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University of Michigan Law School

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2004

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Articles 1 - 30 of 110

Full-Text Articles in Law

Risk, Rents, And Regressivity: Why The United States Needs Both An Income Tax And A Vat, Reuven S. Avi-Yonah Dec 2004

Risk, Rents, And Regressivity: Why The United States Needs Both An Income Tax And A Vat, Reuven S. Avi-Yonah

Articles

In this article, Prof. Avi-Yonah argues that the legal academic debate about fundamental tax reform from 1974 onward has been skewed by the assumption that a consumption tax must replace the income tax. He addresses three of the major issue in recent writings on the income/consumption tax debate, and shows how none of the arguments in favor of the consumption tax are conclusive. Avi-Yonah also addresses the various consumption tax proposals that have been made and shows that they are all deficient in comparison with a VAT, as well as failing to achieve the goals of an income tax. Finally, …

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Vol. 55, No. 8, November 23, 2004, University Of Michigan Law School Nov 2004

Vol. 55, No. 8, November 23, 2004, University Of Michigan Law School

Res Gestae

•Scalia Visit Brings Attention, Constitutional Debate to M-Law •Editorial: Urine Trouble •Too 'Legit': Chomsky Rocks Hutchins •Scalia Faces Student Questions, Reactions •No Monopoly on Closed Mindedness •Actual Useful Information: Exam-Taking Tips from Profs, Students •Eating Crow: A Messy Situation •From the Bookshelf: Recommended Reading for Winter Break •Jenny Runkles Photos •Music Attorney Lays Down Laws of Rock •The Reason for the Season: Things to be Thankful for in the State of Hutchins •Why a Nation No Longer United? •Treat Your Last Like Your First: Recapture the First Semester Magic •Crossword •Question on the Quad

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Vol. 55, No. 7, November 9, 2004, University Of Michigan Law School Nov 2004

Vol. 55, No. 7, November 9, 2004, University Of Michigan Law School

Res Gestae

•Election Provokes Passionate Responses •Editorial: School Should Save Students Seats •Career Services Grows, Gives 1L Job Advice •Take it Back on America Recycles Day •Orange Alert •On Barack Obama: The Colors and Layers of Blackness •All Things Considered: An Interview with Professor Primus •Seeing Red, Feeling Blue •On the Mortality of Minority Morality •Grade Curves •Halloween Party Photos •Date Auction Photos •Win or Lose, Happy or Sad, Home is Where You Make It •Ford's Freestyle is Not a Wack Jam •Why a Nation Divided?

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Screening, Plea Bargains And The Innocent Problem, Oren Gazal Nov 2004

Screening, Plea Bargains And The Innocent Problem, Oren Gazal

Law & Economics Working Papers Archive: 2003-2009

Courts in common law countries reject plea-agreements only when the agreed upon sentence is seen as exceedingly lenient. This judicial intervention is designed to ensure that plea-bargaining does not undermine deterrence. Many legal scholars argue against this policy, claiming that courts should prohibit plea-bargaining all together. They argue that the plea-bargaining system increases the risk of wrongful convictions. Economists often criticize this judicial intervention as well, but for a different reason. Rather than advocating the abolition of plea-bargaining, many economists argue that the courts should accept all plea-agreements without review. They claim that plea-bargaining can help ensure an efficient use …

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The Coordinated Effects Of Mergers In Differentiated Products Market, Kai-Uwe Kuhn Nov 2004

The Coordinated Effects Of Mergers In Differentiated Products Market, Kai-Uwe Kuhn

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

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Plea Bargains Only For The Guilty, Oren Gazal, Oren Bar-Gill Nov 2004

Plea Bargains Only For The Guilty, Oren Gazal, Oren Bar-Gill

Law & Economics Working Papers Archive: 2003-2009

A major concern with plea bargains is that innocent defendants will be induced to plead guilty. This paper argues that the law can address this concern by providing prosecutors with incentives to select cases in which the probability of guilt is high. By restricting the permissible sentence reduction in a plea bargain the law can preclude plea bargains in cases where the probability of conviction is low (L cases). The prosecutor will therefore be forced to – (1) select fewer L cases and proceed to trial with these cases; or (2) select more cases with a higher probability of conviction …

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Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider Nov 2004

Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider

Articles

When I first met Lee Teitelbaum at a conference two decades ago, I was a novice and he a distinguished scholar. Because my colleagues admired him, I rang his room at the hotel and asked him to join me for dinner. He sweetly agreed. When he opened his door to my knock, I realized that he set standards I could never match-sartorial standards. Who was this king of glory? 1 stood there in my Oshkosh khakis and running shoes, agape and abashed. Despite this unpropitious start, our friendship ripened, and soon I realized Lee set standards of a finer and …

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Vol. 55, No. 6, October 24, 2004, University Of Michigan Law School Oct 2004

Vol. 55, No. 6, October 24, 2004, University Of Michigan Law School

Res Gestae

•Robinson Stresses U.S. Human Rights in Bishop Lecture •Editorial: Win or Lose, Be Good on Game Day •Michigan's Proposal 2: Liberties at Risk •Volunteer to Help America Vote •Fachsimpeln (Talking Shop) With Professor Simma •Are You Losing It?: Learn to Make Time Your Friend •Supreme Court May Order Juvenile Death Penalty Executed •Shutting Down: Eulogy to My Laptop •The Liberal Law School? •Trick or Treatise: Halloween as a 3L Parent •Taking a Step Back •Briefs, Suits and Trash Talk: Inside the Life of a Moot Attorney •Antics Isn't Interpol's Finest Shenanigan •Question on the Quad

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Vol. 55, No. 5, October, 12, 2004, University Of Michigan Law School Oct 2004

Vol. 55, No. 5, October, 12, 2004, University Of Michigan Law School

Res Gestae

•New Director, New Direction: Sarosi Brings Both to M-Law •Editorial: Two Lists Should Solve Student Spam •Hard Day's Nights: MBA Alum Describes Show Business •Supreme Court Panel Forecasts More Reading for Con, Crim Law Students •40 Years in the Making: Professor Kahn Talks Tax, Teaching •The Good, the Bad and the LLC: Alums Show How to Distinguish Law Firms •In Their Own Words: Students Comment on the 2004 Presidential Candidates •'The World Needs President Bush' •Bush 'Faced With (an) Impossible Task' •Bush 'Crapped Out' In Iraq •'Think About Bush's Decisions Since 9/11' •Bush 'Practices What He Preaches' •Health Insurance: Do …

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An Ex-Ante View Of The Battle Of The Forms: Inducing Parties To Draft Reasonable Terms, Omri Ben-Shahar Oct 2004

An Ex-Ante View Of The Battle Of The Forms: Inducing Parties To Draft Reasonable Terms, Omri Ben-Shahar

Law & Economics Working Papers Archive: 2003-2009

This paper focuses on one type of ex-ante effect of the battle of the forms: the incentive to draft reasonable boilerplate terms. It argues that the experience with the battle-of-the-forms rule under the CISG reinforces what we already know, that existing legal solutions do not provide any incentive for the parties to draft reasonable forms. The paper suggests that the goal of inducing parties to draft reasonable terms can be significantly promoted by a third rule, a variant of the “best-shot” rule proposed by Victor Goldberg. Under the version labeled the “reasonable-shot” rule, the court would resolve the battle of …

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Vol. 55, No. 4, September 28, 2004, University Of Michigan Law School Sep 2004

Vol. 55, No. 4, September 28, 2004, University Of Michigan Law School

Res Gestae

•Demolition Shapes School Office Space •Question on the Quad •How to Pass the Ann Arbor Bar Exam •Alumnus Offers Refreshing Insight on How to Succeed with "Economy Grades" •Hanging with Professor Cooper •NYU vs. U-Mich? •Grade Curves •Jobless and Worry-Free: A 3L's Story of Hope and Redemption •Okay, So Maybe I Was Wrong... •It's Okay to Play Games in the Quad, and With Your Life, but Not if You Suck •Student Wonders What Was Accomplished •Burned to a Crip: The Arcade Fire Releases a Classic •Response to "What Would Jesus Do?" •Environmental Law Students Hit the Sticks at Annual Canoe …

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Corporate Defendants And The Protections Of Criminal Procedure: An Economic Analysis, Vikramaditya S. Khanna Sep 2004

Corporate Defendants And The Protections Of Criminal Procedure: An Economic Analysis, Vikramaditya S. Khanna

Law & Economics Working Papers Archive: 2003-2009

Corporations are frequently treated as “persons” under the law. One of the fundamental questions associated with this treatment is whether corporations should receive the same Constitutional protections and guarantees as natural persons. In particular, should corporations receive the Constitutional protections of Criminal Procedure? After all, corporations cannot be sent to jail so the sanctions they face are essentially the same as in civil proceedings. If so, then why not have the same procedural protections for corporate defendants in civil and criminal cases? Little scholarly analysis has focused on this issue from an economic perspective and this article aims to fill …

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Vol. 55, No. 3, September 14, 2004, University Of Michigan Law School Sep 2004

Vol. 55, No. 3, September 14, 2004, University Of Michigan Law School

Res Gestae

•Large and Taking Charge: A Class of 2007 Profile •Student Org Fair Should Last All Year Long •Ann Arbor's Edible Delights Revealed •An M-Law Welcome to New Students from LSSS •Thirty Minutes with Professor Friedman •Law Students Hit the Streets for Kerry •First Year Students: Don't Panic! Use These Lifestyle Tips •Got a Fly-Back? Voucher it, and Fund a Fellowship •OCI: It's Not Just for Breakfast Anymore •A Survey of Summer Music Releases •Saved by the Bell: Reflections on (Finally) Growing Up •Pro-Life Students Should Organize •Shoot to Kill: The First Week from a Trigger Happy 1L's Perspective •What Would …

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The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman Sep 2004

The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

For the most part, the United States has a decentralized criminal justice system. State legislatures define the majority of crimes and set out the punishments for those crimes. In addition, the enforcement of criminal laws lies, in most cases, in the hands of local law enforcement agencies. This article points out how this decentralized structure drives local jurisdictions to harshen their criminal justice system in order to displace crime to neighboring jurisdictions. More precisely, local jurisdictions can attempt to displace crime in two distinct ways. First, they can raise the expected sanction to a level that is higher than that …

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Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman Sep 2004

Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

This Article focuses on the question, how should policymakers aiming to minimize the cost of sanctioning utilize legal and nonlegal sanctions when designing a system of criminal sanctions. After presenting the general economic case for the use of nonlegal sanctions the article turns to present a model of shaming, which unlike existing models, incorporates the endogenous effects of legal and nonlegal sanctions. This model demonstrates that tailoring an efficient regime that combines legal and nonlegal sanctions might be more difficult than previously perceived by law and economics scholars. A specific case study presented in this article is of the current …

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Economic Theories Of Bundling And Their Policy Implications In Abuse Cases: An Assessment In Light Of The Mircrosoft Case, Kai-Uwe Kuhn Sep 2004

Economic Theories Of Bundling And Their Policy Implications In Abuse Cases: An Assessment In Light Of The Mircrosoft Case, Kai-Uwe Kuhn

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

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Banking The Poor: Policies To Bring Low-Income Americans Into The Financial Mainstream, Michael S. Barr Sep 2004

Banking The Poor: Policies To Bring Low-Income Americans Into The Financial Mainstream, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

Low-income households in the United States often lack access to bank accounts and face high costs for conducting basic financial transactions through check cashers and other alternative financial service providers. These families find it more difficult to save and plan financially for the future. Living paycheck to paycheck leaves them vulnerable to medical or job emergencies that may endanger their financial stability, and lack of longer-term savings undermines their ability to improve skills, purchase a home, or send their children to college. High-cost financial services and inadequate access to bank accounts may undermine widely-shared societal goals of reducing poverty, moving …

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Vol 55, No. 2, August 27, 2004, University Of Michigan Law School Aug 2004

Vol 55, No. 2, August 27, 2004, University Of Michigan Law School

Res Gestae

•Dean Precht Leaving M-Law: Reflections on Public Service •Course Schedules Could Use Greater Student Input •Caminker Provides Preview of New Year •A Look into the Past, Present and Future with Professor Whitman •On Campus Interviewing Tips from Those in the Know •Blue Football: Optimism with Cause •Ain't No Cure for the Summertime Blues When You're Crippled and Cite-Checking •The OCI Drinking Game! •Crossword

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Liability For Life, Carl E. Schneider Jul 2004

Liability For Life, Carl E. Schneider

Articles

Marshall Klavan headed the Obstetrics and Gynecology Department of the Crozer-Chester Medical Center. He deeply feared strokes, perhaps because his father had been savaged by one. In 1993, Dr. Klavan wrote an advance directive which said that (as a court later put it) "he 'absolutely did not want any extraordinary care measures utilized by health care providers.'" On April29, 1997, Dr. Klavan tried to kill himsel£ He left suicide notes and a note refusing resuscitation. The next morning, medical center employees found him unconscious and took him to the emergency room, where he was resuscitated. By May 2, Dr. Klavan …

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Vol. 55, No. 1, Summer 2004, University Of Michigan Law School Jun 2004

Vol. 55, No. 1, Summer 2004, University Of Michigan Law School

Res Gestae

•2004 Summer Starters Move In •The Importance of Proper Footwear •Welcome to the Gang! •The Real Deal: Survival Tips from a 3L Summer Starter •Summer Starters Photos •Grade Curves •Crossword •

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Estate Planning Expert Forward, Lawrence W. Waggoner May 2004

Estate Planning Expert Forward, Lawrence W. Waggoner

Other Publications

There is no doubt that a self-help book devoted to financial and estate planning is of much interest to remarried partners, but can such a book be interesting? Jon Fitzpatrick has made his book interesting. This is no ordinary non-fiction book Jon has come up with a unique way of presenting his material: as fiction. The setting for his novel is an adult course conducted at night in a local high school. His players are a couple of lawyers who teach the course and the students in the class. Each chapter addresses the classroom topic for that evening. The dialogue …

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The Ingenious Kerry Tax Plan, Reuven S. Avi-Yonah Apr 2004

The Ingenious Kerry Tax Plan, Reuven S. Avi-Yonah

Articles

The tax plan proposed by Democratic presidential candidate John Kerry at Wayne State University on March 26 is an ingenious set of ideas to encourage domestic job creation. Its greatest strength, however, may be its contribution to long-term economic growth, fairness, and tax law simplification. In this article I will first describe the Kerry proposal, then analyze its advantages, and finally address some counterarguments.

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Vol. 54, No. 13, April 20, 2004, University Of Michigan Law School Apr 2004

Vol. 54, No. 13, April 20, 2004, University Of Michigan Law School

Res Gestae

•Out of Retirement, One More Time: A Conversation with Professor Emeritus John W. Reed •Riding Off into the Sunrise •'Can I Get a Witness?' Clark Asks Students at Blue Jeans Lecture •Stars of Entertainment Law Shed Light on Breaking In to the Industry •Speaker Foretells the State of the Los Angeles/ Bay Area Legal Market •Two Sides of Truck-dom from the Nissan Family •Why I Still Like U of M Law •Law School Takes My $40,000, My Sanity, One Year of My Life; and I Get...? •Boender Catches the Ponys at the Magic Stick, Catches Up with Lead Singer •H@x0r3d!: …

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Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Stephen Choi, Adam C. Pritchard Apr 2004

Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Stephen Choi, Adam C. Pritchard

Law & Economics Working Papers Archive: 2003-2009

nder Section 11 of the Securities Act of 1933, firms making public offerings of securities are strictly liable to investors for any material misstatements in the registration statements that accompany those offers. This strict liability regime is premised on the notion that issuers are best placed to avoid misstatements in the registration statement. Section 11 gives other potential defendants a “due diligence” defense to reflect their lesser ability to ensure the accuracy of the registration statement. The recent spate of “laddering” lawsuits alleging manipulation of the aftermarket for certain stocks issued in “hot” initial public offerings (IPOs) presents a role-reversal …

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Vol. 54, No. 12, April 6, 2004, University Of Michigan Law School Apr 2004

Vol. 54, No. 12, April 6, 2004, University Of Michigan Law School

Res Gestae

•Judge Simma Gives Glimpse into the Inner Workings of the International Court of Justice •In Memoriam: A Tribute to Reuben Sobczyk •Katzen Discusses Women's Issues •Justice Markman Discusses Proper Role of Judges •WAMM! Law School Community Explores Self-Defense Training •O-ye, O-ye, O-ye! 80th Annual Campbell Competition Shines •Criminal, Environmental Law Moot Court Teams Represent •Law Revue: Talented Law Students Do Something Other than Read, Drink •Screw Law School: How to Write a Bestselling Lawyer Drama Novel •Wondering What If... •Understanding Sexual Harassment a Little Better •The Irony of Being Moral •Who Knew that Crime Wore a Shirt, Let Alone a …

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International Tax As International Law, Reuven S. Avi-Yonah Mar 2004

International Tax As International Law, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

The purpose of this article is to introduce to the international lawyer the somewhat different set of categories (e.g., residence and source rather than nationality and territoriality) employed by international tax lawyers, and explain the reasons for some of the differences. At the same time, it attempts to persuade practicing international tax lawyers and international tax academics that their field is indeed part of international law, and that it would help them to think of it this way. For example, knowledge of the Vienna Convention on the Law of Treaties would help international tax lawyers in interpreting tax treaties, and …

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The Pitfalls Of International Integration: A Comment On The Bush Proposal And Its Aftermath, Reuven S. Avi-Yonah Mar 2004

The Pitfalls Of International Integration: A Comment On The Bush Proposal And Its Aftermath, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

In January 2003, the Bus Administration proposed a new system for taxing corporate dividends, under which domestic shareholders in U.S. corporations would not be taxed on dividends they received, provided the corporation distributed these dividends out of after-tax earnings (the “Bush Proposal”). The Bush Proposal was introduced in Congress in February 27,2003. Ultimately, however, Congress balked at enacting full-fledged dividend exemption. Instead, in the Jobs and Growth Tax Relief Reconciliation Act of 2003 (“JGTRRA”) as enacted on May 28, 2003, a lower rate of 15% was adopted for dividends paid by domestic and certain foreign corporations, and the capital gains …

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Corporations, Society And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah Mar 2004

Corporations, Society And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

This article attempts to provide the first comprehensive rationale for defending the current corporate income tax. It argues that the usual reasons given for the tax (primarily as an indirect way of taxing shareholders, or alternatively as a form of benefit tax) are inadequate. It then explains what the original rationale to adopt this tax was in 1909, namely to regulate managerial power, and that this rationale stems from the real view of the corporation, which was the dominant view throughout the many transformations underwent by the corporate form from Roman times to the present. Turning to normative argument, the …

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Vol. 54, No. 11, March 23, 2004, University Of Michigan Law School Mar 2004

Vol. 54, No. 11, March 23, 2004, University Of Michigan Law School

Res Gestae

•Judicial Nominations: Senator Carl Levin's Perspectives •Clerkship Applicants Seek Guidance During Process •Former Secretary of State Albright Forecasts 'Perfect Storm' for U.S. •ACLU General Counsel on Defending Unpopular Speech •Butch Carpenter Banquet Photos •SFF Auction Photos •Protesting Solomon is Part of a Larger Battle: A Response to Joe Brennan •Somebody Stop Me Before I Sell Out Again •Twenty Questions Two Times •Response to Joe Brennan's Letter on JAG Recruiting •Crossword

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Vol. 54, No. 10, March 9, 2004, University Of Michigan Law School Mar 2004

Vol. 54, No. 10, March 9, 2004, University Of Michigan Law School

Res Gestae

•From the Front Lines: Law Student Speaks of Life as Soldier in Iraq •Reproductive Rights Conference Huge Success •Calling Balls and Strikes, Moving Cases Along: State Judge Talks About His Job •Professor Gross Discusses Recent Developments in Death Penalty Debate •Professor Daria Roithmayr Brings Unconventional Style to Law School •Grade Curves •Open Letter to Faculty Hiring •Letter to the Editor: Response to OUTLAWS Letter on JAG Recruiting •'04 Dodge Durango: The Two-Ton Hot Rod •If You Think Law School Makes You Vomit, Try Working for a Living •Crossword

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