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Amicus Curiae Brief In Health And Human Services V Florida Affordable Care Act Litigation On Behalf Of Tax Law Professors In Support Of Vacatur
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Book Synopsis Amicus Curiae Brief in Health and Human Services V. Florida (Affordable Care Act Litigation) on Behalf of Tax Law Professors in Support of Vacatur by : Jordan M. Barry
Download or read book Amicus Curiae Brief in Health and Human Services V. Florida (Affordable Care Act Litigation) on Behalf of Tax Law Professors in Support of Vacatur written by Jordan M. Barry and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This amicus brief, filed in HHS v. Florida (the Affordable Care Act litigation), has two principal goals. First, it seeks to aid the Court by giving it an overview of the tax determination and tax collection processes. This background is intended to help the Court understand the relationship between new Internal Revenue Code Section 5000A (which contains both the individual mandate itself and the penalty that enforces it) and the rest of the Internal Revenue Code. Second, it seeks to correct what we see as an error in the lower courts' analysis of Section 5000A. Section 7421, also known as the Anti-Injunction Act, prohibits lawsuits that restrain the assessment or collection of taxes. Accordingly, whether the 5000A penalty is a tax for purposes of Section 7421 is of great importance for this case. Several judges who concluded that the 5000A penalty is not a tax for purposes of Section 7421, including the majority in the DC Circuit, reached that conclusion, in part, because they thought it significant that Congress limited the IRS's ability to collect the 5000A penalty. We think that approach is misguided in this particular case for three reasons. First, these limitations strongly imply that Congress thought the 5000A penalty constitutes a tax for purposes of key tax administrative provisions. Second, 5000A is structured to avoid every procedure that a taxpayer could use to challenge a liability before paying it. Third, in light of the specific limitations that Congress imposed on its collection, the 5000A penalty looks increasingly like a true tax measure, regardless of its label. This brief assumes that Section 7421 is jurisdictional, as the Court has previously held. This brief does not address arguments that the 5000A penalty is a tax for purposes of Section 7421 by virtue of other Code sections, such as Section 6671 or Section 6201. These arguments are ably presented in the brief filed by the court-appointed amicus curiae and the brief filed on behalf of former IRS commissioners Mortimer Caplin and Sheldon Cohen. Special thanks to Michael de Leeuw and the rest of the Fried Frank team.
Book Synopsis In the Supreme Court of the United States, David King, Et Al., V. Sylvia Burwell, Secretary of Health and Human Services, Et Al by : Andrew M. Fischer
Download or read book In the Supreme Court of the United States, David King, Et Al., V. Sylvia Burwell, Secretary of Health and Human Services, Et Al written by Andrew M. Fischer and published by . This book was released on 2015 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question presented is whether tax credits provided for in the Patient Protection and Affordable Care Act Section 36B are available to persons who enrolled for health insurance through a federal exchange.
Book Synopsis In the Supreme Court of the United States, Department of Health and Human Services, Et Al. Petitioners, V. State of Florida, Et Al by : Elise C. Boddie
Download or read book In the Supreme Court of the United States, Department of Health and Human Services, Et Al. Petitioners, V. State of Florida, Et Al written by Elise C. Boddie and published by . This book was released on 2012 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: At issue is whether Congress' passage of the Affordable Care Act's individual mandate provision, requiring the purchase of health insurance, exceeds Congress' authority, and is it inconsistent with core constitutional principles of federalism.
Book Synopsis Amicus Curiae Brief of Law Professors by : Reuven S. Avi-Yonah
Download or read book Amicus Curiae Brief of Law Professors written by Reuven S. Avi-Yonah and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amici are individual law professors who have extensive knowledge in the development of the law of federal and state taxation. These amici offer their expertise in support of the State's position in this case, that Engrossed Substitute Senate Bill 5096's (“ESSB 5096's”) tax on capital gains is an excise tax and not a property tax under Wash. Const., Art. VII, § 1. The State's position is grounded not only in this Court's precedent, but in history and logic.While Amici agree with appellant Intervenors that a tax on income is not a property tax, this Court need not overrule Culliton v. Chase, 174 Wash. 363, 25 P.2d 81 (1933), to uphold the capital gains excise tax here. ESSB 5096 falls squarely within this Court's longstanding definition of an excise tax because the incidence of the tax operates upon the act of transferring capital assets and not directly upon the property itself. If this Court were to affirm the trial court's flawed logic that a capital gains tax is “properly characterized as a tax on property” under Art. VII, § 1 because it is a “tax on the receipt of income” (CP 872), the Court would be required to extend Culliton far beyond its holding and to disregard the Court's extensive excise tax precedents. These precedents are consistent with U.S. Supreme Court jurisprudence addressing similar distinctions between direct taxes on property and excise taxes on acts or transactions.The Washington Constitution does not limit the Legislature's prerogative to devise fair and equitable excise taxes to fund its residents' basic needs in housing, health care and education and to redress past economic and social inequities. The trial court erred in holding that the capital gains excise tax was a prohibited, non-uniform tax on property.
Book Synopsis In the Supreme Court of the United States, Department of Health and Human Services, Et Al., Petitioners, V. State of Florida, Et Al by : Seth L. Cooper
Download or read book In the Supreme Court of the United States, Department of Health and Human Services, Et Al., Petitioners, V. State of Florida, Et Al written by Seth L. Cooper and published by . This book was released on 2012* with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appeal to the United States Supreme Court from the United States 11th Circuit Court of Appeals. Deals with the issue of whether Congress' passage of the Affordable Care Act's individual mandate provision, requiring the purchase of health insurance, exceeds Congress' authority, and is it inconsistent with core constitutional principles of federalism.
Book Synopsis Department of Health and Human Services, et al., Petitioners v. State of Florida, et al. on Writ on Certiorari to the United States Court of Appeals for the Eleventh Circuit, Brief of the American Legislative Exchange Council as Amicus Curiae by :
Download or read book Department of Health and Human Services, et al., Petitioners v. State of Florida, et al. on Writ on Certiorari to the United States Court of Appeals for the Eleventh Circuit, Brief of the American Legislative Exchange Council as Amicus Curiae written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis In the Supreme Court of the United States, David A. Zubik, Et Al., Petitioners, V. Sylvia Burwell, Secretary of Health and Human Services, Et Al., Respondents by : Jon B. Eisenberg
Download or read book In the Supreme Court of the United States, David A. Zubik, Et Al., Petitioners, V. Sylvia Burwell, Secretary of Health and Human Services, Et Al., Respondents written by Jon B. Eisenberg and published by . This book was released on 2016 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case concerns moral and religious objections raised with respect to providing insurance coverage for contraception as required by the Affordable Care Act; this specific amicus brief focuses on how similar reasoning could be applied to impair patients' rights to refuse medical treatment in contravention of state laws mandating deference to patients' advance care directives.
Book Synopsis In the Supreme Court of the United States, David King, Et Al., V. Sylvia Mathews Burwell, Secretary of Health and Human Services, Et Al by : Kirsten V. Mayer
Download or read book In the Supreme Court of the United States, David King, Et Al., V. Sylvia Mathews Burwell, Secretary of Health and Human Services, Et Al written by Kirsten V. Mayer and published by . This book was released on 2015 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question presented is whether tax credits provided for in the Patient Protection and Affordable Care Act Section 36B are available to persons who enrolled for health insurance through a federal exchange.
Book Synopsis In the Supreme Court of the United States, David King, Et Al., Petitioners, V. Sylvia Burwell, Secretary of Health and Human Services, Et Al., Respondents by : Stuart R. Cohen
Download or read book In the Supreme Court of the United States, David King, Et Al., Petitioners, V. Sylvia Burwell, Secretary of Health and Human Services, Et Al., Respondents written by Stuart R. Cohen and published by . This book was released on 2015 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question presented is whether tax credits provided for in the Patient Protection and Affordable Care Act Section 36B are available to persons who enrolled for health insurance through a federal exchange.
Book Synopsis Insurance Coverage Litigation by : Eugene R. Anderson
Download or read book Insurance Coverage Litigation written by Eugene R. Anderson and published by Wolters Kluwer. This book was released on 1999-01-01 with total page 2726 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.
Book Synopsis Cato Supreme Court Review by : Trevor Burrus
Download or read book Cato Supreme Court Review written by Trevor Burrus and published by Cato Institute. This book was released on 2020-10-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).
Book Synopsis Immigration and Citizenship by : Thomas Alexander Aleinikoff
Download or read book Immigration and Citizenship written by Thomas Alexander Aleinikoff and published by West Academic Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a theme of membership and belonging reflected throughout, Immigration and Citizenship: Process and Policy presents exceptionally broad coverage of immigration and citizenship and their unalienable rights. The book discusses constitutional protections, deportation, and judicial review and removal procedures. The authors define immigration and citizenship to include not only the traditional questions of who is admitted and who is allowed to stay in the United States, but also the complex areas of discrimination between citizens and non-citizens, unauthorized migration, federalism, and the close interaction of constitutional law with statutes and regulations. The fifth edition integrates important developments, including many changes to the immigration statutes as part of the Patriot Act; anti-terrorism enforcement; and splitting up the Immigration and Naturalization Service into various parts of the new Department of Homeland Security and other federal agencies. Other significant changes include deleting the chapter on the concept of entry, folding the deportation chapter's discussion of relief into a general chapter on the grounds of deportability, and creating a new chapter on undocumented immigration.
Book Synopsis The New American Dilemma by : Jennifer L. Hochschild
Download or read book The New American Dilemma written by Jennifer L. Hochschild and published by Yale University Press. This book was released on 1984-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative examination of school desegregation in America and how it does-and does not-succeed. In this powerful tract on school desegregation, Jennifer Hochschild formulates the most searching challenge to the theory of incrementalism that I have come across in recent years. -David Braybrooke A comprehensive synthesis of what is known about the processes of school desegregation and a powerful policy-oriented argument on a subject whose crucial significance Americans have been unable to wish away. -Paul E. Peterson, Brookings Institution A well-written, insightful survey and analysis of the pattern of school desegregation in American society since the Supreme Court's Brown decisions and a first-rate analysis of the implementation of public policy in the US, with perceptive remarks on incrementalism as a method of change.-Choice The New American Dilemma is policy analysis as it should be done, thorough in its consideration of evidence and bold in its examination of fundamental issues of political practice and social theory.-Clarence N.Stone, Ethics The New American Dilemma challenges almost all positions cherished by liberals and leftists, blacks and whites, including gradualism, democratic participation and ethnic solidarity. Because of that alone, The New American Dilemma is invaluable. -Richard H. King, Journal of American Studies A solid contribution to the literature on desegregation...This thought-provoking book provides an excellent perspective on the thirty years of desegregation since Brown. -Mary Jo Newborn, Michigan Law Review
Download or read book Writing to Win written by Steven D. Stark and published by Crown. This book was released on 2012-04-24 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades—and that WINS. More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case—and winning it. Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing—as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.
Book Synopsis Treatment of Complex Trauma by : Christine A. Courtois
Download or read book Treatment of Complex Trauma written by Christine A. Courtois and published by Guilford Press. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful guide provides a pragmatic roadmap for treating adult survivors of complex psychological trauma. Christine Courtois and Julian Ford present their effective, research-based approach for helping clients move through three clearly defined phases of posttraumatic recovery. Two detailed case examples run throughout the book, illustrating how to plan and implement strengths-based interventions that use a secure therapeutic alliance as a catalyst for change. Essential topics include managing crises, treating severe affect dysregulation and dissociation, and dealing with the emotional impact of this type of work. The companion Web page offers downloadable reflection questions for clinicians and extensive listings of professional and self-help resources. See also Drs. Courtois and Ford's edited volumes, Treating Complex Traumatic Stress Disorders (Adults) and Treating Complex Traumatic Stress Disorders in Children and Adolescents, which present research on the nature of complex trauma and review evidence-based treatment models.
Book Synopsis The Schoolhouse Gate by : Justin Driver
Download or read book The Schoolhouse Gate written by Justin Driver and published by Vintage. This book was released on 2019-08-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Book Synopsis Madison's Nightmare by : Peter M. Shane
Download or read book Madison's Nightmare written by Peter M. Shane and published by University of Chicago Press. This book was released on 2009-08-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
