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Articles 1 - 30 of 218
Full-Text Articles in Law
Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah
Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah
Articles
This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.
What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner
What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner
Articles
No abstract provided.
Where Hannah Arendt Went Wrong, David Abraham
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Articles
The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.
The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …
Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt
Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt
Articles
No abstract provided.
Brief Reflections On The Enterprise, Patricia D. White
The Best-Laid Plans, Carl E. Schneider
The Best-Laid Plans, Carl E. Schneider
Articles
It is natural to suppose law is like the centurion and can do as it will: "I say to this man, Go, and he goeth; and to another, Come, and he cometh; and to my servant, Do this, and he doeth it." But a thousand years ago, King Canute tried to disillusion his courtiers about his efficacy by commanding the waves to stop beating. And fifty years ago, Harry Truman predicted of Dwight Eisenhower, "He'll sit here, and he'll say, 'Do this! Do that!' And nothing will happen. Poor Ike-it won't be a bit like the Army. He'll find it …
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Articles
No abstract provided.
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Articles
No abstract provided.
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Articles
No abstract provided.
In Memoriam Rafael C. Benitez, Keith S. Rosenn
Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles
Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles
Articles
No abstract provided.
The Cash Balance Controversy, Edward A. Zelinsky
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
No abstract provided.
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
Articles
No abstract provided.
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Articles
No abstract provided.
The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore
Articles
No abstract provided.
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Articles
No abstract provided.
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Articles
No abstract provided.
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Articles
Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Articles
No abstract provided.
Social Programs And Manageable Units, Saul Levmore
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
Articles
No abstract provided.
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Articles
No abstract provided.
More Than Mere Majorities, Saul Levmore
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Articles
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Articles
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v PenaIrala. In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights standards in a foreign country, the court in Filartiga paved the way for modern international human rights litigation. As Professor David Bederman has observed, "[i]n a sense, all current human rights litigation owes its fortune to Filartiga." Since Filartiga, US courts have been confronted with two waves of international human rights litigation. The first wave has primarily involved suits, like Filartiga …
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Articles
No abstract provided.