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27 Oct 2021, 9:01 pm by Neil H. Buchanan
The people who have enjoyed the free ride provided by the realization requirement are, however, unsurprisingly annoyed by the possibility that they might have to pay taxes like the little people do, so they are starting to complain.Even so, an excellent explainer in Tuesday’s New York Times ends with this: The problem may be in the Constitution, which gives Congress broad powers to impose taxes, but says “direct taxes”—a term without clear definition—should be… [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
The people who have enjoyed the free ride provided by the realization requirement are, however, unsurprisingly annoyed by the possibility that they might have to pay taxes like the little people do, so they are starting to complain.Even so, an excellent explainer in Tuesday’s New York Times ends with this: The problem may be in the Constitution, which gives Congress broad powers to impose taxes, but says “direct taxes”—a term without clear definition—should be… [read post]
29 Jun 2009, 5:05 pm
" Oliver Wendell Holmes, The Path of the Law, 10 HARV. [read post]
10 Oct 2009, 5:55 am
Milkborne disease outbreaks by Food category, United States, 1973-2005 (source: FTCLDF via CDC). [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  Will he lead the “transformation” that the United States desperately needs? [read post]
14 Apr 2020, 2:14 pm by Eugene Volokh
To turn to speech hostile to a group I belong to (Jews), when I talked about a rare recent group libel case, the Montana State v. [read post]
8 Jun 2022, 3:36 am by Philip Mousavizadeh
  DOMESTIC DEVELOPMENTS Voters in seven states weighed in on key contests in Tuesday’s primaries. [read post]
21 Feb 2018, 7:00 am by Robert Chesney, Danielle Citron
A century ago, Justice Oliver Wendell Holmes warned of the danger of falsely shouting fire in a crowded theater. [read post]
17 Sep 2015, 8:02 am
Il commence ainsi un duel judiciaire, dans lequel ce qui compte ne sont pas les faits, mais leur interprétation et lacapacité des deux avocats.Ce sera la justicequi gagnera ou bine l'habileté dans la manipulation des évènements? [read post]
27 Feb 2015, 9:36 am by Rebecca Tushnet
The fact that the media has latched on to that demonstrates how exceptional that is v. common fannish gift economies. [read post]
22 Jan 2016, 5:57 am by Guest Blogger
  Instead, the political branches were crucial fora in which most important constitutional conflicts and deliberations unfolded.Justice Holmes famously wrote that the Constitution “does not enact Mr. [read post]
28 Nov 2022, 11:48 am by William B. Gould IV
I don’t think that I began the Holmes-Laski Letters until my return to America in 1963. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]
8 Jan 2016, 3:54 am by SHG
President Obama’s bizarre reference to his having taught constitutional law, followed by his misstatement of Oliver Wendell Holmes’ abandoned analogy of “yelling fire in a crowed theater” from United States v. [read post]