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18 Dec 2018, 11:20 am by Neil Siegel
Supreme Court, Robert Cooter of UC Berkeley Law School and I developed a theory of Congress's taxing power that anticipated, and may have influenced, the Court's taxing power analysis in NFIB v. [read post]
18 Dec 2018, 10:09 am by Kevin Kaufman
The federal tax system is built on a poor intellectual foundation; it relies heavily on a definition of income developed by economists Robert Haig and Henry Simons almost a century ago.[3] The Haig-Simons definition is that income equals the sum of your consumption and your change in net worth; I = C + ΔNW. [read post]
18 Dec 2018, 9:16 am by Ken White
Some law professors' views on how a court is likely to rule on an issue are untainted by exposure to actual courts. [read post]
18 Dec 2018, 7:56 am by Howard Bashman
“States Ask Judge to Declare Health Law Still in Effect While Ruling Is Appealed”: Robert Pear has this article in today’s edition of The New York Times. [read post]
In that opinion, Chief Justice John Roberts wrote that the individual mandate could be upheld only as an exercise of Congress’s power to tax. [read post]
18 Dec 2018, 4:09 am by NCC Staff
He then offered the most-powerful rebuke of Korematsu at the Supreme Court since Robert Jackson, Owen Roberts, and Frank Murphy dissented in the original case. [read post]
17 Dec 2018, 5:27 pm by Howard Bashman
“Controversial ruling on health care law could face a skeptical Supreme Court — if it gets there”: Robert Barnes of The Washington Post has this report. [read post]
17 Dec 2018, 2:23 pm by ypark
Robert Bartlett quoted in HousingWire, November 20, 2018 Robert Bartlett, co-author of the study and professor at Berkeley Law, suggested there could be legal implications for lenders using these algorithms. [read post]
17 Dec 2018, 1:15 pm by Emily Everson
“There are countless, highly-qualified and experienced nursing aides who can’t work in New Jersey simply because of our outdated reciprocity rules. [read post]
17 Dec 2018, 11:54 am by Jeff Wurzburg (US)
In NFIB, Justice Roberts concluded that the ACA does not require an individual to purchase health insurance: Neither the Affordable Care Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS. [read post]
17 Dec 2018, 8:47 am by William Ford
Discussants will include Robert Daly, Meredith Oyen, J. [read post]
17 Dec 2018, 8:02 am by Andrew Hamm
Sanford found it unpleasant to impose punishment and to rule immediately upon the questions that arose during trial. [read post]
17 Dec 2018, 5:00 am by Eugene Volokh
The third guardrail likewise supports NFIB's rule against perpetual payments. [read post]
15 Dec 2018, 5:15 pm by Josh Blackman
Seventh, in 2012, we had no idea what the Roberts Court would do with the ACA. [read post]
15 Dec 2018, 2:16 pm by Howard Bashman
“Health Law Could Be Hard to Knock Down Despite Judge’s Ruling”: Jan Hoffman, Robert Pear, and Adam Liptak will have this article in Sunday’s edition of The New York Times. [read post]
15 Dec 2018, 7:41 am by Cynthia Marcotte Stamer
Sebelius (NFIB), 567 U.S. 519, 530–38 (2012) written by Chief Justice Roberts, the Supreme Court ruled that Congress could not rely upon the Commerce Clause for Constitutional authority to enact the ACA. [read post]
15 Dec 2018, 7:00 am by Mikhaila Fogel
Court of Appeals for the Ninth Circuit ruling on President Trump’s asylum ban. [read post]