Law Commons^™

Optimal Tax Compliance And Penalties When The Law Is Uncertain, Kyle D. Logue

Law & Economics Working Papers Archive: 2003-2009

This Article examines the optimal level of tax compliance and the optimal penalty for noncompliance in circumstances in which the tax law is substantively uncertain – that is, when the precise application of the Internal Revenue Code to a particular situation is not clear. In such situations, two interesting questions arise: First, as a normative matter, how certain should a taxpayer be before she relies on a particular interpretation of a substantively uncertain tax rule? That is, if a particular position is not clearly prohibited, but neither is it clearly allowed, under the tax law, what is the appropriate threshold …

Vol. 57, No. 6, November 21, 2006, University Of Michigan Law School

Res Gestae

•Students, Administration Respond to Prop. 2 •Sarbanes-Oxley Symposium •Focus on Public Interest: Betsey Wiegman •1L Job Search •Take it From Me: Law School Bathrooms •Photos from Bar Night, Jenny Runkles •Adam Dubinsky

Vol. 57, No. 5, November 7, 2006, University Of Michigan Law School

Res Gestae

•Colorado Senator Speaks About Career, Politics •Open Letter •Debriefing the Halloween Ticket Snafu •Take It From Me •Lipton's New Pyramid Tea Put to the Test •Coffee Cart Arrives in 200 HH •LSSS Fall Wine and Cheese Pics •A Layman's Guide to Pass/Fail •Nannes 3L Challenge Hits its Target •BLSA Date Auction Pics •LSSS Halloween Party Pics •Navigating the PRS with Priorities in Hand

Vol. 57, No. 4, October 24, 2006, University Of Michigan Law School

Res Gestae

•An Interview with Alex Joel •Double Booking Problems •Learning the Dual Degree Tango •How to Distinguish Between Law Firms •Harvard Law Changes First-Year Curriculum •Bar Night Pics •Headnotes Pics •Michigan Civil Rights Initiative •Take It from Me •Caminker "Hottest" Dean in the Nation

Vol. 57, No. 3, October 4, 2006, University Of Michigan Law School

Res Gestae

•Interview with Christine Gregory •Letter to the Editor •U.S. Solicitor General Speaks on SCOTUS •Mainstreaming Feminism in Legal Education •3Ls Stepping Up to the Nannes Challenge •Environmental Law Symposium •The Etiquette of Wrong •Focus on Public Service •Michigan Civil Rights Initiative Lecture Series Schedule •MCRI and Affirmative Action •Banned Book Day Pics •Grabbing a Bite •Pining for Piven •Crossword

Vol. 57, No. 2, September 19, 2006, University Of Michigan Law School

Res Gestae

•Class of 2009 by the Numbers •Renovations Deserve Our Applause •A Warm Welcome From Dean Caminker •My Return to Cable •Focus on Public Service •3L Pledging Begins with a Bang •The Keys to Success •Bar Night Pics •LSSS Gives the Lowdown on the Upcoming Year •Japanese Cuisine in the McNamara Terminal •Grade Curves •Crossword

Vol. 57, No. 1, August 28, 2006, University Of Michigan Law School

Res Gestae

•Tips for Early Interview Week and Beyond •All I Ever Needed to Know About OCI I Learned Doing My Laundry •Get Your Dream Job in Your Dream City •Top 10 Things Not to Say on Callbacks •If You Can Dodge the Wrench You Can Dodge These Interview Questions •The OCI Drinking Game! •The Opening of Law School Dating Season •10 Things Not to Do as a Summer Associate •Crossword •Green OCI

Lawful Personal Use, Jessica D. Litman

Law & Economics Working Papers Archive: 2003-2009

Whenever someone makes a copy of a copyrighted work, that copy is either authorized by the copyright owner, permitted by some express provision of the copyright statute (such as the ephemeral copy provision in section 112 or the fair use provision in section 107), or infringing. That's what we tell our colleagues and what we teach our students. But most of us don't actually believe it, and this article argues that that understanding of the copyright law is wrong.

I make this argument by examining the copyright law through the lens of personal use. Unlike many other jurisdictions, the United …

A Multinational Perspective On Capital Structure Choice And Internal Capital Markets, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.

Book Chapters

This paper analyzes the capital structures of foreign affiliates and internal capital markets of multinational corporations. Ten percent higher local tax rates are associated with 2.8% higher debt/asset ratios, with internal borrowing being particularly sensitive to taxes. Multinational affiliates are financed with less external debt in countries with underdeveloped capital markets or weak creditor rights, reflecting significantly higher local borrowing costs. Instrumental variable analysis indicates that greater borrowing from parent companies substitutes for three-quarters of reduced external borrowing induced by capital market conditions. Multinational firms appear to employ internal capital markets opportunistically to overcome imperfections in external capital markets.

Greed And Pride In International Bankruptcy: The Problems And Proposed Solutions To “Local Interests”, John A. E. Pottow

Law & Economics Working Papers Archive: 2003-2009

From just-enacted (2005) chapter 15 of the U.S. Bankruptcy Code to the U.K. Enterprise Act of 2002, legislative reforms to international bankruptcy are on the rise. One of the thorniest issues facing scholars and policymakers alike in these efforts is what to do with the nettlesome problem of “local interests.” What exactly are these “local interests,” and what is it that we are we trying to protect? Literature to date has been elusive in pinning this down and has offered, for the most part, only undifferentiated anxiety that an international bankruptcy regime may impinge undesirably upon “local concerns.” This article …

Drugged, Carl E. Schneider

Articles

The Supreme Court's recent decision in Gonzales v. Oregon, like its decision last year in Gonzales v. Raich (the "medical marijuana" case), again raises questions about the bioethical consequences of the Controlled Substances Act. When, in 1970, Congress passed that act, it placed problematic drugs in one of five "schedules," and it authorized the U.S. attorney general to add or subtract drugs from the schedules. Drugs in schedule II have both a medical use and a high potential for abuse. Doctors may prescribe such drugs if they "obtain from the Attorney General a registration issued in accordance with the …

The University Of Michigan Law School Report Of Giving, July 1, 2005 - June 30, 2006, University Of Michigan Law School

Miscellaneous Law School History & Publications

An annual report of giving from the members of the University of Michigan Law School community.

Vol. 56, No. 11, April 4, 2006, University Of Michigan Law School

Res Gestae

•Prof. Friedman Goes to Washington •Community Mourns Loss of Alumnus •Editorial: Lame Ducks Quack Thanks •Atkinson: M-Law's Jack of All Trades •Prof. Schneider on OCI and Your Future as a Lawyer •Students, Caminker Discuss Wireless Policy •Senior Day is What You Want it to Be: Make it Count •Putting it All on the Table •Alumnus Considers Duke Rape Allegations, Campus Tensions, Unfair Policies •The Handlebars of the Soul •APALSA Origins Festival Photos •LSSS Prom Photos •Introducing the Poetry of T.S. Eliot •An Open Letter to the Female Law School Community •How the Profs Stole Summer •Griot Photos •Crossword •A Day …

Vol. 56, No. ∞, April 1, 2006, University Of Michigan Law School

Res Gestae

•Michigan Law to Drop to No. 11: Class of 2006 Officially Apologizes

After Autonomy, Carl E. Schneider

Articles

Bioethicists today are like Bolsheviks on the death of Lenin. They have, rather to their surprise, won the day. Their principle of autonomy is dogma. Their era of charismatic leadership is over. Their work of Weberian rationalization, of institutionalizing principle and party, has begun. The liturgy is reverently recited, but the vitality of Lenin's "What Is To Be Done?" has yielded to the vacuity of Stalin's "The Foundations of Leninism." Effort once lavished on expounding ideology is now devoted to establishing associations, organizing degree programs, installing bioethicist commissars in every hospital, and staffing IRB soviets. Not-so-secret police prowl the libraries …

Vol. 56, No. 10, March 21, 2006, University Of Michigan Law School

Res Gestae

•Destination Gulfport: Spring Break in the Wake of Katrina •Editorial: About Those Grade Curves •Everything That's Fit to Moot (Court) •Mark West on Japan, Fashion and Why Dean Croley Will Never be on 'The Daily Show' •LSSS Candidates Share Statements •Don't Let Your Life Bully You •Bar Month Photos •Reflections on my Term: Successes and Failures •Which Me is Me? •MSA Representative Candidates Speak Out •Grade Curves •The Ancient Art of Mixtaping •Question on the Quad •It IS Wrong to Yell Fire in a Crowded Library: You Shouldn't Yell in the Law Library •SFF Auction Photos

Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary

Articles

Sarah Killgore Wertman was the first woman in the country to both graduate from law school and be admitted to the bar. Thus, she was Michigan's first woman lawyer in two senses: She was the first woman to graduate from the University of Michigan Law School, and the first woman admitted to the Michigan bar. Others preceded her in entering law school, graduating from law school, or being admitted to the bar, but she was the first to accomplish all three. Her story illustrates much about the early days of women in legal education and the practice of law, a …

Affirmative Action In American Law Schools: A Critical Response To Richard Sander's "A Reply To Critics", Richard O. Lempert, William C. Kidder, Timothy T. Clydesdale, David L. Chambers

Law & Economics Working Papers Archive: 2003-2009

Richard Sander’s Stanford Law Review article, “A Systemic Analysis of Affirmative Action in American Law Schools,” has generated considerable attention and criticism. This included a critical essay in the May 2005 Stanford Law Review by the four of us, as well as others in the same issue by Professors Ian Ayres and Richard Brooks, Michele Landis Dauber, and David Wilkins. Sander’s “A Reply to Critics” also appeared in the same issue. For those following this empirical debate about the costs and benefits of affirmative action, we provide this working paper as a response to Sander’s “A Reply to Critics.” We …

Vol. 56, No. 9, February 21, 2006, University Of Michigan Law School

Res Gestae

•Don't Panic! Save Yourself (Jail) Time, Trouble With 'The Law Student's Guide to the Planet' •Coke Ban Can Beat the Real Thing •Ann Arbor Has a 'Starry Night' •In Re Kwan •An Open Apology to Christina Whitman •Introducing the Poetry of Wallace Stevens •I Know What You Did Last Semester •'Term of Arts' Opening Photos •Michigan Hoops '06: Just Another Tease? •Crossword •Question on the Quad

Vol. 56, No. 8, February 7, 2006, University Of Michigan Law School

Res Gestae

•Renovations to Destroy Locker Monstrosity •Community Mourns Loss of Student •A Half-Hour with Prof. Brensike •Lawopen is Not a Toy •The King of Spain Never Rushes •Introducing the Poetry of Ranier Maria Rilke •Rogue Wave Hits High Tide with Descended Like Vultures •Mr. Wolverine Photos •How to Get Better Grades in Law School Just by Talking Real Smart-Like •The Last Chance... to do What? •50 Ways to Leave Your Landlord •2006 Honda Civic SI: Return of the King •Crossword

Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum

Articles

What follows is a simplified introduction to legal argument. It is concerned with the scheme of argument and with certain primary definitions and assumptions commonly used in legal opinions and analysis. This discussion is not exhaustive of all the forms of legal argument nor of the techniques of argument you will see and use this year. It is merely an attempt to introduce some commonly used tools in legal argument. It starts, as do most of your first-year courses, with the techniques of the common-law method and then proceeds to build statutory, regulatory, and constitutional sources of law into the …

Vol. 56, No. 7, January 24, 2006, University Of Michigan Law School

Res Gestae

•3Ls and Profs Give Note Taking Tips •Editorial: First-Day Reading Board Should be Online •South African Justice Gives MLK Talk •Summer Holiday in Cambodia: It's Not Just a Job, It's an Adventure •Take Advantage of Public Service Activities •Introducing the Poetry of Hart Crane •Admissions A.D. Shares Her Career Path, Thoughts on Public and Private Practice •Bar Night Photos •The Long, Dark, Car Repair of the Soul •A Bar I May Actually Not Enjoy •There is Hope Yet for the Jobless •Students Should Unite Against Senseless Internet Policy •SFF: What it is, What it Does, and Why You Should Care …

Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr.

Reviews

There is, among some of your reviewer's friends, an abhorrence of tax competition, and a fascination with tax harmonization, that defies simple understanding. The way that the case is typically presented, European tax harmonization is desirable because eliminating tax differences between European nations would promote economic efficiency. With greater economic efficiency, there is more of everything to go around, so it becomes possible to maintain life exactly as it currently is, except that now, instead of every family having one toaster, they can have two. A wise goal, a worthy goal, this economic efficiency-though the drive to eke more out …

Forum, Donald J. Herzog

Reviews

Psst: here’s my secret wry suspicion. Political theorists are allergic to facts. They feel entitled to firm beliefs—about state-building, modernization, the rise of the bourgeoisie, you name it—because they’ve read some fancy theory books. So a lot of theory reads like a conceptual shell game, with various intoxicating abstractions shuffled about. I’m enough of a vulgar pragmatist to think that theory isn’t what you get when you leave out the facts. So I found Wahrman’s Making of the Modern Self sheer joy, from start to finish. The bottom line first: this is a mustread across the humanities and humanistic social …

For Such A Time As This, John W. Reed

Other Publications

This essay is based on a talk at the annual meeting of the International Society of Barristers at Scottsdale, Arizona on March 17, 2006.

War And Peace: The 34th Annual Donald C. Brace Lecture, Jessica D. Litman

Other Publications

I'd like to thank the Copyright Society and the Brace committee for inviting me to speak to you this evening. I am honored that you invited me to give this lecture. I want to talk a little bit about war - copyright war - and then I want to talk a little bit about peace. It's become conventional that we're in the middle of a copyright war.' I tried to track down who started calling it that, and what I can tell you is that about ten years ago, about the time that copyright lawyers everywhere were arguing about the …

Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt

Other Publications

The Voting Rights Initiative ("VRI") at the University of Michigan Law School was created during the winter of 2005 to help inform [...] the debates that led to this latest congressional reauthorization and the legal challenge to it that is certain to follow. A cooperative research venture involving 100 students working under faculty direction set out to produce a detailed portrait of litigation brought since 1982 under Section 2. This Report evaluates the results of that survey. The comprehensive data set may be found in a searchable form at http://www.votingreport.org or http://www.sitemaker.umich.edu/votingrights. The aim of this report and the accompanying …

Introduction To Evidence Stories, Richard O. Lempert

Other Publications

An introduction to Evidence Stories, by Richard Lempert.This publication contains essays by leading evidence scholars discussing the stories behind landmark cases and illuminating principles and materials across the evidence curriculum. The seldom-told stories behind cases where evidence plays a significant role are now told with important illustrations of the development, application, and importance of the rules of evidence.

Griot: Literary And Arts Journal Of The University Of Michigan Law School, University Of Michigan Law School

Miscellaneous Law School History & Publications

When the Griot was resurrected last year, we promised that having whetted the appetite of the literary community, we would do our very best to serve up stories savory and wide-ranging enough to satisfy our readers. This issue, we believe, will not only fill that hunger, but will hopefully push readers to ask for seconds. The submissions for this year tripled over last y ear's. This is a testament to the fact that the literary connoisseurs at the law school have been anticipating the awakening of a cornucopia of genius.

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 5, 2006 University of Michigan Law School Honors Convocation.