Regardless of whether the Court correctly applied the dormant Commerce Clause in Wynne, the decision is now the law (absent a very unlikely intervention by Congress, which has plenary power under the Commerce Clause), and, as noted above, it will work to the financial detriment of the many state political subdivisions that have income tax structures like the county income tax component of the Maryland income tax. Residents of such political subdivisions who were not granted an income tax credit should not yet, however, count their refunds or plan on obtaining credits in future tax years. A tax structure like the one at issue in Wynne would be “internally consistent” and not discourage interstate commerce if nonresidents were not subject to the given jurisdiction’s income tax. Thus, political subdivisions that have relatively few nonresident taxpayers but many resident taxpayers with interstate income could comply with Wynne by granting refunds to the … [Read more...] about Supreme Court to Maryland City: Drop Dead – State Income Tax Violates Dormant Commerce Clause
Bronx county supreme court
Bronx County Supreme Court Justice Douglas McKeon starts by asking families to tell him about their loved one, reports the Associated Press. His “judge-directed negotiations” and the “humanness” with which he conducts them are intended to provide the justice that plaintiffs are seeking, rather than simply a financial award, according to the article. … [Read more...] about Judge Settles Med Mal Cases with a Measure of Sympathy
• Elena Kagan, U.S. Solicitor General. Dean of the Harvard Law School at the time of our November story, Kagan had her 1999 nomination by President Clinton for the U.S. Court of Appeals for the District of Columbia Circuit blocked by the Senate Judiciary Committee, then controlled by Republicans. Kagan, 48, whose academic work focused on First Amendment issues and administrative law, is considered a skilled consensus builder. … [Read more...] about Who Will Replace Justice Souter?
In his dissent, Justice Rolando Acosta says that the four-judge majority’s “unbridled judicial activism effectively upends tens of thousands of misdemeanor convictions in Bronx County over the past five years,” reports the New York Law Journal. … [Read more...] about ‘Unconstitutional’ Merger of NY Courts Puts 1000s of Misdemeanor Convictions in Doubt
Born in Chennai, Ms. Rajeswari migrated to the US as a teenager. She worked with the Richmond County District Attorney’s Office for her entire career in several bureaus including Criminal Court, Narcotics, Supreme Court, and the Sex Crimes Special Victims Bureau, where she last served as Deputy Chief. She has served in the district attorney’s office for the past 16 years and has been the deputy chief of the Special Victims Unit for more than four years. … [Read more...] about Raja Rajeswari becomes New York City’s first India-born woman Judge