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Court declines to endorse warrantless entries in all “hot pursuits” for misdemeanors

Opinion analysis By Amy Howe on Jun 23, 2021 at 4:02 pm The Supreme Court ruled on Wednesday that when police are pursuing someone for a misdemeanor, that pursuit does not automatically create the kind of emergency that allows the officer to follow the suspect into a home without a warrant. The court acknowledged that […]

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Net Operating Loss Policies in the OECD

Table of Contents Key Findings Net operating loss (NOL) deductions (carryforwards and carrybacks) help ensure that businesses are taxed on their average profitability, which makes the tax code more neutral across businesses and over time. Ideally, countries should allow their businesses to carry their losses forward and back without any limits. However, no OECD country […]

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From 9th grade study hall to the Supreme Court

SCOTUStalk By SCOTUStalk on Jun 22, 2021 at 5:55 pm Anna Salvatore started High School SCOTUS as a way to explain the Supreme Court’s work to high schoolers. After early success, the site has blossomed into a nationwide publication pulling in high school journalists from across the country – students like freshman Elise Spenner. Salvatore and […]

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Tax Reform’s Broader Corporate Tax Base Opens More to Biden’s Proposed Rate Hike

As Congress considers President Biden’s proposal to raise the corporate tax rate from 21 percent to 28 percent, it is important to remember that the Tax Cuts and Jobs Act (TCJA) of 2017 expanded the corporate tax base. A broader corporate tax base means that increasing the tax rate will have a larger impact on […]

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Justices dismiss challenge to “remain in Mexico” policy

SCOTUS News By Amy Howe on Jun 21, 2021 at 8:52 pm On a day on which the court issued major rulings on college sports and securities law, the order list from the justices’ private conference last week made less of a splash on Monday morning. The court did not add any new cases to […]

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Eight Ways to Compare the Biden Proposals to the Global Minimum Tax

Recent discussions of a global minimum tax may lead many to believe that there is just one proposal being discussed for the world. That is not the case. While President Biden has led a renewed effort on global negotiations over minimum taxation, his own proposals for U.S. companies differ significantly from proposals that had previously […]

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Protecting free exercise under Smith and after Smith

Symposium By Thomas Berg and Douglas Laycock on Jun 19, 2021 at 6:37 pm This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Thomas C. Berg is the James L. Oberstar professor of law and public policy at the University of St. Thomas (Minnesota). Douglas Laycock is […]

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Evaluating police shootings and clarifying the harmless-error rule

PETITIONS OF THE WEEK By Mitchell Jagodinski on Jun 19, 2021 at 7:57 am This week we highlight cert petitions that ask the Supreme Court to consider, among other things, how appeals courts should apply the “harmless error” rule in criminal cases, and whether police officers’ use of force can violate the Fourth Amendment if […]

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From the court, a vindication of faith-based service. From Alito, a blueprint for the future.

Symposium By Andrea Picciotti-Bayer on Jun 18, 2021 at 4:37 pm This article is part of a symposium on the court’s decision in Fulton v. City of Philadelphia. Andrea Picciotti-Bayer is the director of the Conscience Project and previously was the legal adviser to the Catholic Association. Anti-Catholic bigotry is not a thing of the […]

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Boost Semiconductor Manufacturing by Removing Tax Barriers—Not Creating Tax Subsidies

A bipartisan group of Senators introduced the Facilitating American-Built Semiconductors (FABS) Act this week to create a permanent 25 percent investment tax credit for investments in semiconductor manufacturing equipment and construction of related facilities—but their proposal would not address underlying bias against investment that exists in the tax code today. Rather than provide industry-specific tax […]