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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Dispelling The Fog About Direct Taxation, James Campbell Jan 2012

Dispelling The Fog About Direct Taxation, James Campbell

James Campbell

A full interpretation of capitation taxes in their historical context is here used as the key to a fresh understanding of the nature and practice of apportioned direct taxation under the Constitution. Contrary to common misconceptions, it appears that none of the key elements of the Federal powers of direct taxation – capitations, other direct taxes, and apportionment – are of uncertain meaning, or no longer of any relevance because of the abolition of slavery. Evidence for these conclusions is drawn from historical studies of taxation, records of the Constitutional Convention, Federal and state tax statutes of the period, contemporaneous …


Causal Apportionment: A Reply To The Critics, Mario Rizzo Jan 1986

Causal Apportionment: A Reply To The Critics, Mario Rizzo

Mario Rizzo

This article follows-up on the theory of apportionment by relative causal contribution developed in the Columbia Law Review. It is an answer to criticism by statisticians.


Causal Apportionment In The Law Of Torts, Mario Rizzo Oct 1980

Causal Apportionment In The Law Of Torts, Mario Rizzo

Mario Rizzo

This article presents a theory and a technology of damage apportionment (in cases of joint, concurrent or successive torts) based on relative causal contributions. While the theory is developed along the lines of strict liability, it is also applicable, mutatis mutandis, to a negligence framework.