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Full-Text Articles in Law
Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl
Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl
Vanderbilt Journal of Transnational Law
When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature comply with the principles of Islamic law. This Article sets forth proposals for reform that …
Rationalizing The Taxation Of Reorganizations And Other Corporate Acquisitions, Herwig J. Schlunk
Rationalizing The Taxation Of Reorganizations And Other Corporate Acquisitions, Herwig J. Schlunk
Vanderbilt Law School Faculty Publications
This article examines the taxation of human shareholders in the case of mergers and acquisitions. Currently, the relevant law is extraordinarily complex, utterly inconsistent, and in many instances arguably unfair. There are really only two plausible ways to cure these ills. The first would involve moving to a tax system with more fulsome gain recognition, most likely in the form of mark-to-market taxation. This option is not in my opinion feasible (either technically or what is perhaps more important, politically). Accordingly, the second potential cure, moving to a tax system with less gain recognition, merits attention. In this article, I …