Going forward, the
bright-line rule will continue to deny the claims of Peace Corps volunteers, and similarly situated U.S.
Domestic Decisions and Foreign Fragility: Injuries Abroad and the Federal Tort Claims Act
United States and the establishment of the third-party doctrine as a
bright-line rule in United States v.
A NEW THIRD-PARTY DOCTRINE: THE TELEPHONE METADATA PROGRAM AND CARPENTER V. UNITED STATES
(154) With respect to "workability," as I noted earlier, a
bright-line rule by definition is never "unworkable" in the sense of being unclear or difficult to apply.
MUSINGS ON STARE DECISIS IN NEW YORK'S COURT OF LAST RESORT
Second, the Court could decide that physical presence is no longer the cornerstone of substantial nexus, and South Dakota's economic presence standard is sufficient to confer substantial nexus without sanctifying that law as the new
bright-line rule. Such a decision would avoid the criticism of judicial activism and is arguably consistent with the Court's historic approach to affirming specific state laws as constitutional.
Why Wayfair Won't Matter: Supreme Court case raises 'substantial nexus' controversy in Internet age, capturing attention of tax specialists - and the public
While the focus of these parts is on illustrating the flaws in the Sixth Circuit's legal analysis, it will also introduce the complications that arise from the Ninth Circuit's average audience test, which do not exist under the Sixth Circuit's simpler,
bright-line rule. Part IV will introduce scholarly criticism of another test used in copyright contexts--the substantial similarity test--and examine the ways in which the average audience test announced by the Ninth Circuit in VMG Salsoul shares the same flaws for which the substantial similarity test has been criticized.
RETURN OF THE DE MINIMIS EXCEPTION IN DIGITAL MUSIC SAMPLING: THE NINTH CIRCUIT'S RECENT HOLDING IN VMG SALSOUL IMPROVES UPON THE SIXTH CIRCUIT'S HOLDING IN BRIDGEPORT, BUT RAISES QUESTIONS OF ITS OWN
644, 646 (2014) (providing an analysis of "
bright-line rules and open-ended standards" and "with what degree of specificity should the [c]ourt[s] enunciate controlling principles of doctrine").
Imputed liability: How to determine when parent companies should be held liable for the patent infringements of their subsidiary companies
(61) Other commentators have pointed out that "post-expiration royalties merely amortize the price of using patented technology" and therefore do not represent an extension in time of the patented monopoly." (62) Economists have called the Brulotte
bright-line rule "flawed" and contend that "allocative efficiency considerations should permit a licensor and licensee to agree to royalty terms." (63) Contrary to the reasoning in Brulotte, U.S.
SPIDERMAN, PATENTS AND ROYALTY ARRANGEMENTS: UNTANGLING WHAT KIMBLE MEANS IN PRACTICE AND HOW TO WEAVE AROUND BRULOTTE'S ECONOMIC CONSTRAINTS
Quill
bright-line rule analysis: The DMA argued that the bright-line physical presence test in Quill, which requires a retailer's physical presence in a state for the state to require a retailer to collect sales and use tax for the state, applied to the notice and reporting law.
Appeals court upholds Colorado use tax reporting law
Another example of a cliff effect used as a
bright-line rule for purposes of categorization is found in the definition of a nonchild relative qualifying as a dependent.
The hidden costs of cliff effects in the Internal Revenue Code
Kimble decision means that the
bright-line rule will continue to apply until the Supreme Court feels justified to overturn Brulotte.
Spider-Man and the tangled web of the Kimble v. Marvel decision
the Miranda warning itself reflects a
bright-line rule, courts must
Rules against rulification
The CFAA can be reduced to a
bright-line rule drawn around a box: if a person has no authorization to open the box, or exceeds authorization, then access to information inside the box is outlawed.
COMPUTER FRAUD AND ABUSE OR PROSECUTORIAL FRAUD AND ABUSE: TIME FOR CHANGE
He suggests a
bright-line rule regarding searches of digital devices incident to arrest which he hopes the Supreme Court of Canada will adopt when it considers the Fearon case in the next few months.
Introduction
Under previous guidance from the Securities and Exchange Commission, the definition of "knowledgeable employee" was not subject to a
bright-line rule and required analysis on a case by case basis.
Private funds: are you a "knowledgeable employee"? Newly released guidance from the SEC expands on the knowledgeable employee exemption
That standard provides a
bright-line rule for taxpayers and tax administrators, protects against the retained jurisdiction over taxpayers with de minimis activity in a state, and furthers the goals underlying the Court's Dormant Commerce Clause doctrine.
The tax hangover: trailing nexus