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8 Jan 2021, 7:25 am
Daniel Hemel: Apropos of nothing in particular: A paper on what exactly a Senate majority can & can’t do tax-wise w/50 but not 60 votes . . . . cc @EllenAprill [New paper w/@EllenAprill: How the Byrd rule has evolved from an obscure Senate procedural provision into a central feature of the federal tax legislative process — & how it has shaped the substance & form of federal tax law. [read post]
16 Feb 2016, 10:27 am
” At Slate, Robert Smith characterizes Scalia as “often a friend of criminal defendants,” while at Medium, Daniel Hemel analyzes recent claims about Scalia’s more “liberal” areas of jurisprudence and argues that by “exaggerating the extent to which his method mattered, we fail to appreciate the extent to which Scalia himself mattered. [read post]
27 Feb 2020, 3:40 am
Daniel Hemel has this blog’s analysis of Tuesday’s opinion in Rodriguez v. [read post]
26 Nov 2017, 8:23 pm
Adam White and Daniel Hemel are inclined to think the White House has the stronger hand. [read post]
21 Feb 2019, 4:20 am
Daniel Hemel analyzes the opinion for this blog. [read post]
18 Oct 2018, 4:12 am
Focusing on the nearer future, Daniel Hemel points out at Take Care that “Roberts Court doctrines regarding the Commerce Clause, compelled speech, commercial speech, RFRA, federalism, and agency deference don’t always tilt toward the right. [read post]
24 May 2018, 4:11 am
” Additional commentary comes from Orly Lobel at PrawfsBlawg, Damon Root at Reason’s Hit & Run blog, Mark Joseph Stern at Slate, Daniel Hemel, also at Slate, Ian Millhiser at ThinkProgress, and Noah Feldman in an op-ed for Bloomberg, who writes that “[s]een in terms of jurisprudence, the decision reflected a serious philosophical difference between the two wings of the court[:] The conservatives insisted on a literalist, original-intent reading of the… [read post]
9 Mar 2018, 12:54 pm
To give one example, in their recent article, Bayh-Dole Without Borders, Lisa Larrimore Ouellette and Daniel Hemel observe that an under-appreciated feature of making federal funding for research work as an economic policy is ensuring that U.S. companies are able to protect the results of that federally-funded research abroad. [read post]
28 Feb 2018, 7:17 am
Daniel Hemel had a great post introducing this issue last month, but I think that it is worth adding another dimension to the analysis. [read post]
2 Aug 2018, 9:01 pm
That is most definitely not what is happening here.Two tax law professors, Daniel Hemel and David Kamin, wrote a fantastic paper earlier this year in response to early rumblings that Treasury might try to index Section 1012 unilaterally. [read post]
23 Apr 2018, 4:26 am
In an op-ed for The Washington Post, Daniel Hemel weighs in on the case, hoping that “by the end of Tuesday’s oral argument, it was clear to the justices that they can’t rely on Congress or on Amazon to solve the problem,” and that “[p]assing the buck here will cause states and localities to lose billions of dollars more in sales tax revenue. [read post]
17 Apr 2018, 4:19 am
” Daniel Hemel has this blog’s analysis of yesterday’s argument in Wisconsin Central Ltd.v. [read post]
18 May 2018, 9:24 am
Professor Daniel Hemel of the University of Chicago Law School, who has defended the viability of New York’s other SALT cap workarounds (conclusions with which this author disagrees), has questioned whether the entity-level tax approach would succeed. [read post]
11 Dec 2017, 1:02 pm
(Daniel Hemel wrote a nice piece about this aspect of the case here.) [read post]
31 May 2017, 4:59 am
” At Written Description, Daniel Hemel and Lisa Ouellette observe that the opinion “opens the door for creative contract lawyers to draft licensing agreements that severely restrict resale of patented products” and that its impact “will depend on how courts view the newfangled licensing agreements that are almost certain to follow. [read post]
6 Jun 2018, 9:00 am
Professors Daniel Hemel and Eric Posner posited that “[i]f the president would have taken the challenged action for national security reasons or in executing his responsibility to take care that the laws are faithfully executed, then that fact should immunize him from obstruction liability,” even if other, improper motives are provable. [read post]
6 Apr 2018, 9:30 am
Hemel, The Living Anti-Injunction Act, 104 Va. [read post]
12 Jan 2019, 4:52 am
In response to Jack Goldsmith’s qualified defense of William Barr’s memo to the Justice Department criticizing the special counsel’s investigation into whether the president obstructed justice, Daniel Hemel and Eric Posner explained why they continue to believe Barr’s arguments are radical and wrong. [read post]
10 Jun 2016, 9:40 am
Daniel Hemel and I have compared the cost-based reward of R&D tax credits with the typical patent reward (in a paper Ted has generously reviewed), and it seems worth thinking more about whether and when it makes sense to move this cost-based reward into the patent system.Drew Amerson & Robin Feldman, Gatekeeping Trends in Reasonable Royalty Cases – This paper surveys Daubert decisions involving reasonable royalty determinations from Jan. 1, 2008 to May 31, 2016, and… [read post]
7 Mar 2017, 7:57 am
We will resume on Monday, March 20 with Daniel Hemel's The Federalist Safeguards of Progressive Taxation. [read post]
