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Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr. Dec 2006

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared ...


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must ...


Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin Dec 2006

Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin

Faculty Scholarship

No abstract provided.


Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt Dec 2006

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.


What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt Dec 2006

What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt

Faculty Scholarship

No abstract provided.


The "Branding Effect" Of Contracts, D. Gordon Smith Apr 2006

The "Branding Effect" Of Contracts, D. Gordon Smith

Faculty Scholarship

In his case study of the MasterCard IPO and its predecessor piece on the Google IPO, Victor Fleischer claims to find evidence of a branding effect of legal infrastructure. The branding effect is not aimed at reducing the potential for opportunism by a counterparty to a contract, but rather at increasing the attractiveness of a product to present and future users or improving the image of a company in the eyes of regulators, judges, and juries. In this essay commenting on Fleischer's work, I endorse the notion that deal structures have branding effects and position Fleischer's work within ...


Law & Entrepreneurship: Do Courts Matter?, D. Gordon Smith, Masako Ueda Mar 2006

Law & Entrepreneurship: Do Courts Matter?, D. Gordon Smith, Masako Ueda

Faculty Scholarship

In this essay, we sketch the outlines of a research agenda exploring links between courts and entrepreneurship. Our conception of law and entrepreneurship encompasses the study of positive law (including constitutions, statutes, and regulations), common law doctrines, and private ordering that relate to the discovery and exploitation of profitable opportunities by new firms. We briefly survey the economics literatures that relate to law and entrepreneurship, including the law and finance literature launched by the work of Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, and Robert Vishny (LLSV). Relying on the suggestive work of LLSV and other economists who have labored ...


Atomism And The Private Merger Challenge, Paul Stancil Jan 2006

Atomism And The Private Merger Challenge, Paul Stancil

Faculty Scholarship

This Article explores the implications of allowing private parties to challenge mergers and acquisitions under the antitrust laws. It highlights a number of relatively recent developments in antitrust law that suggest an increase in private merger challenges in the future, and it identifies antiquated time of suit doctrines that may lead to inefficient and/or frivolous antimerger filings. It concludes by proposing several significant changes to the existing legal regime: (1) limited fee-shifting; (2) rigid time-of-suit deadlines; (3) single damages; and (4) limits on the use of postacquisition evidence to establish liability. Taken together, these reforms will allow private parties ...


An Emerging Uniformity For International Law, David H. Moore Jan 2006

An Emerging Uniformity For International Law, David H. Moore

Faculty Scholarship

No abstract provided.


"The Irresistible Force Meets The Immovable Object": When Antidiscrimination Standards And Religious Belief Collide In Aba-Accredited Law Schools, Kristin B. Gerdy Jan 2006

"The Irresistible Force Meets The Immovable Object": When Antidiscrimination Standards And Religious Belief Collide In Aba-Accredited Law Schools, Kristin B. Gerdy

Faculty Scholarship

No abstract provided.


State Of Utah V. Douglas A. Lovell : Brief Of Appellee, Utah Supreme Court Jan 2006

State Of Utah V. Douglas A. Lovell : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Case No. 20061025-SC IN THE UTAH SUPREME COURT State of Utah, Plaintift7Appellee, vs. Douglas A. Lovell, Defendant/Appellant. Brief of Appellee Appeal from the denial of a motion to withdraw a guilty plea to aggravated murder, a capital felony, in the Second Judicial District Court of Utah, Weber County, the Honorable Michael D. Lyon presiding.


State Of Utah V. Douglas A. Lovell : Reply Brief, Utah Supreme Court Jan 2006

State Of Utah V. Douglas A. Lovell : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Case No. 20061025-SC APPELLANT'S REPLY BRIEF THIS APPEAL FROM A MEMORANDUM DECISION ON DEFENDANT'S ORIGINAL AND RENEWED MOTION TO WITHDRAW GUILTY PLEA TO AGGRAVATED MURDER ON THE GROUNDS THAT THE TRIAL COURT FAILED TO STRICTLY COMPLY WITH RULE 11 OF THE UTAH RULES OF CRIMINAL PROCEDURE. DEFENDANT/APPELLANT IS INCARCERATED ON DEATH ROW AT THE UTAH STATE PRISON.


Frito-Lay And Transcontinental Insurance Company V. Utah Labor Commission And Amy C. Clausing : Reply Brief, Utah Supreme Court Jan 2006

Frito-Lay And Transcontinental Insurance Company V. Utah Labor Commission And Amy C. Clausing : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

FRITO-LAY and TRANSCONTINENTAL INSURANCE COMPANY, Respondents, vs. UTAH LABOR COMMISSION and AMY C. CLAUSING, Petitioners. Court of Appeals Case No: 20061053-CA Case No. 20080818-SC


Benedict Bichler V. Dei Systems Inc. : Brief Of Appellant, Utah Supreme Court Jan 2006

Benedict Bichler V. Dei Systems Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE ANN BOYDEN


Benedict Bichler V. Dei Systems Inc. : Reply Brief, Utah Supreme Court Jan 2006

Benedict Bichler V. Dei Systems Inc. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE ANN BOYDEN


Benedict Bichler V. Dei Systems, Inc. : Brief Of Appellee, Utah Supreme Court Jan 2006

Benedict Bichler V. Dei Systems, Inc. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from Judgment Entered by The Third Judicial District Court, Salt Lake County, The Honorable Ann Boyden


Ronald Watson Lafferty V. State Of Utah : Brief Of Appellant, Utah Supreme Court Jan 2006

Ronald Watson Lafferty V. State Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELLANT On Appeal from an Order of the Fourth District Court, Provo Department, Honorable Anthony W. Schofield presiding


Bud Allen V. Utah Public Service Comission And Questar Gas : Brief Of Respondent, Utah Supreme Court Jan 2006

Bud Allen V. Utah Public Service Comission And Questar Gas : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

ADDENDUM TO BRIEF OF RESPONDENT QUESTAR GAS COMPANY Petition for Review of a Final Report and Order of the Public Service Commission of Utah


Bud Allen V. Utah Public Service Comission And Questar Gas : Brief Of Petitioner, Utah Supreme Court Jan 2006

Bud Allen V. Utah Public Service Comission And Questar Gas : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

PETITIONERS' OPENING BRIEF (ORAL ARGUMENT REQUESTED) PETITION FOR REVIEW OF AN ORDER OF THE UTAH PUBLIC SERVICE COMMISSION


Bud Allen V. Utah Public Service Comission And Questar Gas : Brief Of Respondent, Utah Supreme Court Jan 2006

Bud Allen V. Utah Public Service Comission And Questar Gas : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

RESPONSIVE BRIEF OF THE UTAH COMMITTEE OF CONSUMER SERVICES On Petition for Review of a Final Order of the Public Service Commission of Utah


Bud Allen V. Utah Public Servie Commission And Questar Gas : Brief Of Respondent, Utah Supreme Court Jan 2006

Bud Allen V. Utah Public Servie Commission And Questar Gas : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF RESPONDENT QUESTAR GAS COMPANY Petition for Review of a Final Report and Order of the Public Service Commission of Utah


Bud Allen, Et Al V. Utah Public Service Commission, And Questar Gas Company : Petitioners' Addenda To Accompany Opening Brief, Utah Supreme Court Jan 2006

Bud Allen, Et Al V. Utah Public Service Commission, And Questar Gas Company : Petitioners' Addenda To Accompany Opening Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

PETITION FOR REVIEW OF AN ORDER OF THE UTAH PUBLIC SERVICE COMMISSION


Western Water V. Jerry D. Olds : Brief Of Appellee, Utah Supreme Court Jan 2006

Western Water V. Jerry D. Olds : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

ON APPEAL FROM A FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, STATE OF UTAH. THE HONORABLE ROBERT K. HILDER, DISTRICT JUDGE, PRESIDING


Western Water V. Jerry D. Olds : Brief Of Appellee, Utah Supreme Court Jan 2006

Western Water V. Jerry D. Olds : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal From the Judgment and Orders of the Third Judicial District Court, the Honorable Robert K. Hilder, Presiding


Western Water V. Jerry D. Olds : Reply Brief, Utah Supreme Court Jan 2006

Western Water V. Jerry D. Olds : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF APPELLANT TO STATE ENTITIES Appeal From the Judgment and Orders Of The Third Judicial District Court, The Honorable Robert K. Hilcler. Presiding.


Western Water V. Jerry D. Olds : Reply Brief, Utah Supreme Court Jan 2006

Western Water V. Jerry D. Olds : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Appellant to 22 Joint Appellees and Conservation Groups


State Of Utah V. Wade Maughan : Reply Brief Of Petitioner Defendant, Utah Supreme Court Jan 2006

State Of Utah V. Wade Maughan : Reply Brief Of Petitioner Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF PETITIONER/DEFENDANT This is the reply brief of Petitioner in an interlocutory appeal in a capital murder case presided over by the Honorable Ben H. Hadfield of the First District Court, Box Elder County, State of Utah.


State Of Utah V. Wade Maughan : Brief Of Appellee, Utah Supreme Court Jan 2006

State Of Utah V. Wade Maughan : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELLEE AND CROSS-APPELLANT APPEAL FROM AN INTERLOCUTORY ORDER GRANTING IN PART AND DENYING IN PART THE STATE'S MOTION TO DISQUALIFY DEFENSE COUNSEL, FIRST DISTRICT COURT, BOX ELDER COUNTY, UTAH, THE HONORABLE BEN H. HADFIELD, PRESIDING


Ronald Watson Lafferty V. State Of Utah : Brief Of Appellee, Utah Supreme Court Jan 2006

Ronald Watson Lafferty V. State Of Utah : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPELLEE'S BRIEF APPEAL FROM THE DENIAL OF POST-CONVICTION RELIEF, THE HONORABLE ANTHONY W. SCHOFIELD, FOURTH DISTRICT COURT, UTAH COUNTY, UTAH, PRESIDING


Kelly F. Pearson V. Kimberlee Y. Pearson; Pete D. Thanos : Reply Brief, Utah Supreme Court Jan 2006

Kelly F. Pearson V. Kimberlee Y. Pearson; Pete D. Thanos : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF APPELLANTS APPEAL FROM THE UTAH COURT OF APPEALS