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Articles 1 - 18 of 18

Full-Text Articles in Law

Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses, Alice J. Won Nov 2013

Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses, Alice J. Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Proposal For The Tax Treatment Of Interest In A Territorial System, Martin A. Sullivan May 2013

A Proposal For The Tax Treatment Of Interest In A Territorial System, Martin A. Sullivan

Pepperdine Law Review

To prevent negative effective tax rates in a territorial system, a multinational corporation’s deductions for interest expense attributable to foreign profits must be disallowed. To determine what portion of worldwide interest is foreign, it is commonly suggested that interest be allocated in proportion to assets. Because it would ease administrative problems and because it would reduce the incentives to shift profits through aggressive transfer pricing, allocation of interest in proportion to gross profits would be a superior approach. Also, contrary to the usual argument, the United States should not be reluctant to unilaterally adopt interest disallowance rules because it would …


Corporate And International Tax Reform: Proposals For The Second Obama Administration (And Beyond), Reuven S. Avi-Yonah May 2013

Corporate And International Tax Reform: Proposals For The Second Obama Administration (And Beyond), Reuven S. Avi-Yonah

Pepperdine Law Review

The passage of the American Taxpayer Relief Act of 2012 (“ATRA”) offers an opportune moment to consider proposals for corporate and international tax reform. With the debate over individual tax rates for the income and estate tax settled for the present, the President and Congress are free to consider broader reforms. This paper will attempt to raise some proposals for US corporate and international tax reform, beginning with long-term options (a 10 year horizon), continuing with the medium term (2-5 years) and concluding with short-term options (1-2 years). The main proposals are for the US to adopt a VAT and …


The Globalization Of Corporate Tax Reform, Steven A. Bank May 2013

The Globalization Of Corporate Tax Reform, Steven A. Bank

Pepperdine Law Review

With the growth of multinational corporations and its effect on corporate tax revenues, it is not surprising that international tax reform is a major part of President Obama’s Framework for Business Tax Reform as he begins his second term. Noticeably missing from this and other discussions of the major structural reform proposals, however, is any mention of the influence and importance of international corporate tax reform efforts. Although the concern over corporate tax evasion is especially pronounced in the U.S., the "decentering" of multinational corporations and corporate tax revenues is by no means an exclusively American problem. Around the world, …


Toward An International Standard Of Environment, George P. Smith Ii May 2013

Toward An International Standard Of Environment, George P. Smith Ii

Pepperdine Law Review

No abstract provided.


The Status Of Administrative Judges In The U.K.: Recruitment, Tenure, Training And Appraisal, Martin Partington Apr 2013

The Status Of Administrative Judges In The U.K.: Recruitment, Tenure, Training And Appraisal, Martin Partington

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang Apr 2013

In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang

Journal of the National Association of Administrative Law Judiciary

The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.


The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger Apr 2013

The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin Mar 2013

Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells Feb 2013

When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells

Pepperdine Dispute Resolution Law Journal

The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.


Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel Feb 2013

Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel

Pepperdine Dispute Resolution Law Journal

The article presents information on the doctrine of the stare decisis under the court of arbitration for sport with respect to the awards and arbitration for the disputes on anti-doping in the sport of track and field. The jurisdiction of the commercial and the disciplinary disputes of the Olympic Games are exercised by the court of arbitration for sport. Information on the role of the doctrine of the civil law is also presented.


The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner Feb 2013

The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner

Pepperdine Dispute Resolution Law Journal

The article presents information on the evolution of international commercial arbitration and viability of alternative dispute resolution (ADR) process. It briefly discusses the importance of international commercial arbitration and several attributed reasons for its decline such as Americanization, nationalization, and overregulation. It reflects mediation as the replacement for arbitration, and compares the advantages of mediation and arbitration.


International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble Feb 2013

International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble

Pepperdine Law Review

The United Nations, through a series of five treaties, has created a body of international space law which controls the activities in space of states, international organizations, and private interests. Corporations planning an investment in commercial space ventures must consider the restrictions and obligations which space law will impose on their activities. This article discusses the substantive principles of the law of outer space and focuses on those provisions which will affect commercial space activities.


The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt Jan 2013

The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt

Pepperdine Law Review

No abstract provided.


Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk Jan 2013

Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk

Pepperdine Law Review

No abstract provided.


The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco Jan 2013

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.


Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane Jan 2013

Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane

Pepperdine Law Review

No abstract provided.


Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro Jan 2013

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.