Open Access. Powered by Scholars. Published by Universities.®

Law and Economics Commons

Open Access. Powered by Scholars. Published by Universities.®

6016 Full-Text Articles 3354 Authors 2177719 Downloads 125 Institutions

All Articles in Law and Economics

Faceted Search

6016 full-text articles. Page 1 of 155.

Business Taxes Reinvented: The Dual Business Enterprise Income Tax, Edward D. Kleinbard 2017 University of Southern California

Business Taxes Reinvented: The Dual Business Enterprise Income Tax, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

This short overview and accompanying term sheet summarize the key features of a proposed comprehensive business tax environment termed the Dual Business Enterprise Income Tax (the Dual BEIT). The term sheet format is a useful mode of presentation for capturing in one accessible document the major policy recommendations of the Dual BEIT (or any other comprehensive tax reform proposal).

This paper makes the case that the Dual BEIT satisfies the objectives of policymakers from both parties for comprehensive business tax reform that can serve as the platform for economic growth while collecting appropriate levels of tax revenue. The arguments are ...


Standing Voting Instructions: Empowering The Excluded Retail Investor, Jill E. Fisch 2017 University of Pennsylvania Law School

Standing Voting Instructions: Empowering The Excluded Retail Investor, Jill E. Fisch

Faculty Scholarship

Despite the increasing importance of shareholder voting, regulators have paid little attention to the rights of retail investors who own approximately 30% of publicly traded companies but who vote less than 30% of their shares. A substantial factor contributing to this low turnout is the antiquated mechanism by which retail investors vote. The federal proxy voting rules place primary responsibility for facilitating retail voting in the hands of custodial brokers who have limited incentives to develop workable procedures, and current regulatory restrictions impede market-based innovation that incorporate technological innovations.

One of the most promising such innovations is standing voting instructions ...


Volume 4 Issue 2 (Complete Spring 2017), DAVID J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown 2017 david cook

Volume 4 Issue 2 (Complete Spring 2017), David J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown

Lincoln Memorial University Law Review

A complete version of LMU Law Review Volume Issue 2 for Spring 2017.


Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown 2017 Lincoln Memorial University Duncan School of Law

Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown

Lincoln Memorial University Law Review

The purpose of this paper is to provide a high-level survey of our nation’s prohibition policies within the context of the costs of the law enforcement efforts upholding those policies. The discussion will offer a cursory review of the economic expense of the war on drugs with tangential coverage of the constitutional, institutional and intangible expenses that are inseparable from an assessment of the costs of America’s drug control efforts. Part I provides a historical review of illicit drug use in the United States, while Part II supplies the evolution of the country’s efforts to codify its ...


Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha 2017 Occidental College

Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha

Pace Environmental Law Review

With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states ...


Why Is Everyone Afraid Of Ip Licensing?, Jonathan M. Barnett 2017 University of Southern California

Why Is Everyone Afraid Of Ip Licensing?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Legal scholars have tended to approach the licensing of intellectual property rights with skepticism, calling for legal intervention to protect the public domain against purported encroachment by IP licensors. Recent decisions by the U.S. Supreme Court are consistent with this view. This skeptical approach overlooks three core efficiencies generated by real-world content and technology licensing markets. First, licensing permits firms to customize supply chains in order to allocate supply-chain functions to the least-cost provider of each function, thereby minimizing total innovation and commercialization costs. Second, licensing permits firms to construct hub-and-spoke formations in which larger downstream firms bear production ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


Why Cyclicality Matters To Access To Mortgage Credit, Patricia A. McCoy, Susan M. Wachter 2017 Boston College Law School

Why Cyclicality Matters To Access To Mortgage Credit, Patricia A. Mccoy, Susan M. Wachter

Boston College Journal of Law & Social Justice

Virtually no attention has been paid to the problem of cyclicality in debates over access to mortgage credit, despite its importance as a driver of tight credit. Housing markets are prone to booms accompanied by bubbles in mortgage credit in which lenders cut underwriting standards, leading to elevated loan defaults. During downturns, these cycles artificially impede access to mortgage credit for underserved communities. During upswings, these cycles make homeownership unnecessarily precarious for many who attain it. This volatility exacerbates wealth and income disparities by ethnicity and race. The boom-bust cycle must be addressed in order to assure healthy and sustainable ...


Waiting For Homeownership: Assessing The Future Of Homeownership, Jonathan Spader, Christopher Herbert 2017 Joint Center on Housing Studies of Harvard University

Waiting For Homeownership: Assessing The Future Of Homeownership, Jonathan Spader, Christopher Herbert

Boston College Journal of Law & Social Justice

The decade-long decline in the homeownership rate in the United States has generated substantial discussion over its future path. In the face of continued uncertainty, this Article seeks to assess what we know and do not know about the sources of the decline and the likely trajectory of the homeownership rate in coming years. The analyses use the Annual Social and Economic Supplement (ASEC) of the Current Population Survey for 1985 to 2015 to examine the determinants of changes in the homeownership rate, using shift-share analyses to measure the extent to which changing demographics explain the observed changes. The results ...


The Housing Market Cannot Fully Recover Without A Robust Rental Policy, Michael A. Stegman 2017 Bipartisan Policy Center

The Housing Market Cannot Fully Recover Without A Robust Rental Policy, Michael A. Stegman

Boston College Journal of Law & Social Justice

There is no one explanation for why access to mortgage credit remains so tight this far into the housing recovery, nor is there a consensus on why our national homeownership rate has fallen to a fifty-year low, but one thing is clear: the homeownership and rental markets are two sides of the same coin. As such, policymakers must understand that pressures and problems in one have implications for the other. As we disentangle and address the interwoven causes of our credit access and homeownership challenges, we do have a set of affordable rental policies and programs, proven effective and informed ...


The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber 2017 La Salle University

The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber

Economic Crime Forensics Capstones

Being able to seize property without a criminal conviction has become a hot button topic in periodical and academic papers. The Civil Asset Forfeiture program gave law enforcement the ability to seize “guilty” property, which can be defined as contraband, proceeds from criminal activity, or tools and instrumentalities used in the commission of a crime, without a criminal conviction on the part of the owner. Numerous academic authors and journalists have called for reform, racial unfairness, and targeting of lower earning communities. However, the majority of data regarding the Civil Asset Forfeiture program is qualitative in nature with few quantitative ...


Capital Taxation In An Age Of Inequality, Edward D. Kleinbard 2017 University of Southern California

Capital Taxation In An Age Of Inequality, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

The standard view in the U.S. tax law academy remains that capital income taxation is both a poor idea in theory and completely infeasible in practice. But this ignores the first-order importance of political economy issues in the design of tax instruments. The pervasive presence of gifts and bequests renders moot the claim that the results obtained by Atkinson and Stiglitz (1976) counsel against taxing capital income in practice.

Taxing capital income is responsive to important political economy exigencies confronting the United States, including substantial tax revenue shortfalls relative to realistic government spending targets, increasing income and wealth inequality ...


The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Phillips Pantin 2017 Villanova University Charles Widger School of Law

The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Phillips Pantin

Villanova Law Review

No abstract provided.


Lead Plaintiffs And Their Lawyers: Mission Accomplished, Or More To Be Done?, Adam C. Pritchard, Stephen Choi 2017 University of Michigan Law School

Lead Plaintiffs And Their Lawyers: Mission Accomplished, Or More To Be Done?, Adam C. Pritchard, Stephen Choi

Law & Economics Working Papers

This chapter, written for the Research Handbook on Shareholder Litigation, surveys empirical work studying the lead plaintiff provision of the Private Securities Litigation Reform Act (PSLRA). That work finds that the lead plaintiff provision has encouraged institutional investors to participate in securities class actions and that those institutional investors have negotiated lower attorneys' fees. Those benefits from the lead plaintiff provision are undercut, however, by political contributions made by plaintiffs' lawyers. We suggest additional reforms to promote transparency and competition among lawyers for lead plaintiffs. We also suggest reforms to the lead plaintiff provision intended to enhance the screening effect ...


Quantitative Legal History, Daniel M. Klerman 2017 USC Law School

Quantitative Legal History, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Legal historians seldom use statistics, but this is a missed opportunity. Quantitative methods are particularly helpful in understand core legal history issues, including the effect of legal change and the influence of multiple factors on legislation, judicial decisionmaking, and citizen behavior. Recent work by Gavin Wright, Paul Mahoney, and Michele Landis Dauber shows how tables, graphs, and regression analysis can be woven into persuasive historical narrative and analysis. Collaboration between legal historians and quantitative social scientists also provides an untapped avenue to enrich the field.


Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll 2017 University of Pennsylvania Law School

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll

Faculty Scholarship

In this report, I argue that the inversion situation is more nuanced, complex, and ambiguous than Edward D. Kleinbard acknowledges, and I challenge Kleinbard’s claim that U.S. multinationals are on a tax par with their foreign competitors.


Institutional Corruption In The Supreme Court Of India.Pdf, Shubhankar Dam, Madhav S. Aney, Giovanni Ko 2017 Singapore Management University

Institutional Corruption In The Supreme Court Of India.Pdf, Shubhankar Dam, Madhav S. Aney, Giovanni Ko

Shubhankar Dam

We investigate whether judicial decisions are a#11;ected by career concerns of judges by analysing two questions: Do judges respond to pandering incentives by ruling in favour of the government in the hope of receiving jobs after retiring from the Court? Does the government actually reward judges who ruled in its favour with prestigious jobs? To answer these questions we construct a dataset of all Supreme Court of India cases involving the
government from 1999 till 2014, with an indicator for whether the decision was in its favour or not. We #12;find that pandering incentives have a causal ...


Origin And Impact Of Government Regulations, Joseph M. Fitzgerald 2017 St. John's University School of Law

Origin And Impact Of Government Regulations, Joseph M. Fitzgerald

The Catholic Lawyer

No abstract provided.


Vow Of Poverty, John Myers 2017 St. John's University School of Law

Vow Of Poverty, John Myers

The Catholic Lawyer

No abstract provided.


Revenue Ruling 77-290, George E. Reed 2017 St. John's University School of Law

Revenue Ruling 77-290, George E. Reed

The Catholic Lawyer

No abstract provided.


Digital Commons powered by bepress