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24 Jun 2016, 9:05 am by Amy Howe
” At Whatever Source Derived, Daniel Hemel and Michael Pollack weigh in on the Court’s recent decision in Encino Motorcars v. [read post]
10 Jun 2016, 9:40 am by Lisa Ouellette
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]
6 Jun 2016, 4:06 am by Paul Caron
Daniel Hemel (Chicago), Calories, Vitamin D, and Tax Rates: The FDA’s new nutritional labeling rules require manufacturers to make a number of changes to their packaging: they must print calorie content in larger font; they must disclose “added sugars”; and they must include Vitamin D and potassium on the list... [read post]
3 Jun 2016, 4:15 am by Paul Caron
Today's Law, Society, and Taxation panels at the 2016 Law & Society Association Annual Meeting in New Orleans (program here): Panel #6: Inequality Panel #7: International Tax Issues Panel #8: Retirement Panel #9: Theory and Jurisprudence Panel #6: Inequality (Toni Robinson (Quinnipiac), Chair/Discussant)) Daniel Hemel (Chicago), Taxation and House Price... [read post]
29 May 2016, 12:00 am by Smita Ghosh
”Writing for the same publication, Daniel Hemel reviews Taxing the Rich: A History of Fiscal Fairness in the United States and Europe, by Kenneth Scheve and David Stasavage, which argues that governments tax the rich “during and in the wake of mass mobilization for war” because wartime enables governments to make “compensatory arguments” about the need for sacrifice. [read post]
26 May 2016, 3:01 am by Paul Caron
Following up on last week's post: Daniel Hemel (Chicago), Taxation as Compensation (reviewing Kenneth F. [read post]
14 May 2016, 9:41 am by Paul Caron
Following up on Monday's post, Taxing Carried Interest As Ordinary Income Through Executive Action: Daniel Hemel (Chicago), The President’s Power To Tax Doesn’t Stop at Carried Interest: No one can predict with complete confidence whether a court would uphold as-yet-unwritten Treasury regulations addressing carried interest, but I agree with Morgenson... [read post]
4 May 2016, 12:30 pm by Paul Caron
Daniel Hemel (Chicago), The President's Power to Tax, 102 Cornell L. [read post]
11 Apr 2016, 10:30 am by Paul Caron
Daniel Hemel (Chicago), The Vanguard Case Reconsidered, 150 Tax Notes 1466 (Mar. 21, 2016): Recent news reports have suggested that the Vanguard Group family of mutual funds may need to quadruple investors’ fees to cover corporate income tax liabilities. [read post]
4 Apr 2016, 9:31 am by Lisa Larrimore Ouellette
For example, he compares patent law with the other legal institutions that Daniel Hemel and I discuss in Beyond the Patents–Prizes Debate, and he reaches the same conclusion we do: each institution has limitations, and "the patent system works best in conjunction with other institutions. [read post]
30 Mar 2016, 11:34 am by Andrew Hamm
Commentary comes from Jason Ritchie at The National Law Review, Trevor Burrus at Cato at Liberty, Michael Doyle at McClatchy, Greg Sargent at The Washington Post, Adam Feldman at Empirical SCOTUS, Daniel Hemel and David Louk at Medium, and Matthew Watkins and Neena Satija at The Texas Tribune. [read post]
24 Mar 2016, 9:17 am by Lisa Larrimore Ouellette
I've followed the international exhaustion issue closely: see prior posts summarizing an essay I wrote with Daniel Hemel, the Fed. [read post]
22 Mar 2016, 7:45 am by Dennis Crouch
Lexmark cert petition (no appendix) Decision: Federal Circuit en Banc decision Daniel Hemel and Lisa Larrimore Oulette, Will the Federal Circuit Recognize the U.S. [read post]
16 Feb 2016, 10:27 am by Andrew Hamm
” 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]
26 Jan 2016, 6:10 am by Amy Howe
” At the Yale Journal on Regulation’s Notice and Comment, Daniel Hemel discusses United States v. [read post]
22 Jan 2016, 3:22 pm by Daniel Hemel
Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. [read post]
22 Jan 2016, 3:22 pm by Daniel Hemel
Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. [read post]
22 Jan 2016, 3:22 pm by Daniel Hemel
Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. [read post]
19 Jan 2016, 11:30 am by Paul Caron
Daniel Hemel (Chicago), What’s the Matter with Luxembourg? [read post]