jan 2019, 2:16 pm by Stewart Baker
Then we draw on our guests' expertise in counterintelligence prosecutions to review the APT10 indictment – and the claim by Jack Goldsmith and Robert Williams that the strategy is a failure. [read post]
8 Jan 2019, 1:00 pm by Amy Howe
There were no recorded dissents from the order, and no explanation for the ruling. [read post]
8 Jan 2019, 12:07 pm by Steve Lubet
”  Finally, Roberts noted that “no compilation of ethical rules can guarantee integrity. [read post]
8 Jan 2019, 12:04 pm by Amy Howe
The order indicated only that Chief Justice John Roberts, who handles emergency appeals from the geographic area that includes Virginia, had referred the request to the full court, which is a common practice in these circumstances, and that the request was denied. [read post]
8 Jan 2019, 7:00 am by Daniel J. Hemel, Eric A. Posner
None of these cases endorse the “magic words” version of the “express application” rule. [read post]