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Paul L. Caron
Dean
Pepperdine Caruso
School of Law

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  • Fired Davis Polk Tax Associate:Harvard Taught Me To Speak Out. Big Law Fired Me When I Did.

    Following up on my previous post, Davis Polk Axes Tax Associate Who Published Op-Eds Criticizing Trump: ‘Was He Heroic, Naive Or Full Of Himself?’: Harvard Crimson Op-Ed: Harvard Taught Me to Speak Out. Big Law Fired Me When I Did., by Ryan W. Powers (J.D. 2023, Harvard):

    PowersLast month, I was fired from my corporate law job. My offense? An article on the Trump administration’s threats to democracy.

    I went to Harvard Law School, where I was taught to think critically and interrogate systems of power. Like the majority of my classmates, I got a job at a big law firm.

    But it turns out that the lessons I learned at HLS were never meant to follow me there.

    In May, I wrote publicly about the threats to free speech and civil liberties if the federal government and Palantir struck a deal to surveil American citizens. Two weeks later, the New York Times reported they had.

    I was warned that speaking out might cost me my job — but I kept writing. Then I was fired.

    The incident is an example of a deeper collision — between the values universities purport to instill and the incentives inherent in the careers they most visibly promote. …

    Harvard instills a belief in reasoned discourse, principled advocacy, and the duty to serve the public good. That is a noble pursuit — and one worth preserving. But alongside it, there should be preparation for the difficulty of practicing those ideals. Students should be equipped not only with the tools of analysis, but with the frameworks to navigate what happens when those tools come into conflict with the systems they were trained to enter.

    Moreover, speaking out should not be treated as a deviation from professional success, but as part of its fullest expression. If we are serious about training leaders in law and public life, we must reckon with the question: What does it mean to teach ethical conviction if we fail to protect those who act on it?

    I didn’t end up in conflict with Harvard’s values — I ended up in conflict with a system where those values were never meant to survive. If the institution is serious about its mission, it must ensure that public-purpose work is not just possible, but supported and respected. And it must stand behind students not only when they succeed within the system, but also when they dare to question it.

    Editor’s Note: If you would like to receive a daily email with links to legal education posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/fired-davis-polk-tax-associate-harvard-taught-me-to-speak-out-big-law-fired-me-when-i-did.html

  • Divorcing Families Need Their Slice Of The TCJA Reversions

    John C. McDonald (BYU), Into the Sunset: Divorcing Families Need Their Slice of the TCJA Reversions, 50 BYU L. Rev. 531 (2024):

    BYU Law ReviewOn its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important piece in the puzzle: the marriage bonus. The marriage bonus, which rewards some couples with better results for filing jointly rather than separately, scaled proportionally with the pre- TCJA alimony subsidy and resulted in most couples receiving inferior tax treatment by choosing to divorce. Now, after the repeal of the subsidy, couples have an even worse result when they choose to separate.

    In the wake of the repeal of the alimony subsidy, some have praised the change’s improvements to the simplicity and consistency of the law, while others have mourned the loss of an important tax break that divorcing couples of the past leveraged to ease their transition out of the marriage bonus and into two separate and more expensive households. This Note analyzes both perspectives and suggests that the §§ 71 and 215 regime be reimplemented as part of the TCJA’s 2025 reversions with some minor improvements, including a compliance mechanism and a streamlined alimony calculation procedure. This restoration and improvement will return a much-needed benefit to recently divorced couples as they start their new lives.

    The repeal of the alimony subsidy was not properly justified at the time the TCJA was passed, but Congress has an opportunity to revisit the issue as the debate surrounding the 2025 TCJA reversions begins. This Note summarizes many of the arguments for and against the alimony subsidy’s restoration and posits that, given current information, the benefits of restoration outweigh the costs. Though further research and discussion regarding key implications are necessary, this Note provides a useful starting point for commentators to analyze whether the alimony subsidy should take its place with all the other provisions competing for their slice of the TCJA’s reversion as its sunset approaches.

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    https://taxprof.typepad.com/taxprof_blog/2025/07/into-the-sunset-divorcing-families-need-their-slice-of-the-tcja-reversions.html

  • Transnationalization Of Legal Education: A Confluence Of Multiple Factors

    Md. Rizwanul Islam (North South University; Google Scholar), Transnationalization of Legal Education: A Confluence of Multiple Factors, 69 St. Louis U. L.J. 99 (2024) (reviewing Bryant Garth (UC-Irvine; Google Scholar) & Gregory Shaffer (UC-Irvine; Google Scholar), The Globalization of Legal Education: A Critical Perspective (Oxford University Press 2022)):

    St-louis-law-journalLegal education across many parts of the world is increasingly transnationalized. Transnationalized legal education is a metamorphosis propelled by a combination of factors, some endogenous to the law school and legal community, some exogenous to them. This review essay finds that globalization and reform of legal education are often part of a broader change within a state. Any reform of legal education is often chaotic, as it deals with human actors, not with value-free formulas. The engineers of reform of legal education have not been a single or cohesive force, but more often groups of reformers have coalesced with others to engender changes.

    Conclusion Despite the denationalization or internationalization of legal education, much of legal education remains local. However, what is local may change through the subtle transplantation of foreign dogmas and praxis imported by foreign-trained students becoming professors, policymakers, and lawyers. And as legal education globalizes, there may be some disquiet about universities not speaking or not speaking adequately to local actors, particularly the national bar and bench. Thus being transnational, while at the same time being equally responsive to national issues, may prove to be a challenge for some globallyoriented law schools. Legal education can be empowering, but access to legal education (in a meaningful way with access to adequate facilities conducive to quality learning) is a challenge.

    While the book is organized in a thematic rather than globe-trotting manner, the near omission of legal education in the Middle East (barring brief references to NYU at United Arab Emirates) is a bit striking. One possible explanation is that Middle Eastern legal education is predominantly religion-centric and is rarely transnational. However, this type of jurisdiction, where legal education reform has been relatively static or minimal, may be worth exploring in future works. Along a similar line, much of the analysis is devoted to globalized legal education; even within a core jurisdiction like the United States,215 the curricula of less globalized law schools remain mostly unexplored. Another overlooked phenomenon in the book is to what extent the law professoriate embraces changed curriculum and pedagogies. This is because a changed curriculum’s real transformation may often depend on how individual faculty members respond to it. These issues may be worth exploring in future research projects on the globalization of legal education. While the book tends to concentrate on ‘modernizing’ legal education through transnational transplanting, there may be local, non-transnationally driven efforts to modernize legal education, and future works may delve into that.

    Generally, legal academe has a limited role as the driver of the transnationalization of legal education. The SELA network in Latin America seems to be an exception in that it has been driven by academics. This is understandable due to the intrinsic connection of law and legal education to politics and political power. This is where the earlier seminal work of Duncan Kennedy seems to come true.216 This is not to say that the legal academe are powerless actors, as they may, through coalition with other actors such as donor agencies, prove to be a catalyst for change in legal education as the role played by Upendra Baxi of India implies. One peril of any form of legal education reform through foreign funding is that because legal education cannot claim value neutrality, the advocates of reform may do well to engage with traditional actors so as to avoid the castigation of importing “legal colonialism” in a hubristic manner. Another kind of transformation may, of course, take place through pedagogic practices by individual faculty members in their respective courses, which is dubbed as “reform at the periphery.”

    Although the authors seem to have rightly pointed out a relative push to a sort of legal or legalist empire, they are not euphoric. They do not argue that there is an irreversible trend to legalism. They accept that whether the trend holds in the future is uncertain as changes in the balance of power both nationally and internationally may tilt the balance either way.218 Thus, it would be difficult for legal education to retain its important role within a society unless authoritarian impulses can be restrained politically and socially. An authoritarian regime with heavy control over domestic polity or deep pockets may very well invest in the reform of legal education on national and foreign shores to effectuate rule by law, as opposed to rule of law. A fundamental contribution of the book is that it has depicted a more complex picture of transnationalized legal education beyond a mere transition from a local-centric curriculum to adopting a globalist focus to cater to the demands of globalization. Transnationalized legal education is a metamorphosis propelled by a combination of factors including: the rise of corporate legal firms, the competition for local and global influence, the pursuit of rewarding careers, and a complex web of exchange between the core and the periphery. The book amply demonstrates that the change in zeitgeist has often provided the impetus in transnationalizing legal education. That trend may persist for the foreseeable future.

    Editor’s Note: If you would like to receive a daily email with links to legal education posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/-transnationalization-of-legal-education-a-confluence-of-multiple-factors.html

  • Athletic Performance And State Tax Rates: Why NBA Players Perform Worse In High-Tax States

    Michael Conklin (Texas A&M; Google Scholar), Athletic Performance and State Tax Rates: Why NBA Players Perform Worse in High-Tax States, 21 Md. J. Bus. & Tech. L. ___ (2025):

    SSRNThis Article presents the results of a novel empirical study measuring the impact of state income tax rates on professional athletic performance. While prior scholarship established that state tax burdens influence where athletes choose to play and the financial dynamics of team rosters, this groundbreaking study provides a significant advancement in the field by demonstrating a statistically significant relationship between state tax rates and athletic performance. The implications of this groundbreaking result are far reaching, applying to the cognitive anchoring heuristic, recent changes to state and local tax (SALT tax) deductions, and even racial bias. Furthermore, this result is relevant in corporate America where the rise of remote work has increased the ability of workers to relocate to more tax-friendly states.

    By creating a novel framework to measure athlete performance in isolation from the effects of opposing players, this study will hopefully serve as a powerful catalyst to spark future research in this emerging field. The findings have broader implications for discussions of competitive balance in professional sports, the behavioral effects of tax policy, and the psychological dimensions of high-income taxation. By demonstrating that tax policy can influence not only financial decisions but also individual performance, this research expands the conceptual reach of tax law and invites further interdisciplinary inquiry.

    Editor’s Note: If you would like to receive a daily email with links to tax posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/athletic-performance-and-state-tax-rates-why-nba-players-perform-worse-in-high-tax-states.html

  • How 303(b)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, And Crises

    Kelly M. Gamble (Willamette), Breaking up with the Anti-Hero: How 303(b)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, and Crises, 77 Me. L. Rev. 69 (2025):

    Maine lawThe American Bar Association’s issuance of Standard 303(b)(3) represents a pivotal shift compelling law schools to adapt their approach to the evolving needs of law students, lawyers, and the profession. The Standard serves as an invitation to reevaluate the relationship between the primary curriculum and student support frameworks.

    This Article proposes a comprehensive approach to infuse professional identity development throughout the first year of law school. While professional identity development requires ongoing efforts, sometimes tailored to particular practice interests, this Article contends that all students benefit from early explicit instruction on foundational professional identity competencies.

    This Article first outlines the current challenges facing law schools, including the strains on students and the evolving landscape of legal education. Next, it provides a short overview of the history and evolution of professional identity mandates. Then, it examines the intersection between student success theories and professional identity development and the qualities shared by both. Finally, it offers practical strategies for integrating early-stage professional identity development into the first-year experience, emphasizing the importance of a holistic and integrated approach.

    By embracing the mandates of ABA Standard 303(b)(3) and integrating professional identity development into the core curriculum, law schools can foster the growth of well-rounded, ethical practitioners, ultimately contributing to a stronger legal profession and civil society.

    Editor’s Note: If you would like to receive a daily email with links to legal education posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/how-303b3-can-help-law-schools-mitigate-their-perennial-devices-prices-vices-and-crises.html

  • Addressing The Exclusion Of Undocumented Immigrants From Income Tax Benefits And Designing A Solution

    Gabriela Amaral (J.D. 2024, Cardozo), Who Gets to Reap What They Sow? Addressing the Exclusion of Undocumented Immigrants from Income Tax Benefits and Designing a Solution, 30 Cardozo J. Equal Rts. & Soc. Just. 747 (2024):

    Cardozo journal of equal rights and social justiceSupport for immigration into the United States and for advancing the ways that people can gain legal status in the United States is often undermined by the misconception that immigrants do not “contribute” to the economy. However, the reality is that undocumented immigrants pay billions of dollars in taxes every year in the United States. In fact, “the best evidence suggests that at least fifty percent of undocumented immigrant households currently file income tax returns using Individual Tax Identification Numbers (“ITINs”), and many who do not file income tax returns still have taxes deducted from their paychecks.” Currently, there are roughly 11.4 million undocumented immigrants in the United States. The Internal Revenue Service (“IRS”) estimates that as of 2010, about 3.1 million unauthorized5 immigrants were paying Social Security taxes. Thus, while undocumented immigrants cannot vote on any state, local, or federal tax laws, more than half of undocumented immigrants in the United States go out of their way to file annual federal and state income tax returns.

    Further, undocumented immigrants cannot claim the direct benefits of their tax contributions. Thus, despite the substantial amount of money that undocumented immigrants contribute by paying income taxes, they are ineligible to receive the Social Security benefits resulting from their contributions.

    In the interests of economic fairness and equal protection under the law, undocumented immigrants who contribute to federal and state income taxes should be eligible for benefits. The most efficient way of reforming this issue may lie in a more liberal work authorization policy that grants asylum applicants work authorization as soon as they enter the United States, rather than only reforming the tax scheme as a post hoc solution.

    In order to contextualize the impact of immigrant contributions to the American income scheme, Part II of this Note provides background on the U.S. income tax scheme and details immigrant contributions to federal and state income taxes. Part III introduces the problem of undocumented workers being disproportionately excluded from Social Security benefits, despite their positive contributions, leading to inequity in U.S. labor and taxation practices. Part IV details a legal analysis grounded in the Equal Protection Clause and explains why undocumented immigrants should be eligible for benefits on their income tax contributions. Part V explains this Note’s policy proposal, which proposes to include undocumented individuals in the Social Security Fund (“SSF”) without disruptions or amendments to the tax scheme as it exists today. Lastly, Part VI provides an explanation regarding the benefits of including tax-paying undocumented immigrants in the U.S. Social Security benefits scheme while also illustrating the challenges and shortcomings of the proposed solution.

    The Tax Justice Network’s June 2025 update to the Financial Secrecy Index introduced new data points focusing on countries’ commitments under the Multilateral Convention on Mutual Administrative Assistance in Tax Matters (MAAC). The analysis shows that despite growing membership in the MAAC, many jurisdictions — particularly major financial centers— exploit reservations and opt-outs to limit their cooperation. In addition, most of the jurisdictions that are ranked high on the index, refuse to assistance in collecting foreign tax debts and avoid information exchange on non-compulsory taxes such as inheritance, wealth, and digital services taxes, often reserving these powers for selective bilateral agreements.

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    https://taxprof.typepad.com/taxprof_blog/2025/07/addressing-the-exclusion-of-undocumented-immigrants-from-income-tax-benefits-and-designing-a-solutio.html

  • Ganor:The Curious Case Of Reverse Morris Trusts

    Mira Ganor (Texas), The Curious Case of Reverse Morris Trusts, 19 Va. L. & Bus. Rev. 227 (2025):

    This Article analyzes the Reverse Morris Trust (RMT) transaction and shows that RMTs present a unique case of corporate governance. In an RMT the shareholders are positioned on both sides of the transaction while management is not, thus creating a misalignment of interests, which can be detrimental to the shareholders and potentially lead to inefficient transactions.

    RMT

    This Article shows that the common use of a split-off as part of the RMT transaction can benefit informed shareholders at the expense of unsophisticated shareholders. To address these concerns, this Article puts forward a proposed amendment to the tender offer rules—a default contingent tender rule.

    Editor’s Note: If you would like to receive a daily email with links to tax posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/ganor-the-curious-case-of-reverse-morris-trusts.html

  • Law Firm Signing Bonuses For Federal District And Appellate Court Clerkships Have Increased To $125,000-$180,000

    Above the Law, No. 2 Biglaw Firm In America Increases Its Bonuses — For Law Clerks!:

    Numerous sources tell us that Latham & Watkins — a firm that brought in $7,000,000,000 gross revenue in 2024, putting it at No. 2 on the Am Law 100 — has increased its signing bonus for all federal district and appellate court clerkships to $125,000. For a second qualifying clerkship, the firm offers an additional $25,000, for a total signing bonus of $150,000. …

    So, which other firms are offering six-figure bonuses to former clerks? Hueston Hennigan offers a market-leading $180,000 bonus (Opens in a new window) to federal clerks who join the firm.

    Editor’s Note: If you would like to receive a daily email with links to legal education posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/law-firm-signing-bonuses-for-federal-district-and-appellate-court-clerkships-have-increased-to-12500.html

  • Bank Robber-Turned Georgetown Law Professor Found Guilty of Assaulting Wife

    Following up on my previous posts (links below): Washington Post, Former Robber Turned Law Professor in D.C. Found Guilty of Assaulting Wife:

    Hopwood2Shon Hopwood spent nearly 11 years in prison for robbing five banks in Nebraska in the late 1990s. After his release, he reinvented himself, graduating from law school, joining the law faculty at Georgetown University in 2017 and becoming a White House adviser on criminal justice reform.

    Now Hopwood, 50, faces another stint in prison. He was convicted Friday of assaulting his wife, ignoring a judge’s order to stay away from her and trying to get her to drop the charges against him.

    A D.C. Superior Court jury of eight men and four women found Hopwood guilty of 11 out of 12 charges. Hopwood, who was released from custody shortly after his arrest in 2023, showed no emotion as the verdicts were read, chewing gum as he sat next to his attorney. After prosecutors asked Judge Errol Arthur to order Hopwood jailed pending his sentencing, set for Sept. 18, Hopwood spoke up.

    “I will not flee,” he told the judge.

    But Arthur agreed with prosecutors and ordered Hopwood to be held. He could face several years in prison, and his sentence could be enhanced because of his earlier bank robbery offenses.

    During the emotional, weeks-long trial, Hopwood repeatedly denied allegations that he slapped, pushed and shoved his wife of 16 years, Ann Marie Hopwood, in front of their teenage children. Hopwood’s daughter, who broke down in tears on the witness stand, testified against him, describing the abuse.

    “I loved him. I wanted to be loyal to him. I didn’t want to get him in trouble. I hoped things would change,” Ann Marie Hopwood told the jury. “But if I asked too many questions, he would get irritated.”

    She said the abuse started as verbal, then turned physical. A chipped tooth, a broken pinkie finger and bruises on her forehead, back and arms — all resulting from her husband’s hands. Hats, sunglasses, long-sleeve shirts in the summer and medical face masks were part of her regular attire at one point, she said. …

    The two are now legally separated. A Georgetown University spokesperson said Hopwood is on leave from the law school.

    Prior TaxProf Blog coverage:

    Editor’s Note: If you would like to receive a daily email with links to legal education posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/bank-robber-turned-georgetown-law-professor-found-guilty-of-assaulting-wife.html

  • The Solution To Pope Leo’s Tax Problems

    Following up on my previous post, Will Tax Complexity Force Pope Leo To Renounce His U.S. Citizenship?: Libin Zhang (Fried Frank, New York), Papal-American Tax Problems and a Solution, 187 Tax Notes 2093 (June 16, 2025):

    Pope LeoOn May 8 the College of Cardinals elevated the American-born Robert Francis Prevost to be the newest Pope of the Roman Catholic Church, whereupon he chose the regnal name Leo XIV. Many commentators have noted the Pope’s tax challenges as a U.S. citizen subject to U.S. federal income taxation on worldwide income. Tax practitioners have also considered analogous situations in history and tradition: Prince Albert II, the son of American actress Grace Kelly, renounced his U.S. citizenship before he became the Prince of Monaco in 2005; Thai King Rama IX was born in Cambridge, Massachusetts; American teenager Mia Thermopolis became a princess and heir to the Kingdom of Genovia; American journalist Amber Moore married into the royal family and became a queen of the Kingdom of Aldovia; and American actress Meghan Markle married into a cadet branch of the House of Mountbatten-Windsor based in London.

    The Pope’s U.S. federal income tax issues can be mitigated by Vatican City creating and imposing a personal income tax that is substantially similar to the U.S. income tax. The Pope would pay the Vatican City income tax and then use the U.S. foreign tax credit to reduce his U.S. federal income tax to zero. A Vatican City income tax would also allow the city-state to be in the good graces of American tax law professors and government officials who complain about small countries with low or zero income taxes.

    This article does not discuss the practical and theological concerns with a new Vatican City income tax, including whether it would require an ecumenical council or could be enacted by a papal proclamation ex cathedra.

    Editor’s Note: If you would like to receive a daily email with links to tax posts on TaxProf Blog, email me here.

    https://taxprof.typepad.com/taxprof_blog/2025/07/the-solution-to-pope-leos-tax-problems.html

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