Some of his arguments around the ban have not stood up to close scrutiny and many observers have been disappointed by how quickly he reaches for the flimsy "compensation culture" argument to back up his case.
Mr. Geffen contends in the lawsuit that the access way amounts to a "taking of property without compensation," an argument that conservatives have used in environmental fights for years.
In advance of next month's meeting, that campaign took Mr. Disney and Mr. Gold to Mr. McGurn's Rockville, Md., office on Feb. 2. In their presentation, the two men outlined what they said was Mr. Eisner's excessive compensation and their argument for splitting the jobs of chief executive and chairman, Mr. McGurn said.
Some tax protesters cite a case called Conner v. United States, with a quotation that "Congress has taxed income, not compensation" for the argument that wages are not taxable.
In short, this particular employment dispute is far from a purely private argument over compensation".
Kenneth Munoz, the former general counsel for Madison Square Garden, witnessed the argument for compensation from the management side after Pat Riley resigned as coach of the Knicks and Mike Keenan left the Rangers.
That results in better compensation, which undercuts the argument that noncompete clauses result in overall gains for employees.
The United States Court of Appeals for the Eighth Circuit has stated: "Taxpayers' argument that compensation for labor is not constitutionally subject to the federal income tax is without merit.
Given this reality, it seems the UC may have better luck looking towards its executive ranks (John Falle, the author of UC's public comment opposing the overtime rules makes $285K in his role as Associate VP of Federal Government Relations) if it wants to make a credible argument about compensation costs impacting the quality of research.
"It ascribes no guilt, calls for no arguments about compensation".
