Black v. Dist. Ct., 141 Nev. Adv. Op. 18 (Apr. 17, 2025)

Direct claims are unique to shareholders and pursuable in state court, while Derivative claims affect the corporation as well

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Nothing to Gain: The Disparate Impact of the Capital Gains Tax Preference on Women and Persons of Color

Tax preference provisions are scattered across the Internal Revenue Code, and the capital gains tax rate offers an enormous advantage for wealthy taxpayers. When first enacted, it was touted as eliminating the “lock-in effect” which caused investors to hold on to their investment property. Today, it is justified as encouraging investment and eliminating gains produced merely by the passage of time. The provision’s unequal benefits are hidden from the picture. Although not overtly dis-criminatory, the preference operates as a tax cut for the wealthy. Women and per-sons of color see little benefit from the lower tax rate. The difficulty of comparing tax data by gender, race, and ethnicity exacerbates this inequity. The exclusion of women and persons of color from the reduced tax rate contributes to the overall inequality of wealth, a situation that must be remedied. Historically, Congress has been reluctant to make meaningful adjustments to eliminate this built-in inequality, such as taxing unrealized gains or providing comparable benefits to women and persons of color. This Article provides a brief history of the capital gains preference, examines statistical income and wealth disparities based on gender and race, and proposes solutions to reduce the negative impact of the capital gains preference that leaves behind women and persons of color

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How far? The Territorial Scope of Cultural Heritage Protection

Professor Trimble delivered a presentation at the conference Botticelli v. Warhol: Comparative Perspectives on the Use of Cultural Heritage Images , hosted in Florence, Italy by the University of Florence, University of Stockholm, European University Institute, and Soprintendenza Archeologia Belle Arti e Paesaggio di Firenze, Pistoia e Prato