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Full-Text Articles in Law
Myth Of Ownership / Myth Of Government, Jeffrey Schoenblum
Myth Of Ownership / Myth Of Government, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
Indisputably, the lives of all individuals, now and throughout history, have not been commensurate in every respect. No individual has the most of everything at all times - net worth, love, happiness, security, companionship, fame, food, land, grandchildren, or whatever else he or she values.1 Nevertheless, a utopian strain in intellectual thought, emanating as the Enlightenment afterglow,2 continues to place its faith in the public construction of an ersatz equality that has never existed naturally.3 The Myth of Ownership, a recent book by two New York University law/philosophy professors, Liam Murphy and Thomas Nagel, is a striking exemplar of this …
I Come Not To Praise The Corporate Income Tax, But To Save It, Herwig J. Schlunk
I Come Not To Praise The Corporate Income Tax, But To Save It, Herwig J. Schlunk
Vanderbilt Law School Faculty Publications
This Article began with a search for a theoretical underpinning that could explain the structure of the current corporate income tax regime, and found such underpinning lacking. It proposed an alternative underpinning for a "corporate" income tax based on the theory of the firm. The basic idea is that every firm generates incremental economic returns that would not be achieved but for its organizational structure as a firm. Thus, a sovereign could rationally choose to confiscate a portion of such returns, since it has made such returns possible (by enacting legislation that recognizes firms, etc.). (Whether or not a sovereign …
How I Learned To Stop Worrying And Love Double Taxation, Herwig J. Schlunk
How I Learned To Stop Worrying And Love Double Taxation, Herwig J. Schlunk
Vanderbilt Law School Faculty Publications
This Article is divided into three Parts. The first Part is devotedto an example demonstrating that, while double taxation may be gratuitous in a purely domestic context, it invariably becomes necessary in a multinational context. The second Part formalizes and generalizes the example, and concludes that double taxation is not only necessary in a multinational context, but also in any multi-period domestic context. The third Part contains a few policy prescriptions that, I fervently hope, will guide future administrations.