Tag: Law

The Supreme Court Might Actually Pass on a Chance to Protect the Rich

By the government’s estimates, that strategy allowed Americans who owned significant chunks of foreign companies to evade taxes on nearly $2.3 trillion in offshore earnings between 1986 and 2015. The TCJA’s overhaul eliminated the tax on dividends from foreign owned companies as part of a broader shift in how the U.S. taxes overseas earnings. To […]

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The Next Supreme Court Danger: Trashing One-Third of the Tax Code

Instead of worrying what the Supreme Court might say about the constitutionality of some hypothetical wealth tax that’s unlikely ever to become law—and would anyway, in my view at least, be kind of a dumb idea—I invite you to worry what the Supreme Court might say about taxing unrealized income. You should worry about that […]

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Democratic Rep Has an Immodest Proposal for James Comer

Advertisers have long been in revolt against Musk’s designs for the site, which have consistently made the platform less appealing for brands to appear upon. But in recent days, advertisers have found new reason to flee the site, after an explosive Media Matters report published earlier this month revealed that X was routinely placing antisemitic […]

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Liberals Are Wrong to Trash the Supreme Court’s New Code of Ethics

Would an individual justice avow that all the code means is that, while it would be nice to recuse from adjudicating a case faced with a blatant conflict, he or she doesn’t have to? If the circumstances were as flagrant as, say, a case involving an investigation that could result in criminal liability for either […]

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The Hunter Biden Testimony James Comer Doesn’t Want You to See

Meanwhile, Tesla’s Swedish workforce has been the beneficiary of other sympathy strikes on their behalf, including Swedish dockworkers refusing to unload Tesla shipments, electricians declining to repair charging stations, and cleaning companies withholding their labor, leaving Tesla’s facilities to fend for themselves in terms of cleaning. And the workers’ Norwegian neighbors have gotten into the […]

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Pros and cons of returning the Elgin Marbles to Greece

The controversy over the Elgin Marbles has been reignited after Downing Street cancelled a meeting between Rishi Sunak and the Greek prime minister at the last minute. The British and Greek governments are “embroiled in a deepening row”, said the BBC, after Kyriakos Mitsotakis, the Greek PM, told the BBC on Sunday that the artefects […]

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Trump Has Decided on a Crazy New Abortion Stance

The solution? Reverse course on a party maxim to oust Trump from the public consciousness, according to Democratic leadership, who no longer feel that ignoring the real estate mogul is an effective tactic and instead are quietly hoping for live broadcasting of his notorious campaign rallies, reported The New York Times. “Not having the day-to-day […]

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Conservative Judges Are Dismissing Decades of Precedent to Try to Kill the Voting Rights Act

“Taken at face value, these statements appear to create an open-and-shut case that there must be a way to privately enforce Section 2,” Stras wrote. “If five Justices assume it, then it must be true. The problem, however, is that these were just background assumptions—mere dicta at most.” Generally speaking, the law is always whatever […]

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Why the Troubles Act faces a legal challenge in Belfast

The High Court in Belfast is hearing a legal challenge against a controversial new act of parliament that will stop future prosecutions regarding crimes committed during the Troubles.  When the Northern Ireland Troubles (Legacy and Reconciliation) Bill was announced in July 2021, the then prime minister Boris Johnson said it would allow Northern Ireland to […]

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It’s Hard to Get Abortion Reporting Right in the Post-Roe Era

On its heels but seemingly unrelatedly, the week after Martinez filed his motion in the kidnapping case, there was a development in the state-level challenge to the abortion travel ban, the so-called “abortion trafficking” law: A judge blocked all enforcement of it by a temporary restraining order while the state-level challenge regarding the constitutionality of […]

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The Bizarre Reason a Colorado Judge Didn’t Disqualify Trump From Running in 2024

Two conservative law scholars, William Baude and Michael Stokes Paulsen, also foresaw this argument and dismissed it out of hand. “No one denies that the President is an executive branch officer holding executive office,” they wrote. “At the risk of belaboring the obvious: Article II refers to the ‘office’ of President innumerable times. It specifies […]

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The Pitfalls of Outrage-Fueled Abortion Reporting

On its heels but seemingly unrelatedly, the week after Martinez filed his motion in the kidnapping case, there was a development in the state-level challenge to the abortion travel ban, the so-called “abortion trafficking” law: A judge blocked all enforcement of it by a temporary restraining order while the state-level challenge regarding the constitutionality of […]

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Nevada’s Fake Elector Fight Brings an End to the Republican Voter Fraud Myth

Six people in Nevada ultimately signed up to be fake electors. They included Michael McDonald, the chairman of the Nevada GOP, and Jim DeGraffenreid, a committee member of the Republican National Committee. They signed fake electoral certificates outside the state Capitol building in Carson City on the same day that the real electors cast their […]

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Pros and cons of the Rwanda deportation policy

Rishi Sunak wants to push through emergency legislation to classify Rwanda a “safe” country after the Supreme Court ruled his government’s flagship policy to send illegal migrants there is illegal. The prime minister said he would bring a new “draft treaty” to MPs within days, followed by an emergency bill in the coming weeks “that […]

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Silicon Valley’s Big A.I. Dreams Are Headed for a Copyright Crash

Multiple record publishers are suing Anthropic over its alleged use of copyrighted song lyrics. Getty Images sued Stability AI earlier this year for using its library to train an image generator. Companies like Google, Microsoft, and Adobe have promised to indemnify companies that face legal threats for using their A.I. products. The actors’ and writers’ […]

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The Battle Over Church and State Could Take Down the Charter School Movement

In spite of all the culture-war headlines these days, Americans tend to like their children’s public schools, and charters have thrived by lying low in the broad, confusing middle ground between public and private schools. They are public schools, in a sense, and therefore they deserve full funding by taxpayers and the full support of […]

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The Tech Industry’s A.I. Dreams Might Be Headed for a Rude Awakening

Multiple record publishers are suing Anthropic over its alleged use of copyrighted song lyrics. Getty Images sued Stability AI earlier this year for using its library to train an image generator. Companies like Google, Microsoft, and Adobe have promised to indemnify companies that face legal threats for using their A.I. products. The actors’ and writers’ […]

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Conservatives’ Favorite Legal Doctrine Crashes Into Reality

“It says, ‘The government has yet to find even a single American jurisdiction that adopted a similar ban while the founding generation walked the earth,’” Kagan said. “So is that what we should be looking for? And if we don’t find that similar ban, we say that the government has no right to do anything?” […]

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The Supreme Court Might Finally Be Drawing a Line on Gun Rights

Justice Brett Kavanaugh, who signaled in a concurring opinion in Bruen that he might be willing to uphold certain gun restrictions in future cases, also pointedly observed on Tuesday that domestic violence protection orders are part of the federal background check process. “According to the government, under your argument, that system could no longer stop […]

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A Big Firearms Case Is About to Land in the Supreme Court’s Lap

The second reason is that machine guns are strictly regulated in the United States. They are not illegal to own outright, though many people think they are. The National Firearms Act of 1934, or NFA, established a series of restrictions and taxes on the purchase and ownership of certain firearms that Congress associated with crime. […]

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Trump Is Assembling His Second-Term Legal Wrecking Crew

Trump, like all presidents, has the power to replace the people at the upper echelons of the executive branch—cabinet members, agency heads, their top advisors, and so on. Those personnel are subject to Senate approval just like any other high-level appointment. But Trump, with his eye on the purported “deep state,” wants to go much […]

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The Dubious Conversion Therapy Case Being Pushed on the Supreme Court

Tingley’s lawsuit, which was first filed in 2021, was initially dismissed by a U.S. district court the same year; in 2022, the Ninth Circuit Court ruled that Washington’s conversion therapy ban did not violate the state Constitution. However, since there’s a split between the Third and Eleventh Circuit Courts, Tingley claims that the Ninth Circuit’s […]

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The Next Big Front in the Legal War Against the LGBTQ Community

Tingley’s lawsuit, which was first filed in 2021, was initially dismissed by a U.S. district court the same year; in 2022, the Ninth Circuit Court ruled that Washington’s conversion therapy ban did not violate the state Constitution. However, since there’s a split between the Third and Eleventh Circuit Courts, Tingley claims that the Ninth Circuit’s […]

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North Carolina Republicans Are About to Win Their War Against Democracy

The battle did not end there, however. In those midterm elections, voters elected two new conservative judges to North Carolina’s state supreme court. They quickly joined with their colleagues on the new 5-2 majority to overturn the court’s 2022 ruling, holding that partisan-gerrymandering claims now weren’t justiciable under the state constitution either. That closed the […]

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The Absurd Lawsuit That Could Bankrupt Planned Parenthood

Doe does not shy away from this; in fact, he claims a leading role. From 2013 to 2015, his suit states, Doe says he “conducted an extensive undercover investigation of Planned Parenthood,” including its “abortion services” and “fetal tissue donation and research program.” He characterizes this as “direct, independent, unique, and personal knowledge obtained during […]

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Bomb hoax leads Starship to temporarily suspend food delivery robots

VentureBeat presents: AI Unleashed – An exclusive executive event for enterprise data leaders. Network and learn with industry peers. Learn More A suspension of Starship Technologies’ autonomous food delivery service at Oregon State University Corvallis campus this week highlights an emerging challenge for companies operating robotics and unmanned vehicles — the potential for misuse and […]

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Judge to Donald Trump: STFU or Go to Jail

Even among his allies, Jordan’s shtick is beginning to “wear a little thin,” and he has possibly “worn out his welcome,” one senior House GOP member told Fox News’s Chad Pergram. Jordan’s long-shot bid to become speaker has only grown more fraught as the days have dragged on. In his first floor vote, 20 Republicans […]

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Texas-style justice: a sticking-plaster fix for UK prisons?

Prisons will release some “less serious offenders” on probation early to relieve overcrowding in jails in England and Wales, the justice secretary has announced. Writing for The Telegraph, Alex Chalk said the UK could learn from Texas, which has reduced sentencing verdicts for non-violent offenders and promoted probation and drug rehabilitation as alternatives to jail […]

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Pros and cons of compulsory voting

Keir Starmer’s Labour Party conference speech was interrupted by a protester calling for an “upgrade to the UK political system” and an overhaul of its democratic institutions and processes. But while it is common to identify the glaring flaws in Britain’s electoral system, David Klemperer said in a blog for The Constitution Society that “what […]

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Will the Supreme Court Make Life Worse for America’s Homeless?

Six years later, in Powell v. Texas, the high court upheld a state law that criminalized public intoxication. In that case, a plurality of justices reasoned that while Robinson’s ruling was still valid, the Texas law did not run afoul of it because it criminalized an act, not a status. Justice Thurgood Marshall, writing for […]

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