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Articles 1 - 11 of 11
Full-Text Articles in Law
Criteria Of International Tax Policy, Herbert I. Lazerow
Criteria Of International Tax Policy, Herbert I. Lazerow
San Diego Law Review
Professor Joseph Sneed a generation ago developed seven macro-criteria for evaluating income tax changes. This Article asks whether those criteria are useful in the general field of international income tax. I conclude that Adequacy, Practicality, Equity, and Free Market Compatibility are important internationally, as is a new criterion, Balance-of-payments Enhancement, while the criteria of Reduced Economic Inequality, Stability and Political Order do not figure prominently in international tax.
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
Akron Law Faculty Publications
This article is the first complete normative and descriptive treatment of the modern civil rights remedy -- the prophylactic injunction. The prophylactic remedy is a public law injunction that uniquely restricts legal conduct that is affiliated with, but distinct from, the illegal wrong. The United States Supreme Court has utilized prophylactic remedies for over forty years, and has used the prophylactic paradigm to shape its jurisprudence on Section 5 of the Fourteenth Amendment. Prophylaxis, however, remains an ambiguous concept in the eyes of most scholars and lawyers. This article attempts to fill the academic void by exploring the doctrinal and …
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
Tracy A. Thomas
This article is the first complete normative and descriptive treatment of the modern civil rights remedy -- the prophylactic injunction. The prophylactic remedy is a public law injunction that uniquely restricts legal conduct that is affiliated with, but distinct from, the illegal wrong. The United States Supreme Court has utilized prophylactic remedies for over forty years, and has used the prophylactic paradigm to shape its jurisprudence on Section 5 of the Fourteenth Amendment. Prophylaxis, however, remains an ambiguous concept in the eyes of most scholars and lawyers. This article attempts to fill the academic void by exploring the doctrinal and …
Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel
Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes
The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes
ExpressO
No abstract provided.
Ethics And The Legitimation Of The Pursuit Of Equity In School Finance, James Gordon Ward
Ethics And The Legitimation Of The Pursuit Of Equity In School Finance, James Gordon Ward
Saint Louis University Public Law Review
No abstract provided.
Constitutional Challenges To State Education Finance Distribution Formulas: Moving From Equity To Adequacy, R. Craig Wood
Constitutional Challenges To State Education Finance Distribution Formulas: Moving From Equity To Adequacy, R. Craig Wood
Saint Louis University Public Law Review
No abstract provided.
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Debt Investments In Competitors Under The Federal Antitrust Laws, Hanno F. Kaiser
Debt Investments In Competitors Under The Federal Antitrust Laws, Hanno F. Kaiser
Fordham Journal of Corporate & Financial Law
No abstract provided.
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah Brake
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah Brake
Articles
This Article addresses the problem of leveling down as a response to discrimination. Existing case law and legal scholarship generally assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or worsening the treatment of the favored group until they fare as badly as everyone else. The term "leveling down" refers to the latter response. This Article contends that courts and commentators have overstated the flexibility of equality rights in accepting leveling down as a response to inequality, and proposes a new framework that …
A Profusion Of Chancery Reform, James Oldham
A Profusion Of Chancery Reform, James Oldham
Georgetown Law Faculty Publications and Other Works
The refrain that law and equity cannot peaceably cohabit the same court is familiar and persistent. In his 1790 treatise on contracts, Joseph Powell protested that blending law and equity was "subversive of first principles." He claimed, "That a right in itself purely legal cannot be the proper subject of discussion in a jurisdiction purely equitable, and that a right purely equitable, cannot be the proper subject of a purely legal jurisdiction, are axioms that cannot be denied," adding for good measure: "It is a proposition as self-evident as that black is not red, or white black." Almost two centuries …