Lessons In Fiscal Activism,
2015
University of Alabama School of Law
Lessons In Fiscal Activism, Mirit Eyal-Cohen
Mirit Eyal-Cohen
This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli but received a dramatically different treatment. The economically inferior rule survived while its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the causes are both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.
The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act,
2015
The Wharton School of the University of Pennsylvania
The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols
Philip M. Nichols
The Foreign Corrupt Practices Act is domestic legislation and should be analyzed as such. This article addresses a persistent failure in analysis of the Act, by scholars and policymakers alike. Many discussions of the Act approach it from a neomercantilist perspective. This approach contains three flaws. First, whereas neomercantilism envisions manipulation of the market to give advantage to national champion industries, the Foreign Corrupt Practices Act was adopted for the purpose of strengthening and enhancing the integrity of the global market. A neomercantilist perspective is contrary to the purpose of the Act. Second, this article shows that neomercantilism fundamentally misunderstands …
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment,
2015
University of Georgia School of Law
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden
Georgia Journal of International & Comparative Law
No abstract provided.
Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979,
2015
University of Georgia School of Law
Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens
Georgia Journal of International & Comparative Law
No abstract provided.
Disc To Fsc: A Small Business Alternative?,
2015
University of Georgia School of Law
Disc To Fsc: A Small Business Alternative?, Scott J. Klosinski
Georgia Journal of International & Comparative Law
No abstract provided.
Tacking In Stormy Weather: The Shipping Act Of 1984,
2015
University of Georgia School of Law
Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes
Georgia Journal of International & Comparative Law
No abstract provided.
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines,
2015
Jenner & Block
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen
Georgia Journal of International & Comparative Law
No abstract provided.
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba,
2015
University of Georgia School of Law
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect,
2015
University of Georgia School of Law
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
New Tax Withholding Rules For Foreign-Owned United States Real Estate,
2015
Hansell & Post
New Tax Withholding Rules For Foreign-Owned United States Real Estate, John D. Maiers
Georgia Journal of International & Comparative Law
No abstract provided.
Congress And The 1980 International Sales Convention,
2015
Southern Methodist University
Congress And The 1980 International Sales Convention, Peter Winship
Georgia Journal of International & Comparative Law
No abstract provided.
Congress' Role In The International Unification Of Private Law,
2015
United States Department of State
Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft
Georgia Journal of International & Comparative Law
No abstract provided.
Combatting International Terrorism: The Role Of Congress,
2015
United States House of Representatives
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Information Act And Federal Licensing Procedures: Invoking Exemption 7(F) To Protect Examination Materials,
2015
University of Florida Levin College of Law
Freedom Of Information Act And Federal Licensing Procedures: Invoking Exemption 7(F) To Protect Examination Materials, Karl Gruss
Florida Law Review
The United States Supreme Court’s 2011 decision in Milner v. Department of the Navy shut the door on an expansive interpretation of one of the nine enumerated exemptions to the public disclosure requirements mandated under the Freedom of Information Act. No longer can federal agencies seek cover behind the judicially crafted interpretation of Exemption 2 known as the “High 2” that permitted agencies to withhold documents from the public eye solely because disclosure of the information contained therein could risk circumvention of an individual agency’s regulations or statutes. However, Justice Alito’s concurring opinion in Milner hinted at the Court’s possible …
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector,
2015
Cornell Law School
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Laura S. Underkuffler
No abstract provided.
Newsroom: Horwitz On Traffic Obstruction Bills,
2015
Roger Williams University
Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Iqbal, Procedural Mismatches, And Civil Rights Litigation,
2015
FIU College of Law
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Howard M Wasserman
Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, a …
Civil Rights And Federal Courts: Creating A Two-Course Sequence,
2015
Florida International University College of Law
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Structural Principles And Presidential Succession,
2015
Florida State University
Structural Principles And Presidential Succession, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Fraud Is Already Illegal: Section 621 Of The Dodd-Frank Act In The Context Of The Securities Laws,
2015
University of Michigan Law School
Fraud Is Already Illegal: Section 621 Of The Dodd-Frank Act In The Context Of The Securities Laws, Nathan R. Schuur
University of Michigan Journal of Law Reform
In the aftermath of the financial crisis, lawmakers and the public focused on abuses in the securitization industry. Abacus, a Synthetic CDO created by Goldman Sachs & Co., became a symbol of what many felt was a corrupt system when it became known that Goldman and Fabrice Tourre, a Vice President at its Correlation Trading Desk, had assisted a hedge fund in designing the security to fail. Perceived failings of the securities laws to prevent transactions like Abacus spurred Congress to enact Section 621 of the Dodd-Frank Act, which prohibits conflicts of interest in asset-backed securitizations. But the law is …
