AuthorTitleCitationSummaryYear
Reginald Mombrun LET'S PROTECT OUR ECONOMY AND DEMOCRACY FROM PARIS HILTON: THE CASE FOR KEEPING THE ESTATE TAX 33 Ohio Northern University Law Review 61 (2007) Repeal of the federal estate tax has recently dominated the tax news. When President Bush signed the bill temporarily repealing the estate tax or death tax as dubbed by the proponents of repeal, he did so with great fanfare and he invited a number of the proponents of estate tax repeal to the White House for the signing ceremony. Both the... 2007
Dorothy A. Brown RACE AND CLASS MATTERS IN TAX POLICY 107 Columbia Law Review 790 (April, 2007) The Earned Income Tax Credit (EITC), which is available only to low-income workers, is headed for extinction or at least the end of the EITC as we know it. Recently we were informed that 1.6 million low-income taxpayers had their tax refunds frozen over the last five years, although the vast majority did nothing wrong. Low-income taxpayers are... 2007
Alan F. Rothschild, Jr RACE AND GENDER PREFERENCES-WHEN CIVIL RIGHTS LAW MEETS TAX LAW 18 TAXATION OF EXEMPTS 263 (May/June, 2007) Recent developments add to the complexity of this area. With much of the exempt organization sector focused on the increased scrutiny of the sector by the media, government, and general public, recent developments in the use of race and gender preferences by exempt organizations have received little notice. These developments include the 2003... 2007
Beverly Moran , Stephanie M. Wildman RACE AND WEALTH DISPARITY: THE ROLE OF LAW AND THE LEGAL SYSTEM 34 Fordham Urban Law Journal 1219 (May, 2007) Many authors in the forthcoming book Race and Wealth Disparities: A Multidisciplinary Discourse assume that law plays some role in the creation and maintenance of wealth disparities based upon race. Yet some lawyers, judges, legislators, professors, and law students would strongly dispute that view. Many legal workers, like other Americans, believe... 2007
Alina Das THE ASTHMA CRISIS IN LOW-INCOME COMMUNITIES OF COLOR: USING THE LAW AS A TOOL FOR PROMOTING PUBLIC HEALTH 31 New York University Review of Law and Social Change 273 (2007) In an age of progressive medicine and medical technology, an epidemic has been growing in American cities. While the causes of the disease are largely unknown, its prevalence and severity vary dramatically by race and socio-economic status. The impact of the disease captured the attention of national and local public health officials in the... 2007
Michael Anthony Sabella THE CATEGORY 5 CRISIS: HOW HURRICANES KATRINA AND RITA EXPOSED DEFICIENCIES IN THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005 15 American Bankruptcy Institute Law Review 321 (Spring, 2007) For all of mankind's accomplishments, stopping the power of Mother Nature has not been one of them. In August and September of 2005 the people along the Gulf Coast of the United States learned this lesson when Hurricane Katrina and Hurricane Rita descended on the region. Both storms created a broad swath of destruction, using water surges and 155... 2007
Roger M. Groves THE DE-GENTRIFICATION OF NEW MARKETS TAX CREDITS 8 Florida Tax Review 213 (2007) I am concerned and I am frustrated because I don't know what the alternates areIt clearly isn't racist; its economics. The real question you have to ask yourself is: Is this good or bad? Norman Rice, former Mayor of Seattle On gentrification in that city. Urban America is in a state of crisis. A huge pool of America's resources is increasingly... 2007
Andre L. Smith THE DELIBERATIVE STYLINGS OF LEADING TAX LAW SCHOLARS 61 Tax Lawyer 1 (Fall, 2007) This Article examines the deliberative techniques of leading tax scholars as gleaned from articles they have written. It compares their deliberative or interpretative prescriptions to the nine Supreme Court tax cases since 2000. After the comparison, the Article finds that Lawrence Zelenak's theory describes the Court's deliberative process better... 2007
Joshua D. Moore THE ECONOMIC IMPORTANCE OF TAX COMPETITION FOR FOREIGN DIRECT INVESTMENT: AN ANALYSIS OF INTERNATIONAL CORPORATE TAX HARMONIZATION PROPOSALS AND LESSONS FROM THE WINNING CORPORATE TAX STRATEGY IN IRELAND 20 Pacific McGeorge Global Business & Development Law Journal 345 (2007) I. Introduction. 346 II. International Regulation of Tax Incentive Competition: A Report by the Organization for Economic Cooperation and Development. 350 A. An Overview of the OECD Approach Toward Harmful Tax Competition. 350 B. The OECD Definitional Approach to Harmful Tax Competition. 352 C. The OECD Guidelines: Forming the Tax Cartel. 355 D.... 2007
Carol Necole Brown , Serena M. Williams THE HOUSES THAT EMINENT DOMAIN AND HOUSING TAX CREDITS BUILT: IMAGINING A BETTER NEW ORLEANS 16-SUM Journal of Affordable Housing & Community Development Law 377 (Summer, 2007) Throughout its history, New Orleans has been largely immune to brilliant and innovative ideas. Indeed, this is one of its principal charms. If you are not a native New Orleanian, ask yourself why you decided to live here and chances are it has something to do with what Ignatius J. Reilly described as New Orleans' stagnation and apathy which I find... 2007
Carol Necole Brown , Serena M. Williams THE HOUSES THAT EMINENT DOMAIN AND HOUSING TAX CREDITS BUILT: IMAGINING A BETTER NEW ORLEANS 34 Fordham Urban Law Journal 689 (March, 2007) Throughout its history, New Orleans has been largely immune to brilliant and innovative ideas. Indeed, this is one of its principal charms. If you are not a native New Orleanian, ask yourself why you decided to live here and chances are it has something to do with what Ignatius J. Reilly described as New Orleans' stagnation and apathy which I find... 2007
Joseph M. Dodge THE NETTING OF COSTS AGAINST INCOME RECEIPTS (INCLUDING DAMAGE RECOVERIES) PRODUCED BY SUCH COSTS, WITHOUT BARRING CONGRESS FROM DISALLOWING SUCH COSTS 27 Virginia Tax Review 297 (Fall 2007) I. Introduction. 298 II. The Theory: The Purposes of Netting. 305 A. The Deep Structure of Capitalization. 305 B. Principled Arguments against Netting. 313 III. Is the Netting Thesis Contrary to Established Tax Doctrine?. 322 A. Preliminaries. 322 B. The Doctrinal Case against Netting. 323 C. The Doctrinal Case for Netting. 334 1. Cases, Including... 2007
Yasmin Dawood THE NEW INEQUALITY: CONSTITUTIONAL DEMOCRACY AND THE PROBLEM OF WEALTH 67 Maryland Law Review 123 (2007) In the last several decades, important steps have been taken in the United States to eradicate flagrant discrimination on the basis of race, ethnicity, and gender in a variety of arenas including voting, education, and employment opportunities. These gains in political equality are being threatened, however, by a dramatic increase in economic... 2007
Angelique A. EagleWoman , (Wambdi Awanwicake Wastewin) THE PHILOSOPHY OF COLONIZATION UNDERLYING TAXATION IMPOSED UPON TRIBAL NATIONS WITHIN THE UNITED STATES 43 Tulsa Law Review 43 (Fall 2007) This article will review the philosophical foundations of colonialism in regard to the imposition of United States taxing authority within Indian Country. First, the legal status of Tribal Nations as sovereigns within mid-North America will be set out in conjunction with the sovereign authority to impose taxation. Second, the history of taxation... 2007
George H. Singer THE YEAR IN REVIEW: CASE LAW DEVELOPMENTS UNDER THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005 29 California Bankruptcy Journal 37 (2007) The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the BAPCPA) was signed into law by President George W. Bush on April 20, 2005. The new legislation, which brought to a conclusion a reform initiative spanning over the course of a decade, makes the most comprehensive changes to the Bankruptcy Code (the Code) since its... 2007
Tracy A. Kaye , Stephen W. Mazza UNITED STATES--NATIONAL REPORT: CONSTITUTIONAL LIMITATIONS ON THE LEGISLATIVE POWER TO TAX IN THE UNITED STATES 15 Michigan State Journal of International Law 481 (2007) The Government's authority to impose taxes is one of its most pervasive and fundamental powers. In the United States, this power is granted to Congress by the U.S. Constitution with few explicit restrictions. Moreover, the courts in the United States almost invariably affirm the Government's power to tax in the face of constitutional challenges.... 2007
Jon Minear YOUR LICENSOR HAS A LICENSE TO KILL, AND IT MAY BE YOURS: WHY THE NINTH CIRCUIT SHOULD RESIST BANKRUPTCY LAW THAT THREATENS INTELLECTUAL PROPERTY LICENSING RIGHTS 31 Seattle University Law Review 107 (Fall, 2007) [The Intellectual Property Bankruptcy Protection Act of 1989] is intended to restore confidence in the system of intellectual property licensing, and courts interpreting it should be sensitive to the reasonable practices that have and will evolve among parties seeking to add to the technological and creative wealth of America. Imagine, for a... 2007
David A. Brennen A DIVERSITY THEORY OF CHARITABLE TAX EXEMPTION--BEYOND EFFICIENCY, THROUGH CRITICAL RACE THEORY, TOWARD DIVERSITY 4 Pittsburgh Tax Review 1 (Fall, 2006) What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are... 2006
Daniel W. Matthews A FIGHT TO THE DEATH: SLAYING THE ESTATE TAX REPEAL HYDRA 28 Whittier Law Review 663 (Winter 2006) Imagine a full-page advertisement in a major daily newspaper displaying a picture of several third and fourth generation millionaires set against the backdrop of a yacht club in the Hamptons. Each is decked out in designer clothes, impeccably groomed and manicured, grinning from ear to ear. The caption reads: We haven't worked a day in our lives... 2006
Jean Braucher A FRESH START FOR PERSONAL BANKRUPTCY REFORM: THE NEED FOR SIMPLIFICATION AND A SINGLE PORTAL 55 American University Law Review 1295 (June, 2006) Introduction. 1296 I. Why the 2005 Act is a Failure. 1301 A. A Capsule History of the 2005 Act. 1301 B. Burdens on All, With Loopholes Galore. 1305 1. The primary new burdens on debtors and their lawyers under the 2005 Act. 1306 a. Means testing. 1306 b. Mounds of new paperwork. 1307 c. New burdens on lawyers. 1308 d. Higher filing fees in response... 2006
Shari Motro A NEW "I DO": TOWARDS A MARRIAGE-NEUTRAL INCOME TAX 91 Iowa Law Review 1509 (July, 2006) ABSTRACT: The federal income tax system treats married couples as if each spouse earned approximately one-half of the couple's combined income through a mechanism called income splitting. For many one-earner and unequal-earner couples, income splitting produces a significant advantage, a marriage bonus, by shifting income from higher to lower... 2006
Richard I. Aaron ACCESS TO JUSTICE: CONSUMER BANKRUPTCY 2006 Utah Law Review 925 (2006) Bankruptcy is a privilege for the honest but unfortunate debtor; not for the knave or churl. All agree that bankruptcy should be available for those who are unable to pay their debts, but not for those who are just unwilling. The homilies are simple to state but not easy to apply. Why do consumers file bankruptcy? There are many explanations, all... 2006
Ethan S. Bernstein ALL'S FAIR IN LOVE, WAR & BANKRUPTCY? CORPORATE GOVERNANCE IMPLICATIONS OF CEO TURNOVER IN FINANCIAL DISTRESS 11 Stanford Journal of Law, Business & Finance 298 (Spring, 2006) Prior discussions of management turnover during financial distress have examined bankrupt and non-bankrupt firms as distinct groupings with little overlap. Separately investigating rates of turnover in-bankruptcy and out-of-bankruptcy, without a direct comparison between the two, has resulted in a narrowing of the accepted influence of bankruptcy... 2006
Susan Pace Hamill AN EVALUATION OF FEDERAL TAX POLICY BASED ON JUDEO-CHRISTIAN ETHICS 25 Virginia Tax Review 671 (Winter 2006) So be careful to do what the Lord your God has commanded you; do not turn aside to the right or to the left. Walk in all the way that the Lord your God has commanded you, so that you may live and prosper and prolong your days in the land that you will possess. Deuteronomy 5:32-33 With hope that the message of faith-inspired tax policy will travel... 2006
Sarah Molseed AN OWNERSHIP SOCIETY FOR ALL: COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS AS THE BRIDGE BETWEEN WEALTH INEQUALITY AND ASSET-BUILDING POLICIES 13 Georgetown Journal on Poverty Law and Policy 489 (Fall, 2006) On January 20, 2005, as President George W. Bush was sworn in for his second term as President of the United States, he delivered an inaugural address, which proposed a domestic policy animated by the theme of an ownership society. Bush's ownership society is designed to give Americans a greater stake in the nation and allow them to become more... 2006
Mihailis E. Diamantis ARBITRAL CONTRACTUALISM IN TRANSNATIONAL BANKRUPTCY 35 Southwestern University Law Review 327 (2006) I. Introduction. 328 II. Territorialism. 330 III. Universalism. 331 IV. Contractualism. 334 V. Comparing the Theories. 335 A. Territorialism Versus Universalism. 336 1. Forum Shopping Potential. 336 2. Predictability. 338 3. Efficiency of Proceedings in Achieving Bankruptcy Goals. 339 4. Equity. 342 5. Possibility of Implementation. 344 6.... 2006
Xavier de Souza Briggs, Margery Austin Turner ASSISTED HOUSING MOBILITY AND THE SUCCESS OF LOW-INCOME MINORITY FAMILIES: LESSONS FOR POLICY, PRACTICE, AND FUTURE RESEARCH 1 Northwestern Journal of Law & Social Policy 25 (Summer, 2006) In the social policy field, where complex goals and seemingly intractable problems often make it hard to generate useful answers about what works, there is an understandable tendency to label demonstration programs either successes or failures. In the context of assisted housing mobility initiatives, such as the court-ordered Gautreaux... 2006
Kristin Brandser Kalsem BANKRUPTCY REFORM AND THE FINANCIAL WELL-BEING OF WOMEN:: HOW INTERSECTIONALITY MATTERS IN MONEY MATTERS 71 Brooklyn Law Review 1181 (Spring 2006) After eight years of heated controversy, President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into law on April 20, 2005 and that legislation became effective on October 17, 2005. Massive in size and far-reaching in effect, this piece of legislation has been part of the congressional agenda since 1997. The title... 2006
John W. Lee, III CLASS WARFARE 1988-2005 OVER TOP INDIVIDUAL INCOME TAX RATES: TEETER-TOTTER FROM SOAK-THE-RICH TO ROBIN-HOOD-IN-REVERSE 2 Hastings Business Law Journal 47 (Winter, 2006) In an innovative 1955 Tax Policy Hearing before a Subcommittee chaired by Representative Wilbur Mills, conservative Arkansas Democrat (and soon to become legendary Chair of the House Ways and Means Committee), a New York Stock Exchange lobbyist suggested facetiously that you might subject everybody's income by definition, to a capital gains... 2006
Maria Sophia Aguirre CONTRIBUTIONS TO FAMILY INCOME: PROPORTIONS AND EFFECTS 20 Notre Dame Journal of Law, Ethics & Public Policy 719 (2006) Beginning in the late fifties and early sixties the demand for childcare significantly increased as women moved into the workforce. Since then, both the number of women leaving the home and the number of children entering day care has steadily increased. Both movements have resulted in new expenses being incurred on the part of families with two... 2006
R. Wilson Freyermuth CRYSTALS, MUD, BAPCPA, AND THE STRUCTURE OF BANKRUPTCY DECISIONMAKING 71 Missouri Law Review 1069 (Fall, 2006) A critical feature of any legal system is its formal dispute resolution mechanism. From the perspective of a transactions lawyer, the dispute resolution process should be structured to accomplish (or at least contribute positively toward) doctrinal clarity. In the language made familiar by the work of Professor Carol Rose, this reflects a... 2006
Sue Ann Mota DAIMLERCHRYSLER V. CUNO -- PLAINTIFFS LACK STANDING TO CHALLENGE STATE FRANCHISE TAX CREDIT IN FEDERAL COURT, ACCORDING TO THE SUPREME COURT 29 North Carolina Central Law Journal 66 (2006) The judicial power shall extend to all Cases . . . [and] Controversies. The Congress shall have the Power . . . to regulate Commerce . . . among the several States. In May 2006, the U.S. Supreme Court in DaimlerChrysler Corp. v. Cuno unanimously held that plaintiffs did not establish the requisite standing to challenge Ohio's franchise tax... 2006
Shilesh Muralidhara DEFICIENCIES OF THE LOW-INCOME HOUSING TAX CREDIT IN TARGETING THE LOWEST-INCOME HOUSEHOLDS AND IN PROMOTING CONCENTRATED POVERTY AND SEGREGATION 24 Law & Inequality: A Journal of Theory and Practice 353 (Summer 2006) Affordable public housing has been an issue at the forefront of public policy in the United States since the Great Depression era. The social, political, and economic benefit of adequate housing for citizens at all income-levels has long been recognized. Nevertheless, despite almost seventy years worth of effort to remedy the dearth of affordable... 2006
Lynn M. LoPucki , Joseph W. Doherty DELAWARE BANKRUPTCY: FAILURE IN THE ASCENDANCY 73 University of Chicago Law Review 1387 (Fall, 2006) In a gracious review of Lynn M. LoPucki's recently published book, Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts, Professors Kenneth Ayotte and David A. Skeel, Jr. make a spirited defense of the Delaware bankruptcy court's indefensible rise to national dominance. That rise occurred from 1990 through 1996, on... 2006
Mary Varson Cromer DON'T GIVE ME THAT!: TAX VALUATION OF GIFTS TO ART MUSEUMS 63 Washington and Lee Law Review 777 (Spring, 2006) C1-3Table of Contents I. Introduction. 778 II. The Legal Requirements of Charitable Deductions. 782 A. The Threshold Requirement for Fee Simple Defeasible Interests. 782 B. Fair Market Value and Charitable Deductions. 784 C. Substantiation and Appraisal Requirements. 785 D. Tax Court Interpretations of Fair Market Value of Restricted Gifts of Art.... 2006
David M. Schizer ENLISTING THE TAX BAR 59 Tax Law Review 331 (Spring 2006) Tax shelters have proliferated in the United States not only because of financial innovation, the globalization of capital markets, the increasing complexity of our tax system, the inadequacy of tax penalties, the lack of political support for tax reform, and the growing popularity of textualist interpretation--all factors that have attracted... 2006
Edward G. Phillips FUDGING ON BANKRUPTCY FILINGS LEADS TO DISMISSAL OF EMPLOYMENT SUITS 42-OCT Tennessee Bar Journal 32 (October, 2006) Bankruptcy and employment law are not spheres that practitioners frequently view as closely intertwined, but recent case developments in the Sixth Circuit and district courts in Tennessee indicate otherwise. In the past year, four Unites States district judges in Tennessee applied the judicial estoppel doctrine and dismissed employment... 2006
Danielle Pelfrey Duryea GENDERING THE GENTRIFICATION OF PUBLIC HOUSING: HOPE VI'S DISPARATE IMPACT ON LOWEST-INCOME AFRICAN AMERICAN WOMEN 13 Georgetown Journal on Poverty Law and Policy 567 (Fall, 2006) HOPE VI must have seemed so promising. When, in 1992, the Department of Housing and Urban Development (HUD) introduced the program later dubbed HOPE VI, replacing the country's worst public housing projects with mixed-income, mixed-use, low-density new developments while providing targeted social services to low-income residents must have seemed... 2006
John A. E. Pottow GREED AND PRIDE IN INTERNATIONAL BANKRUPTCY: THE PROBLEMS OF AND PROPOSED SOLUTIONS TO "LOCAL INTERESTS" 104 Michigan Law Review 1899 (August, 2006) I. International Bankruptcy Theory. 1902 II. Local Interests: Defining the Problem. 1905 A. Introduction. 1905 B. The Interests of Local Creditors. 1907 1. Content-Neutral Interests: Asset Coverage Ratio (ACR). 1907 2. Content-Based Interests: The Content of Local Bankruptcy Law. 1910 C. The Interests of Local Sovereigns. 1915 1. The Problem:... 2006
Seema Ramesh Shah HAVING LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLANS TAKE INTO ACCOUNT THE QUALITY OF SCHOOLS AT PROPOSED FAMILY HOUSING SITES: A PARTIAL ANSWER TO THE RESIDENTIAL SEGREGATION DILEMMA? 39 Indiana Law Review 691 (2006) Is it possible that the largest federal subsidy program in the nation is being administered in such a way as to perpetuate racial and ethnic segregation in urban and suburban America? State housing agencies that administer the Low Income Housing Tax Credit (LIHTC) program, the largest federal subsidy program for constructing and rehabilitating... 2006
Anthony C. Infanti HOMO SACER, HOMOSEXUAL: SOME THOUGHTS ON WAGING TAX GUERRILLA WARFARE 2 Unbound: Harvard Journal of the Legal Left 27 (2006) In fact, it is now clear to most that the social and political forces now holding power are beyond simply opposing issues supportive to LGBT people and have now moved to open warfare against all that they hold in contempt, including and especially the LGBT community. It is then little surprise that LGBT communities are experiencing not only... 2006
John D. Colombo HOSPITAL PROPERTY TAX EXEMPTION IN ILLINOIS: EXPLORING THE POLICY GAPS 37 Loyola University Chicago Law Journal 493 (Spring 2006) Illinois recently made the national press in the tax exemption world. As a result of a recommendation from the Champaign County Board of Review (Board of Review) in 2004, the Illinois Department of Revenue (Department of Revenue) revoked the property tax exemption for Provena Covenant Medical Center in Urbana, Illinois. In April 2005, the Board of... 2006
Meredith M. Stead IMPLEMENTING DISASTER RELIEF THROUGH TAX EXPENDITURES: AN ASSESSMENT OF THE KATRINA EMERGENCY TAX RELIEF MEASURES 81 New York University Law Review 2158 (December, 2006) Over the past several decades, Congress has turned increasingly to tax expenditures rather than to direct outlay programs to implement social welfare programs. Such a trend creates economic distortions and has proven disadvantageous to taxpayers in lower socioeconomic classes. The newest twist is in the area of disaster relief. Unprecedented before... 2006
Rebecca Safford INFORMATION ASYMMETRY, RACE, AND THE "DEATH TAX" 13 Washington and Lee Journal of Civil Rights and Social Justice 117 (Fall, 2006) As early as 1789, Benjamin Franklin astutely commented, In this world, nothing is certain but death and taxes. Or, as is now the case, the two are one and the same: you die, and you are taxed at your death. This belief has been the central motivator for the recent push for Congress to repeal the estate tax permanently. Currently, a phase-out... 2006
Jeffrey J. Rachlinski , Chris Guthrie , Andrew J. Wistrich INSIDE THE BANKRUPTCY JUDGE'S MIND 86 Boston University Law Review 1227 (December, 2006) Introduction. 1227 I. Methodology. 1231 A. Participating Judges. 1231 B. Procedure. 1232 II. Results. 1233 A. Anchoring. 1233 B. Framing. 1237 C. Omission Bias. 1241 D. Race. 1245 E. Apologies and Terror Management. 1248 Conclusion. 1256 Appendix A. 1260 2006
Michael M. Megaard and Susan L. Megaard IRS CLARIFIES GUIDANCE FOR EXEMPT HOUSING ORGANIZATIONS AND TAX CONSEQUENCES FOR PARTICIPANTS 105 Journal of Taxation 98 (August, 2006) After a series of private rulings denying exemptions and GAO and HUD reports highlighting problems with seller-funded down payment assistance entities, a new Revenue Ruling illustrates the factors that will be crucial for housing organizations seeking to obtain or maintain tax-exempt status. In addition, the tax impact on the home buyers is... 2006
Todd J. Zywicki IS FORUM SHOPPING CORRUPTING AMERICA'S BANKRUPTCY COURTS? 94 Georgetown Law Journal 1141 (April, 2006) Review of Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts. By Lynn M. LoPucki. University of Michigan Press, 2005. 322 Pages In his new book, Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts, Professor Lynn LoPucki argues that current bankruptcy venue rules have spawned an... 2006
Teresa A. Sullivan , Elizabeth Warren , Jay Lawrence Westbrook LESS STIGMA OR MORE FINANCIAL DISTRESS: AN EMPIRICAL ANALYSIS OF THE EXTRAORDINARY INCREASE IN BANKRUPTCY FILINGS 59 Stanford Law Review 213 (November, 2006) Introduction. 213 A. Prelude: Three Studies. 218 I. The Rising Burden of Debt. 220 A. Income: Still Low. 221 B. Assets: Increasing as Home Values Increase. 224 C. Debts: Rising Fast. 228 D. Debt-to-Income Ratios: Confirming the Bad News. 229 II. The Declining Stigma Hypothesis. 233 III. The Increasing Stigma Hypothesis. 242 IV. Alternative... 2006
Sarah A. Lindquist PROPERTY TAX EXEMPTIONS FOR THE NONTRADITIONAL CHURCH: HOW DO WE GRANT TAX EXEMPTIONS TO PLACES OF WORSHIP AND NOT AMUSEMENT PARKS? 33 Florida State University Law Review 1149 (Summer, 2006) Is Disney a religion? While this seems like a ridiculous, nonlegal question, it is arguably at the heart of an emerging issue in constitutional and tax law. In February 2001, The Holy Land Experience (the Holy Land) opened its doors to the public in Orlando, Florida. Shortly thereafter, what has been dubbed a tax battle of biblical... 2006
A. Mechele Dickerson RACE MATTERS IN BANKRUPTCY REFORM 71 Missouri Law Review 919 (Fall, 2006) I. Introduction. 920 II. Bankruptcy Relief. 921 A. Goals. 921 B. Treatment of Debts. 922 C. Treatment of Assets. 923 D. Costs. 924 III. The Ideal Debtor. 926 A. Marriage. 926 B. Employment and Income. 927 C. Wealth. 929 1. Generally. 929 2. Exemptible Assets. 930 D. Dependents. 932 E. Debts. 935 F. Conclusion. 937 IV. The Bankruptcy Abuse... 2006
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