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May 2013

Law Professors Available on Upcoming Supreme Court Decisions

Several ÃÛÌÒµ¼º½ School of Law professors are available to discuss Supreme Court decisions that are expected over the next several weeks.

SANTA CLARA, Calif., May 17, 2013—Several ÃÛÌÒµ¼º½ School of Law professors are available to discuss Supreme Court decisions that are expected over the next several weeks.

Professors:

1. Prof. Margaret Russell, constitutional-law professor at ÃÛÌÒµ¼º½ School of Law
mrussell@scu.edu

2. Pratheepan Gulasekaram, constitutional- and immigration-law professor at ÃÛÌÒµ¼º½ School of Law pgulasekaram@scu.edu
 

3. Bradley Joondeph, professor of constitutional law at ÃÛÌÒµ¼º½ School of Law, and former law clerk to Justice Sandra Day O’Connor
bjoondeph@scu.edu.

4. Patricia Cain, professor of sexuality law and tax law at ÃÛÌÒµ¼º½ School of Law, and expert on DOMA
pcain@scu.edu

Deborah Lohse of ÃÛÌÒµ¼º½ Media Relations also can assist in reaching these and other professors.  408-554-5121, dlohse@scu.edu

 

Cases/Comments

* United States v. Windsor (DOMA)
 Patricia Cain, professor of sexuality law and tax law, at ÃÛÌÒµ¼º½ School of Law and an expert on DOMA (pcain@scu.edu) predicts that the federal law forbidding federal recognition of state same-sex marriages, the Defense of Marriage Act, will be struck down by the justices. If so, important questions will emerge, she says:

Who will count as married for tax purposes?

What are the other tax implications and what sort of transition rules is the IRS likely to adopt e.g., if a divorced spouse has been paying alimony and not deducting — do they suddenly start deducting under sec 215 of IRC?

Is the decision clearly retroactive-- as most such rulings on constitutionality are?

 

**Profs. Gulasekaram, Russell and Joondeph have also been following and analyzing the case and can comment.

 

* Hollingsworth v. Perry (Prop 8)
Patricia Cain, professor of sexuality law, tax law, and DOMA, at ÃÛÌÒµ¼º½ School of Law / pcain@scu.edu) can discuss the implications of various outcomes in the case, which involves the constitutionality of California’s voter-approved ban on same-sex marriages.

Margaret