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

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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:

Department of Revenue of Kentucky v. Davis

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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.

The False Modesty of Department of Revenue V. Davis

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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.

Can Discriminatory State Taxation of Municipal Bonds Be Justified?

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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.

The Constitution of the United States of America Analysis and Interpretation, June 26, 2008, 110-2 Senate Document No. 110-17, *

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Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Constitution of the United States of America Analysis and Interpretation, June 26, 2008, 110-2 Senate Document No. 110-17, * by :

Download or read book The Constitution of the United States of America Analysis and Interpretation, June 26, 2008, 110-2 Senate Document No. 110-17, * written by and published by . This book was released on 2009 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

From International to Federal Market

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Publisher : Oxford University Press
ISBN 13 : 0198803370
Total Pages : 385 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis From International to Federal Market by : Robert Schütze

Download or read book From International to Federal Market written by Robert Schütze and published by Oxford University Press. This book was released on 2017 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the different market types that shape the European Union's internal market? Sch tze proposes three models that assist in explaining the transitions in the structure of the EU internal market. The international model demands that each state limits its external sovereignty, while retaining internal sovereignty over its national market. The federal model declares that within a "common market" states must lose a part of their internal sovereignty, and in accordance with the principle of "home state" control, goods are entitled to be sold freely on a "foreign" market in compliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed. Sch tze's book analyses the changing structure of European law in relation to the European internal market. The General Part starts out by offering a historical analysis of the relationship between international law and market coordination up to the twentieth century but also provides an in-depth analysis of the constitutional principles which controlled the "integration" of the US "common market". The Special Part then specifically addresses the decline of the international model in relation to the EU internal market and the corresponding rise of a federal market philosophy after Cassis de Dijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters. This is the second volume in Sch tze's trilogy on the "Changing Structure of European Law". Exploring the changing structure of negative integration in the past 60 years, the book complements his previous volume "From Dual to Cooperative Federalism" which analysed the evolving structure of positive integration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.

Constitutional Law for a Changing America

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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.

Comparative Constitutional History

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Publisher : BRILL
ISBN 13 : 9004523731
Total Pages : 392 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Comparative Constitutional History by : Francesco Biagi

Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2022-12-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.

Constitutional Law in the United States

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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.

Constitutional Landmarks

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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.

Federalism

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440829969
Total Pages : 332 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Federalism by : Vicki C. Jackson

Download or read book Federalism written by Vicki C. Jackson and published by Bloomsbury Publishing USA. This book was released on 2013-09-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.

Examples & Explanations for Federal Income Tax

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Publisher : Aspen Publishing
ISBN 13 : 1543807011
Total Pages : 496 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Examples & Explanations for Federal Income Tax by : Katherine Pratt

Download or read book Examples & Explanations for Federal Income Tax written by Katherine Pratt and published by Aspen Publishing. This book was released on 2019-01-10 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Constitutional Law

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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

Examples & Explanations for Constitutional Law

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Publisher : Aspen Publishing
ISBN 13 : 1543805949
Total Pages : 496 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Examples & Explanations for Constitutional Law by : Christopher N. May

Download or read book Examples & Explanations for Constitutional Law written by Christopher N. May and published by Aspen Publishing. This book was released on 2019-01-14 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations: Constitutional Law: National Power and Federalism features straightforward, informal text that is never simplistic. Its unique, time-tested Examples & Explanations pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions. A problem-oriented guide, it takes students through the principal doctrines of constitutional law covered in a typical course. The unique, time-tested Examples & Explanations series is invaluable for students learning the subject from the first day of class until the last review before the final exam. Each guide: Presents relevant case law in a conversational style laced with humor Provides hypotheticals similar to those presented in class Helps students learn new material by working through chapters that explain each topic in simple language Provides valuable opportunity to study for the final exam by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis Works with all the major casebooks and suits any class on a given topic Remains a favorite among law school students and is often recommended by professors New to the Eighth Edition: Updated examples and explanations Roughly 25 important new decisions from the Supreme Court’s 2016, 2017, and 2018 terms such as Trump v. Hawaii; South Dakota v. Wayfair, Inc.; Sessions v. Morales-Santana; Minnesota Voters Alliance v. Mansky; Murphy v. NCAA; Patchak v. Zinke; Trinity Lutheran Church of Columbia, Inc. v. Comer

American Constitutional Law

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Publisher : Taylor & Francis
ISBN 13 : 1040116620
Total Pages : 1274 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis American Constitutional Law by : Donald Grier Stephenson Jr.

Download or read book American Constitutional Law written by Donald Grier Stephenson Jr. and published by Taylor & Francis. This book was released on 2024-10-01 with total page 1274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. NEW TO THE 19th EDITION • An account of the recent Supreme Court transitions, including the Biden Court commission, the appointment of Ketanji Brown Jackson, and the heightened political and ethical difficulties facing the Court. • Five new cases carefully edited and excerpted, including Minor v. Happersett (1875) on gender and voting rights, Trump v. Anderson (2024) on access to the ballot, Carson v. Makin (2022) on religious freedom, New York Rifle & Pistol Assn. v. Bruen (2023) on Second Amendment rights, Dobbs v. Jackson Women’s Health Organization (2023) on abortion rights, and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, together with Students for Fair Admissions, Inc. v. University of North Carolina on affirmative action. • Twenty-one new cases discussed in chapter essays. • Tips on reading a Supreme Court decision remains as a box in Chapter One.

Assessing the George W. Bush Presidency

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Publisher : Edinburgh University Press
ISBN 13 : 0748631496
Total Pages : 304 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Assessing the George W. Bush Presidency by : Andrew Wroe

Download or read book Assessing the George W. Bush Presidency written by Andrew Wroe and published by Edinburgh University Press. This book was released on 2009-11-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique assessment of the presidency of George W. Bush reviews the successes and failures of his first and second terms.

U.S. Master Multistate Corporate Tax Guide

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Publisher : CCH
ISBN 13 : 9780808019220
Total Pages : 1764 pages
Book Rating : 4.0/5 (192 download)

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Book Synopsis U.S. Master Multistate Corporate Tax Guide by : CCH TAX Editors

Download or read book U.S. Master Multistate Corporate Tax Guide written by CCH TAX Editors and published by CCH. This book was released on 2008 with total page 1764 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable resource for professionals who work with multiple state tax jurisdictions, this reference offers return preparation guidance for use by taxpayers subject to corporate income or income-based taxes in more than one state.