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Mark Gergen Comments on Constitutionality of Internet Use Tax

CNET News, Politics and Law, April 14, 2010 by Declan McCullagh
http://news.cnet.com/8301-13578_3-20002434-38.html

Mark Gergen, a tax law professor at the UC Berkeley School of Law, says he’s not aware of any previous cases that would resolve whether a state can “impose an information reporting requirement on a foreign merchant if there is insufficient nexus to require the merchant to collect and remit a use tax.” It’s “difficult to predict how a court would come out on the question,” Gergen says.

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Mark Gergen Considers Impact of Wyeth v. Levine Pre-emption Ruling

Inside Counsel, May 1, 2009 by Melissa Maleske
http://www.insidecounsel.com/Issues/2009/May%202009/Pages/Preemption-Rejection.aspx?PrintPreview

“They haven’t closed the door on implied pre-emption, but it’s not a very wide open door,” says Mark Gergen, a Berkeley Law School professor who co-authored an amicus brief in support of Levine.

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Mark Gergen Opposes University’s Move to Bar Legal Clinic from Cases against School

Haaretz, Dec. 11, 2008 by Ruth Sinai
http://www.haaretz.com/hasen/spages/1045093.html

In a letter, Gergen said the decision would harm Tel Aviv University’s reputation. It is crucial, he wrote, that universities do not intervene in law clinic decisions about which clients to represent.

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In the News



Mark Gergen Comments on Constitutionality of Internet Use Tax

CNET News, Politics and Law, April 14, 2010 by Declan McCullagh
http://news.cnet.com/8301-13578_3-20002434-38.html

Mark Gergen, a tax law professor at the UC Berkeley School of Law, says he’s not aware of any previous cases that would resolve whether a state can “impose an information reporting requirement on a foreign merchant if there is insufficient nexus to require the merchant to collect and remit a use tax.” It’s “difficult to predict how a court would come out on the question,” Gergen says.


Mark Gergen Considers Impact of Wyeth v. Levine Pre-emption Ruling

Inside Counsel, May 1, 2009 by Melissa Maleske
http://www.insidecounsel.com/Issues/2009/May%202009/Pages/Preemption-Rejection.aspx?PrintPreview

“They haven’t closed the door on implied pre-emption, but it’s not a very wide open door,” says Mark Gergen, a Berkeley Law School professor who co-authored an amicus brief in support of Levine.


Mark Gergen Opposes University’s Move to Bar Legal Clinic from Cases against School

Haaretz, Dec. 11, 2008 by Ruth Sinai
http://www.haaretz.com/hasen/spages/1045093.html

In a letter, Gergen said the decision would harm Tel Aviv University’s reputation. It is crucial, he wrote, that universities do not intervene in law clinic decisions about which clients to represent.



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