Department Of Revenue Of Kentucky V Davis

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Department of Revenue of Kentucky v. Davis

Author : Joel Michael
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Department of Revenue of Kentucky v. Davis by : Joel Michael

Download or read book Department of Revenue of Kentucky v. Davis written by Joel Michael and published by . This book was released on 2007 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses various implications of Department of Revenue of Kentucky v. Davis, the case pending in the Supreme Court challenging the common state practice of exempting interest on in-state municipal bonds from income taxation, while taxing the interest on out-of-state bonds.A decision for the taxpayers in Davis would transform the municipal bond market from a series of localized markets into a national market. This likely would have long-run benefits for both investors and state and local governments. State tax exemptions are not a cost-effective way for states to reduce borrowing costs. Replacing large numbers of single states municipal bond mutual funds with fewer and larger national funds should reduce costs and provide diversification benefits for investors. However, the short-run effects for state budgets are likely to be disruptive, as states must pay refunds and adjust their tax policies.Davis will present the Supreme Court with an opportunity to delineate the new government entity exemption under the dormant Commerce Clause doctrine that it created in the United Haulers case. The fact that many municipal bonds are issued to directly benefit private businesses, other entities, and individuals (not governmental entities) may create the opportunity for the Court to clarify the scope of United Haulers' government entity exemption.Finally, the report points out that the decision in Davis could indirectly affect several justices' state tax liabilities. In 2005, five justices had substantial municipal bond holdings, some in individual bonds or single-state mutual funds and others in national mutual funds. Both Maryland and Virginia have tax policies that parallel's Kentucky's.

Department of Revenue of Kentucky V. Davis (2008).

Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 634 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Department of Revenue of Kentucky V. Davis (2008). by : United States. Supreme Court

Download or read book Department of Revenue of Kentucky V. Davis (2008). written by United States. Supreme Court and published by . This book was released on 2008 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The False Modesty of Department of Revenue V. Davis

Author : Edward A. Zelinsky
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The False Modesty of Department of Revenue V. Davis by : Edward A. Zelinsky

Download or read book The False Modesty of Department of Revenue V. Davis written by Edward A. Zelinsky and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Department of Revenue v. Davis, the United States Supreme Court held that the Kentucky income tax statute and, by extension, other states' similar laws do not discriminate for purposes of the dormant Commerce Clause. By explicitly deferring to established practices and expectations, Davis is, at first blush, the kind of modest, pragmatic decision advocated today by many, including, most prominently, Chief Justice Roberts. However, on a second look, Davis has broad implications. Indeed, Davis disrupts the Court's preexisting dormant Commerce Clause doctrine by confirming the Roberts Court's use of the "traditional public function" category to immunize government activity from dormant Commerce Clause scrutiny. Over two decades ago, in Garcia v. San Antonio Metropolitan Transit Authority, the Supreme Court rejected for Commerce Clause purposes the "traditional public function" doctrine as unworkable. The Garcia Court's criticism remains persuasive today: There is no principled basis for determining when a government function is old enough to be "traditional" or "public" enough to be public. Every government activity is traditional or becomes so. Given the breadth (indeed, the indeterminacy) of the "traditional public function" category, that category, as affirmed in Davis, encompasses and gives dormant Commerce Clause protection to all governmental activities including tax-based subsidies the Court has previously stricken as impermissibly discriminating under the dormant Commerce Clause. As these previously stricken activities constitute "traditional public functions," Davis logically protects them from dormant Commerce Clause scrutiny.

Defending Competitive Neutrality Before the Supreme Court

Author : Joseph Henchman
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (241 download)

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Book Synopsis Defending Competitive Neutrality Before the Supreme Court by : Joseph Henchman

Download or read book Defending Competitive Neutrality Before the Supreme Court written by Joseph Henchman and published by . This book was released on 2007 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Defending Competitive Neutrality Before the Supreme Court

Author : Joseph Henchman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (241 download)

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Book Synopsis Defending Competitive Neutrality Before the Supreme Court by : Joseph Henchman

Download or read book Defending Competitive Neutrality Before the Supreme Court written by Joseph Henchman and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Competitive Neutrality Before the Supreme Court

Author : Bailey
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (112 download)

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Book Synopsis Protecting Competitive Neutrality Before the Supreme Court by : Bailey

Download or read book Protecting Competitive Neutrality Before the Supreme Court written by Bailey and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

In the Supreme Court of the United States, Department of Revenue of Kentucky, Et Al., Petitioners, V. George W. Davis, Et Ux., Respondents

Author : Chris Atkins
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (127 download)

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Book Synopsis In the Supreme Court of the United States, Department of Revenue of Kentucky, Et Al., Petitioners, V. George W. Davis, Et Ux., Respondents by : Chris Atkins

Download or read book In the Supreme Court of the United States, Department of Revenue of Kentucky, Et Al., Petitioners, V. George W. Davis, Et Ux., Respondents written by Chris Atkins and published by . This book was released on 2007 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Can Discriminatory State Taxation of Municipal Bonds Be Justified?

Author : Brian D. Galle
Publisher :
ISBN 13 :
Total Pages : 7 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Can Discriminatory State Taxation of Municipal Bonds Be Justified? by : Brian D. Galle

Download or read book Can Discriminatory State Taxation of Municipal Bonds Be Justified? written by Brian D. Galle and published by . This book was released on 2010 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Report continues our analysis of Department of Revenue of Kentucky v. Davis, a case argued in the 2007-2008 Supreme Court term. The issue in Davis is the constitutionality of Kentucky's practice (shared by all other states with an income tax) of taxing interest on federally-exempt bonds issued outside Kentucky while exempting its own municipal bonds from taxation. In this installment we evaluate skeptically a number of possible state interests that might be offered to justify that practice. For example, we point out that Kentucky's assertion that the policy conserves state revenue is wrong. We also argue that, if the goal is to transfer revenues from the state to local governments, then exemption is inferior to direct grants.

Constitutional Law in the United States

Author : Robert A. Sedler
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190589
Total Pages : 219 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Constitutional Law in the United States by : Robert A. Sedler

Download or read book Constitutional Law in the United States written by Robert A. Sedler and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Official Reports of the Supreme Court

Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Official Reports of the Supreme Court by : United States. Supreme Court

Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 2008-04 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Confirmation Hearings on Federal Appointments

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 1430 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Confirmation Hearings on Federal Appointments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Confirmation Hearings on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2011 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Constitutional Law

Author : Calvin R. Massey
Publisher : Aspen Publishing
ISBN 13 : 1543856446
Total Pages : 1616 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis American Constitutional Law by : Calvin R. Massey

Download or read book American Constitutional Law written by Calvin R. Massey and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. American Constitutional Law: Powers and Liberties provides a broad survey of the field without overwhelming students. The basics of constitutional theory are presented without getting mired in highly theoretical discussions, and cases are tightly edited to focus on the most important aspects, with additional cases on select topics condensed into narrative summaries. This book focuses on cases and expository text rather than extensive academic commentary, and the introductory text provides direction to students as they read and analyze the materials that follow. Additionally, challenging hypotheticals are provided throughout the text for use as student self-assessments or to launch stimulating class discussions. This highly teachable book can be used for a one- or two-semester course and is easily adaptable to suit each professor’s preferences. ?New to the 7th Edition: Updated through the Supreme Court’s 2021–2022 Term Summarizes or omits older or outdated cases to reduce length New questions and problems for added cases to promote self-assessment Benefits for instructors and students: Easily adaptable to a one- or two-semester course “Just-right” editing of major cases, with less important cases summarized in notes or narrative summary Even-handed presentation of cases so adopters don’t have to “teach against” the text Narrative introductions provide students with context and organizational structure Ideologically neutral tone appeals to professors occupying various points on an ideological spectrum Supplemented annually

Constitutional Law for a Changing America

Author : Lee Epstein
Publisher : CQ Press
ISBN 13 : 154431793X
Total Pages : 785 pages
Book Rating : 4.5/5 (443 download)

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Book Synopsis Constitutional Law for a Changing America by : Lee Epstein

Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2019-01-09 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process, Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. The Tenth Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.

Constitutional Law

Author : Geoffrey R. Stone
Publisher : Aspen Publishing
ISBN 13 : 1543838529
Total Pages : 2493 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Constitutional Law by : Geoffrey R. Stone

Download or read book Constitutional Law written by Geoffrey R. Stone and published by Aspen Publishing. This book was released on 2023-02-15 with total page 2493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law, Ninth Edition by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman guides students through all facets of constitutional law, exploring traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Constitutional Law, Ninth Editiontakes a comprehensive approach to the way in which constitutional law arises. It offers instructors carefully edited cases and rich, interdisciplinary material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism; the second part addresses all facets of individual rights and liberties. Constitutional Law, Ninth Edition, also provides thoughtfully selected content on the First Amendment, to give students a well-rounded understanding of religion and free speech issues. New to the Ninth Edition: Extensively revised treatment of the Religion Clauses. Revamped material on abortion rights given Dobbs v. Jackson Women’s Health Organization. More focused and tightened presentation of judicial review, federalism, and other areas. Professors and students will benefit from: The text’s attention to policy, including discussion of competing critical and social perspectives. An interdisciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly edited cases, that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence. A comprehensive coverage that is ideal for a two-semester course.

United States Reports

Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1150 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis United States Reports by : United States. Supreme Court

Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2012 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Law

Author : Martin Levy
Publisher : Aspen Publishing
ISBN 13 : 1543857698
Total Pages : 1530 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Constitutional Law by : Martin Levy

Download or read book Constitutional Law written by Martin Levy and published by Aspen Publishing. This book was released on 2022-12-01 with total page 1530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Cases and Materials, Third Editionis structured for a three- to five-hour introductory course in Constitutional Law. Coverage includes a review of the power of the three coordinate branches of the federal government with particular emphasis on the Federal and Supreme Courts. Constitutional Law: Cases and Materialsemphasizes Individual Rights and includes Application of the Bill of Rights and the fundamental rights to Due Process, both substantive and procedural, as well as Equal Protection. First Amendment issues are not included: this casebook is meant for use in programs that offer separate First Amendment course. Professors and students will benefit from: Strong emphasis on civil rights and the Fourteenth Amendment including more extensive coverage of slavery, segregation, and civil rights and a very “realist view” of the role the Supreme Court has played from slavery to present. Structuring of Article III jurisdictional requirements as they are affected by a given subject matter in relation to how the judicial power should be applied in a democratic society. Beginning with a “mini course” in Supreme Court decision making and using the controversy generated by the “privacy and abortion cases” to show how actual case law is affected by the “weak origins” of judicial review and the conflict?in?the need to limit?governmental power (the Constitution as fundamental law) by a non-elected Court in a democratic society. Allowing students to understand how the substantive contemporary controversies in the subject matter affect how the Court applies the judicial power. ? Preparing the student to understand how the use of the case and controversy requirements in Article III are applied to restrain the judicial power and bow to the democratic process, as exemplified by the “historic” privacy cases. Providing the students exposure to some of the classic articles dealing with these issues in order to benefit their understanding of the subject matter. New to the Third Edition: The authors have updated material and included information on new developments in: The Pre-emption Doctrine The Civil Rights Act of 1964 Federalism Presidential Power (including the Unitary Executive Theory) Post Shelby v. Holder Voting Rights Redistricting Second Amendment right to bear arms Abortion Rights

Constitutional Landmarks

Author : Charles M. Lamb
Publisher : Springer Nature
ISBN 13 : 3030555755
Total Pages : 296 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Constitutional Landmarks by : Charles M. Lamb

Download or read book Constitutional Landmarks written by Charles M. Lamb and published by Springer Nature. This book was released on 2020-12-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.