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The Pocket Part, April 01, 2008
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This week, The Pocket Part presentes the second of two issues on recent developments in courts and legislatures. In this installment, we survey a variety of interesting trends among state legislatures.
First, Mitchell M. Gans, Bridget J. Crawford & Jonathan G. Blattmachr
comment on new state laws that establish descendible rights of
publicity. Authors argue that such laws may have unforeseen federal estate tax consequences. They
propose revisions to the new laws to avoid an unintended tax bite for
heirs.
Next, Kamal Ghali discusses a new internal procedural rule implemented by
Georgia's state legislature. House Rule 11.8 gives the Speaker
unprecedented legal power to control the function of legislative
committees. Ghali argues that argues that Rule 11.8 is an abuse of
the committee system, which should push legal scholars to theorize
about the normative value of allowing such laissez-faire organization
of our legislatures.
Christen Linke Young discusses a new trend among states interested in
resource preservation to rely on tax incentives to encourage voluntary
efforts. Young discusses key issues facing states contemplating such measures.
Finally, Jeffrey M. Hirsch
argues for the elimination of state authority to regulate the
workplace. Hirsch argues that scholars are overly optimistic about the
ability of federalism to improve workplace regulation.
As with our last state law issue, you will find links to audio
Podcasts of the Commentaries at the end of each piece. The Podcasts are
in mp3 format for listening online or downloading into to portable
audio players.
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