Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 30 of 45
Full-Text Articles in Law
Motions 1996 Volume 32 Number 4, University Of San Diego School Of Law Student Bar Association
Motions 1996 Volume 32 Number 4, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Motions 1996 Volume 32 Number 3, University Of San Diego School Of Law Student Bar Association
Motions 1996 Volume 32 Number 3, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
The Plethora Of Consumption Tax Proposals: Putting The Value Added Tax, Flat Tax, Retail Sales Tax, And Usa Tax Into Perspective, Alan Schenk
San Diego Law Review
This Article explores consumption tax proposals as a possible alternative to the current income tax system in the United States. It discusses the reasons for an interest in a federal consumption tax, as well as providing a brief history of consumption taxes. The Article examines the various forms of tax systems used in highly industrialized nations and explains how the United States federal income tax system fits into this array. Some significant elements of consumption taxes, such as tax base, the identification of the taxpayer, and the method of calculating tax liability, are explored. The author concludes with an analysis …
From Income To Consumption Tax: Some International Implications, Reuven S. Avi-Yonah
From Income To Consumption Tax: Some International Implications, Reuven S. Avi-Yonah
San Diego Law Review
This Article considers some possible implications for the international tax regime based on three major proposals in the United States which would abolish the U.S. corporate and personal income taxes and implement in their place a type of consumption tax. It describes the three main proposals and the potential international implications. The Article discusses the possible impact of tax reform on the U.S. tax treaty network and concludes that our treaty partners would be entitled to terminate their treaties with the U.S. if it abolished the income tax. The author concludes by addressing the question whether the effect of the …
The Distributional Effects Of Fundamental Tax Revisions, Jane G. Gravelle
The Distributional Effects Of Fundamental Tax Revisions, Jane G. Gravelle
San Diego Law Review
This Article addresses the distributional effects of new tax proposals, such as the flat tax and the USA tax. It explains how these proposals relate to each other, and then explores the combination of rate-flattening, base-broadening, and corporate tax integration contained in the flat tax proposal. The Article then proceeds to look at the consequences of the shift to a consumption base. The author concludes with adjustment costs, behavioral responses, and transition relief.
Untangling Tax Reforms: Simple Taxes, Complex Choices, Alice G. Abreu
Untangling Tax Reforms: Simple Taxes, Complex Choices, Alice G. Abreu
San Diego Law Review
This Article applies concepts of empowerment to two tax reform proposals: The Freedom and Fairness Restoration Act of 1995 (Armey Flat Tax) and the USA Tax Act of 1995 (Nunn-Domenici Tax). The concepts of "avoidance power," the power to avoid the imposition of taxes, and "burden power," the power to shift the economic burden that taxes impose, are both analyzed in the context of these tax proposals. The author considers the degree of avoidance and burden power conferred by each proposal, and concludes with some observations regarding the values implicated by the distribution of power each proposal would produce.
Federal Tax Restructuring And State And Local Governments: An Introduction To The Issues And The Literature, Michael Mazerov, Dan R. Bucks, Mulitstate Tax Commission
Federal Tax Restructuring And State And Local Governments: An Introduction To The Issues And The Literature, Michael Mazerov, Dan R. Bucks, Mulitstate Tax Commission
San Diego Law Review
This short Article briefly outlines some of the issues inherent in substituting a comprehensive consumption tax for the existing federal personal and corporate income taxes. It addresses the effects of federal tax restructuring on state and local governments based on state reliance on the federal income tax infrastructure, as well as outlining other major issues for states and localities. The authors recommend that Congress consider the impact of tax reform on state and local governments as among the two or three most important issues it must study as it explores restructuring the federal tax system.
Evaluating The Consumption Tax Proposals: Changes In The Taxation Of Interspousal Transactions, Use Of Trusts, And Revising The Meaning Of "Tax Planning", Lester B. Snyder, Roger J. Higgins
Evaluating The Consumption Tax Proposals: Changes In The Taxation Of Interspousal Transactions, Use Of Trusts, And Revising The Meaning Of "Tax Planning", Lester B. Snyder, Roger J. Higgins
San Diego Law Review
This Article focuses on two proposals to revise the federal income tax system: the Armey flat tax and the USA tax. It compares these tax reform measures with the current Internal Revenue Code for income tax in three areas: (1) corporate stock redemptions and divorce; (2) the use of alimony trusts; and (3) nonqualified deferred compensation (so-called "rabbi") trusts. In assessing the proposed changes, the Article also addresses the amount of simplification that will be achieved, the possible undertaxation of recipients of profits, tax avoidance, and the extent to which one must cast aside conventional tax planning and tax policy …
Tax Reform And Corporate Acquisitions, Peter L. Faber
Tax Reform And Corporate Acquisitions, Peter L. Faber
San Diego Law Review
This Article focuses on two tax reform proposals: the Nunn-Domenici bill (USA Tax) and the Armey flat tax. It explores the effect of these two types of tax reform proposals on purchases and sales of corporate businesses. The Article addresses the purchase and sale of only incorporated businesses, and explores the way that the proposed tax systems would operate when applied to these corporate transactions. The author concludes that if these tax proposals became law, it is likely that a large part of tax planning for corporate acquisitions would shift from the federal to the state and local level.
"Complete" Accrual Taxation, Fred B. Brown
"Complete" Accrual Taxation, Fred B. Brown
San Diego Law Review
This Article considers and analyzes "complete" accrual taxation, the inclusion in the tax base of annual increases and decreases in the value of property, regardless of disposition. This system does away with the rule that income must be realized in order to be taxed. The Article outlines the complete tax accrual system and engages in a rigorous examination of the benefits resulting from such a system. It compares the consequences of such a system to the consequences of adopting other alternatives to the realization rule. It explores a computerized valuation system for nonmarketed business interests, and deals with legitimate privacy …
Reevaluating The California Sales Tax: Exemptions, Equity, Effectiveness, And The Need For A Broader Base, Robert H. Gleason
Reevaluating The California Sales Tax: Exemptions, Equity, Effectiveness, And The Need For A Broader Base, Robert H. Gleason
San Diego Law Review
This Comment examines the tax base and administrative aspects of the sales tax in California and argues the need for reform. It analyzes the State's sales tax system against its original goals and attempts to measure the tax system's success. The analysis points to the proliferation of exclusions and exemptions that reduce the efficacy and equity of the tax system and clearly demonstrates a need to expand the tax base if the system is to remain true to its original goals and remain a strong source of revenue for the state. The Comment also discuss alternative taxation schemes, focusing both …
Motions 1996 Volume 32 Number 2, University Of San Diego School Of Law Student Bar Association
Motions 1996 Volume 32 Number 2, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Motions 1996 Volume 32 Number 1, University Of San Diego School Of Law Student Bar Association
Motions 1996 Volume 32 Number 1, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Patentable Discovery?, Stephen Mckenna
Patentable Discovery?, Stephen Mckenna
San Diego Law Review
Discoveries are property that people did not create or produce, but that which they obtained through the unearthing of an object or an idea. Finding an object, or being the first to obtain certain knowledge, may allow you to file a patent and gain exclusive rights in your discovery. This Comment addresses the issue of whether such discoveries are patentable. The author argues that despite some decisions and dicta to the contrary, the courts and the Patent Office should explicitly recognize the patentability of discoveries that are not inventions.
Foreword, Bradford D. Duea
Foreword, Bradford D. Duea
San Diego Law Review
This foreword describes the symposium in Volume 33, No. 3, which addresses developments in securities regulation during 1995. It describes some history and the articles surrounding the Private Securities Litigation Reform Act of 1995. It also notes three additional areas analyzed in subsequent articles: developments in disclosure requirements, particularly in regard to public offerings; issues for a seller to consider in drafting combination agreements; and the California case of People v. Simon dealing with securities fraud prosecutions.
Developments In Disclosure: Special Problems In Public Offerings - Forward-Looking Information, Including The Private Securities Litigation Reform Act Of 1995, Herbert S. Wander, Jonathan I. Cope, Jonathan Dariyanani
Developments In Disclosure: Special Problems In Public Offerings - Forward-Looking Information, Including The Private Securities Litigation Reform Act Of 1995, Herbert S. Wander, Jonathan I. Cope, Jonathan Dariyanani
San Diego Law Review
This Article examines recent developments in disclosure with regard to public offerings and disclosures to trading markets. It analyzes current practices involving analysts, T + 3, the "bespeaks caution" doctrine, and the use of forward-looking information, including the Private Securities Litigation Reform Act of 1995 (PSLRA). The author concludes that securities litigation is likely to be reduced by the PSLRA.
Misplaced Priorities: The Utah Digital Signature Act And Liability Allocation In A Public Key Infrastructure, C. Bradford Biddle
Misplaced Priorities: The Utah Digital Signature Act And Liability Allocation In A Public Key Infrastructure, C. Bradford Biddle
San Diego Law Review
This Comment examines the Utah Digital Signature Act, signed into law on March 9, 1995. The Utah Act promotes the use of digital signatures on computer-based documents. This Comment analyzes the allocation of liability and evidentiary burdens imposed by the Utah Act, and compares these provisions to three analogous models. The author asserts that the liability allocations of the Utah Act inappropriately impose potentially unlimited risk on users of digital signatures. He also suggests an alternative approach to the apportionment of liability in a public key infrastructure.
Negotiating Business Combination Agreements - The "Seller's" Point Of View, Stephen R. Volk, Lewis H. Leicher, Raymond S. Koloski
Negotiating Business Combination Agreements - The "Seller's" Point Of View, Stephen R. Volk, Lewis H. Leicher, Raymond S. Koloski
San Diego Law Review
This Article discusses issues raised in business combination agreements, namely issues in provisions that create affirmative duties of each party to each other, and that allocate risk between the parties as to various post-signing events or changes. These provisions are discussed from the standpoint of a "selling" company. The Article reviews certain lines of cases in Delaware regarding the fiduciary duties of directors, and summarizes guidance provided by these cases in structuring investigation and decision making by the seller's board. The author concludes with a discussion of certain provisions of a business combination agreement that provide risk allocation between the …
Securities Fraud Prosecutions: Still Viable Under California Securities Law After Simon?, George A. Crawford, Natalie C. Roberts, Shawn L. Nelson
Securities Fraud Prosecutions: Still Viable Under California Securities Law After Simon?, George A. Crawford, Natalie C. Roberts, Shawn L. Nelson
San Diego Law Review
This Article discusses the prospect of securities fraud criminal prosecutions after the landmark decision People v. Simon, decided by the California Supreme Court in 1995. The California Supreme Court held that neither "guilty knowledge" nor "criminal intent" was required for a criminal conviction under Corporations Code 25401. This Article poses the question as to whether criminal prosecution is still a viable tool for enforcing California's anti-fraud provision. The authors answer the question with a resounding yes, concluding that criminal prosecution for securities fraud will continue even in the aftermath of Simon.
"Final Thoughts On Litigation Reform" Remarks, Arthur Levitt
"Final Thoughts On Litigation Reform" Remarks, Arthur Levitt
San Diego Law Review
This is speech made by the Chairman of the Securities and Exchange Commission, Arthur Levitt, at the 23rd Annual Securities Regulation Institute in Coronado, California. Mr. Levitt discusses the Private Securities Litigation Reform Act of 1995, and the path it followed through Congress. He also discusses SEC action against Orange County based on securities fraud.
Promises Made, Promises Kept: The Practical Implications Of The Private Securities Litigation Reform Act Of 1995, Harvey L. Pitt, Karl A. Groskaufmanis, David B. Hardison, Dixie L. Johnson
Promises Made, Promises Kept: The Practical Implications Of The Private Securities Litigation Reform Act Of 1995, Harvey L. Pitt, Karl A. Groskaufmanis, David B. Hardison, Dixie L. Johnson
San Diego Law Review
This Article suggests approaches that can be taken in addressing the pragmatic concerns of companies with regard to the Private Securities Litigation Reform Act of 1995. These concerns include what form companies' disclosures should take in order to secure the protection of the safe harbor. They also include a need for concrete guidance on the day-to-day response to obligations that are newly required by this statute. Individual directors of companies have no blueprint as to how their boards should respond to this new legislation. This Article provides practical approaches for directors.
Pleading Scienter Under Section 21d(B)(2) Of The Securities Exchange Act Of 1934: Motive, Opportunity, Recklessness, And The Private Securities Litigation Reform Act Of 1995, William S. Lerach, Eric Alan Isaacson
Pleading Scienter Under Section 21d(B)(2) Of The Securities Exchange Act Of 1934: Motive, Opportunity, Recklessness, And The Private Securities Litigation Reform Act Of 1995, William S. Lerach, Eric Alan Isaacson
San Diego Law Review
This Article discusses conflicting case law regarding the standard for pleading scienter under section 21D(b)(2) of the Securities Exchange Act of 1934. The Private Securities Litigation Reform Act of 1995 (PSLRA) enacted section 21(b)(2). Several courts found that the standard for pleading scienter under section 21(b)(2) was the same as the Second Circuit requirement to show a "strong inference" of scienter in the pleadings. Other courts found that the pleading requirement in section 21(b)(2) was heightened above the Second Circuit standard. This Article reviews the text and structure of section 21(b)(2) and the conflicting case law, in order to determine …
Legislating On A False Foundation: The Erroneous Academic Underpinnings Of The Private Securities Litigation Reform Act Of 1995, Leonard B. Simon, William S. Dato
Legislating On A False Foundation: The Erroneous Academic Underpinnings Of The Private Securities Litigation Reform Act Of 1995, Leonard B. Simon, William S. Dato
San Diego Law Review
This Article seeks to point out errors in a study published by Professor Janet C. Alexander in the Stanford Law Review in 1991. The study concluded that securities legislation reform was necessary based on the prevalence of meritless claims in the securities litigation area. This Article examines Professor Alexander's study and finds several methodological errors. It also repeats the study without the errors and explains the different conclusions. The authors also performed their own study with a broader sample than used in the prior study. The authors conclude that the scientific method suggests that Professor Alexander's conclusions are incorrect, and …
California's Sex Offender Notification Statute: A Constitutional Analysis, Robin L. Deems
California's Sex Offender Notification Statute: A Constitutional Analysis, Robin L. Deems
San Diego Law Review
The recent proliferation of sex offender registration and community notification statutes raises a number of constitutional issues respecting the rights of convicted offenders. Although politically popular, this author suggests that such statutes may be an ineffective means of protecting children, while unduly burdening the constitutional rights of those persons subject to the statute's requirements. This Comment analyzes the constitutional issues implicated by sex offender registration and notification statutes, and examines the underlying public policy concerns that the statutes seek to address.
Motions 1996 Volume 31 Number 7, University Of San Diego School Of Law Student Bar Association
Motions 1996 Volume 31 Number 7, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Efficiencies And Horizontal Mergers: In Search Of A Defense, Mark N. Berry
Efficiencies And Horizontal Mergers: In Search Of A Defense, Mark N. Berry
San Diego Law Review
An unsettled question in U.S. antitrust law is whether horizontal mergers involving market power should be permitted on the basis of efficiency claims. This Article outlines the current treatment of efficiencies and the central issues which will need to be considered if the efficiency defense is to emerge. The Author argues for the emergence of an absolute judicial formulation of the defense and broader enforcement discretion.
Is Government The Problem Or The Solution?, Carl A. Auerbach
Is Government The Problem Or The Solution?, Carl A. Auerbach
San Diego Law Review
This Article focuses on the debate regarding whether the federal government is the problem or solution to our nation’s problems. The Author describes the purposes for which government has acted and reasons that these results could not have been achieved without public decision making and action by the federal government. The Author doubts that the withdrawal of the federal bureaucracy and the shift to state and local bureaucracies will not help our country’s social problems, and he argues that the federal government is the solution.