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Consumer Bankruptcy Should be Increasingly Irrelevant - Why Isn\u27t It?
Get PDFThere are important reasons why consumer bankruptcy remains relevant, even if consumers’ and bankruptcy’s interests have diverged. Some of these reasons suggest that it is more relevant than ever. The remainder of this response overviews the place consumer bankruptcy presently occupies in the United States. In doing so, I detail why consumer bankruptcy remains relevant in the face of a socio-economic structure and of laws that suggest that bankruptcy may not be a particularly useful place for struggling Americans to turn to for help. The response ends by calling for a bolder vision for consumer bankruptcy in light of the shifting place of the bankruptcy system in America’s increasingly thread-bare social safety net
Reforming State Corporate Income Taxes Can Yield Billions
Get PDFThe federal government should be providing states and localities with hundreds of billions of dollars in aid. The arguments against such aid, including the claim that the states have somehow been profligate, do not stand up to scrutiny. Nevertheless, it seems unlikely that the federal government will do enough, and it is already the case that the federal government is acting too slowly. States and local governments, which generally operate under balanced budget constraints, are, accordingly, already making sweeping cuts4 that will deepen the recession and reduce services when they are most needed.
Rather than make these cuts, it would be better to raise taxes on those that can afford to pay. In this essay, we will focus on one such set of taxpayers — large multinational corporations that have long circumvented both the state and federal corporate income taxes. Better yet, the reforms we propose represent good tax policy more generally: They are fair, efficient, and administrable. This essay is a contribution to Project SAFE: “State Action in Fiscal Emergencies” — an academic effort to help states weather the COVID-19 economic crisis by providing policy recommendations backed by research
Trusts and Estates
No full textStake’s Trusts and Estates casebook is designed as a teaching tool for a basic course in trusts and estates. This casebook is less willing than some to assume that the goal of following the decedent\u27s intent overrides other societal concerns. The book focuses on key cases and UPC provisions, with many fewer note cases than appear in standard casebooks, rather than providing hornbook-like coverage of the subject. The hope is that this narrower focus will make it easier for to students to understand what to study and perhaps make the book more readable than some casebooks. The casebook includes material from the 2019 amendments to the Uniform Probate Code. Stake\u27s book can be easily covered in a 3-hour course, or can be supplemented with local law for a 4-hour course.
The casebook includes a variety of policy questions for class discussion, from questions about the justice and efficiency of various UPC provisions to questions about the roles of courts and legislatures in making policy choices.https://www.repository.law.indiana.edu/facbooks/1225/thumbnail.jp
Arizona\u27s Torres v. Terrell and Section 318.03: The Wild West of Pre-Embryo Disposition
Get PDFIn this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process and equal protection grounds. Finally, this Note concludes that, because the initial Torres ruling and section 318.03 create significant legal and policy concerns, in addition to constitutional concerns, patients considering IVF in Arizona should be very cautious
