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Author : Gerald A. Kafka
Publisher :
ISBN 13 :
Total Pages : 1194 pages
Book Rating : 4.F/5 ( download)
Download or read book Litigation of Federal Civil Tax Controversies written by Gerald A. Kafka and published by . This book was released on 1997 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ronald J. Bacigal
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.4/5 (91 download)
Download or read book The Limits of Litigation written by Ronald J. Bacigal and published by . This book was released on 1990 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one participant in the litigation noted, the controversy surrounding the Dalkon Shield constitutes the "largest product liability medical malpractice group of cases in 20th century America." This volume brings together the many complex facts of the Dalkon Shield story and the decade of litigation into a manageable, readable format. At the same time, Bacigal considers the role that a trial judge plays in such complex litigation. The traditional notion of detached and neutral judges seems inappropriate in resolving a legal dispute that involved hundreds of thousands of victims in a common disaster. The judicial roles played by Judge Lord and Judge Merhige have received both considerable praise and criticism from legal scholars and the general public. This volume goes beyond existing volumes dealing with the Dalkon Shield cases because it includes the bankruptcy proceedings. By "completing the story," Bacigal provides an overview of the controversy from the creation of the shield through the completion of the litigation, thus evaluating the legal and pragmatic difficulties encountered in utilizing bankruptcy as a means of resolving mass tort litigation.
Author : Susan A. Berson
Publisher : Law Journal Press
ISBN 13 : 9781588521019
Total Pages : 1108 pages
Book Rating : 4.5/5 (21 download)
Download or read book Federal Tax Litigation written by Susan A. Berson and published by Law Journal Press. This book was released on 2001 with total page 1108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law book offers an insider's perspective on both the legal issues and practical considerations involved in handling a federal tax controversy.
Author : Leandra Lederman
Publisher : LexisNexis/Matthew Bender
ISBN 13 : 9781422422632
Total Pages : 0 pages
Book Rating : 4.4/5 (226 download)
Download or read book Tax Controversies written by Leandra Lederman and published by LexisNexis/Matthew Bender. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To access the 2015-16 Supplement to this text, click here. To access the 2016 Letter Update to the Supplement, click here. This casebook teaches the mechanics of tax procedure, while stimulating students to think about the broader issues that underlie its structural framework. This edition of Tax Controversies: Practice and Procedure begins with an overview of civil tax procedure and an in-depth discussion of the federal tax gap and the many approaches to closing it. Several of the next chapters focus on stages in the chronology of a typical tax controversy, from examination through eventual litigation. In addition, two chapters focus on tax research and representing tax clients and a new chapter addresses ethics issues in tax cases. An underlying theme - the extent to which the current procedural rules encourage or discourage voluntary compliance with the federal tax system--runs throughout the book. Suitable for J.D. or LL.M. students, or for use in a tax clinic. This edition contains new chapters on summons enforcement, the U.S. Tax Court, the collection due process procedures, "innocent spouse" relief, and ethics issues. Each casebook chapter includes theory questions and a set of fact-based problems to encourage strategic thinking. Several chapters include optional drafting problems. Teacher's Manual provides detailed answers to the problem sets, suggests approaches to the material, and highlights topics more suitable for an advanced course. Separate Documents Volume, Tax Controversies: Statutes, Regulations, and Other Materials, is also available.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Sean M. Akins
Publisher : American Bar Association Tax Section
ISBN 13 : 9781639050123
Total Pages : 0 pages
Book Rating : 4.0/5 (51 download)
Download or read book Litigating a Case in Tax Court written by Sean M. Akins and published by American Bar Association Tax Section. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to cover every aspect of a United States Tax Court case from start to finish, Litigating a Case in Tax Court provides detailed guidance and tips on the Tax Court process in an easy-to-read and easy-to-use paper format with an online portal for accessing many sample documents that practitioners can use.
Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 324 pages
Book Rating : 4.4/5 (35 download)
Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author : Pagone
Publisher :
ISBN 13 : 9781760021689
Total Pages : pages
Book Rating : 4.0/5 (216 download)
Download or read book Tax Litigation in Australia written by Pagone and published by . This book was released on 2018-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a guide to tax disputes in Australia. It explains the process of tax objections and appeals, and the limitations to collateral challenges. Separate chapters consider the rules applicable to tax disputes brought in the Federal Court and in the Administrative Appeals Tribunal, and ancillary issues of discovery and access to information. The book aims also to provide helpful assistance to the practitioner and to students in the preparation of submissions, persuasive advocacy and the provision to courts and tribunals of useful expert evidence in support of disputed positions.
Author : Ernest R. Bartley
Publisher : University of Texas Press
ISBN 13 : 0292780273
Total Pages : 330 pages
Book Rating : 4.2/5 (927 download)
Download or read book The Tidelands Oil Controversy written by Ernest R. Bartley and published by University of Texas Press. This book was released on 1953-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is not written from the narrow perspective of “Who gets the oil?” It is a thoughtful probing of an issue—the ownership and control of the submerged soils of the marginal sea—the outcome of which may go far to determine the division of powers between states and nation under the American federal system. American constitutional law, international law, theory of federalism, American politics, the machinations of pressure groups, use of propaganda techniques, and issues of social and economic policy—all these features of American government and many more are inherent in the controversy. In 1947, in a precedent-making decision, the Supreme Court enunciated the principle that the federal government, not the states, has “paramount rights in and power over” the marginal seas which border the coastal states, and has “full dominion over the resources under that water area, including oil.” For more than 150 years the littoral states had exercised uncontested jurisdiction and ownership over the marginal-sea area, subject only to the powers specifically granted to the national government by the Constitution. The states had regulated the fisheries within the three-mile limit, applying state laws to vessels licensed under federal statutes. Long before oil possibilities were thought of, they had granted or leased areas in the marginal seas to private persons and corporations for purposes of land reclamation and harbor development, dredging for sand and gravel, development of oyster beds, and similar projects. These property rights can far exceed in value the wealth to be derived from petroleum. A just settlement of the issue, says the author, calls for restoration to the states of control of the marginal sea out to their historical boundaries—three miles in most cases; three leagues, or ten and one-half miles, in the case of Texas and the west coast of Florida. This study is based upon thorough investigation of all literature on the subject and personal interviews and correspondence with leaders on both sides of the controversy.
Author : Rebecca A Rix
Publisher : Routledge
ISBN 13 : 1135415102
Total Pages : 422 pages
Book Rating : 4.1/5 (354 download)
Download or read book Sexual Abuse Litigation written by Rebecca A Rix and published by Routledge. This book was released on 2013-10-08 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepare a solid case with advice from successful litigators! Ideal for use as a legal guide or a practical reference, Sexual Abuse Litigation examines how professionals can responsibly and effectively advocate on behalf of adult survivors of child sexual abuse (CSA) in the midst of the controversies surrounding recovered memories. This comprehensive book places the current recovered-memory controversy in historical context and examines how various psychological and medical conceptions of trauma have shaped public opinion and the construction of delayed discovery statutes of limitations. For lawyers, advocates, clinicians, and CSA survivors, Sexual Abuse Litigation offers practical advice in clear prose and an easy-to-use format. Summaries, charts, legal practice tips, and samples of actual testimony make this book an invaluable reference tool. It also tabulates the statutes of limitations for sexual abuse cases in all fifty states. In Sexual Abuse Litigation, experienced litigators will guide you through the phases of the legal process, offering practical suggestions on: case evaluation and development the pitfalls and opportunities of professional cooperation between therapists and lawyers the effective use of plaintiff expert witnesses strategies for countering the ”false memories” defense the identification of insurance benefits for injuries related to CSA techniques for cross-examining expert witnesses for the defense vital networking information, including resource referrals for adult survivors, help with appellate cases, and information on abuse by clergy and other professionals Offering strategies for sustaining the admissibility of the CSA survivor's testimony and how to maintain focus on the question of whether abuse occurred, Sexual Abuse Litigation will give you or your client the necessary information on how to successfully prepare for a CSA case and face the challenges of such cases in the courtroom.
Author : James E. Pfander
Publisher : Oxford University Press
ISBN 13 : 0197571425
Total Pages : 189 pages
Book Rating : 4.1/5 (975 download)
Download or read book Cases Without Controversies written by James E. Pfander and published by Oxford University Press. This book was released on 2021-03-17 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Author : Lisa Bench Nieuwveld
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161120
Total Pages : 363 pages
Book Rating : 4.0/5 (411 download)
Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Author : N. E. H. Hull
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.F/5 ( download)
Download or read book Roe V. Wade written by N. E. H. Hull and published by . This book was released on 2010 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This up-to-date history of Roe v. Wade covers the complete social and legal context of the case that remains the touchstone for America's culture wars.
Author : William Carey
Publisher :
ISBN 13 :
Total Pages : 1340 pages
Book Rating : 4.:/5 ( download)
Download or read book “A” Dictionary of the Bengalee Language written by William Carey and published by . This book was released on 1818 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew P. Morriss
Publisher : Yale University Press
ISBN 13 : 0300120028
Total Pages : 293 pages
Book Rating : 4.3/5 (1 download)
Download or read book Regulation by Litigation written by Andrew P. Morriss and published by Yale University Press. This book was released on 2009-01-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Examines three major cases in which litigation was used to achieve regulatory ends: the EPA's suit against heavy duty diesel engine manufacturers; asbestos and silica dust litigation by private attorneys; and private and state lawsuits against cigarette manufacturers"--Provided by publisher.
Author : Stephen B. Burbank
Publisher : Cambridge University Press
ISBN 13 : 110818409X
Total Pages : 299 pages
Book Rating : 4.1/5 (81 download)
Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 022665933X
Total Pages : 283 pages
Book Rating : 4.2/5 (266 download)
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
