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Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter 2010 University of California, Hastings College of the Law

Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Constructive Trust In Singapore: Five Persistent Puzzles, Hang Wu TANG 2010 Singapore Management University

The Constructive Trust In Singapore: Five Persistent Puzzles, Hang Wu Tang

Research Collection School Of Law

This paper investigates some persistent difficulties surrounding the constructive trust. The five persistent puzzles relating to the constructive trust that are considered in this paper are: the terminology puzzle, the institutional and remedial puzzle, the explanatory puzzle, the bankruptcy puzzle and the Torrens puzzle. It is the author’s thesis that these five enduring puzzles must be addressed and ultimately unravelled in order to ensure the coherent development of the law in this area.


Foreword, Lawrence A. Zelenak 2010 Duke Law School

Foreword, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


Pollock, Macomber, And The Role Of The Federal Courts In The Development Of The Income Tax In The United States, Charlotte Crane 2010 Duke Law

Pollock, Macomber, And The Role Of The Federal Courts In The Development Of The Income Tax In The United States, Charlotte Crane

Law and Contemporary Problems

Crane notes that the federal income tax is much more a lawyer's tax than either the income taxes of other jurisdictions or the several nonincome federal taxes. She locates the source of the legalistic nature of the tax in the Supreme Court's 1895 opinion in Pollock v. Farmers' Loan & Trust Co., invalidating the income tax of 1894 as a constitutionally impermissible unapportioned direct tax. She describes how the ghost of Pollock hovered over the income tax for decades after its reintroduction in 1913, inspiring Eisner v. Macomber and other judicial explorations of the constitutional meaning of income. Moreover ...


The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike 2010 Duke Law

The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike

Law and Contemporary Problems

Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging ...


The Federal Retail Sales Tax That Wasn’T: An Actual History And An Alternative History, Lawrence A. Zelenak 2010 Duke Law School

The Federal Retail Sales Tax That Wasn’T: An Actual History And An Alternative History, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


The Rise And Fall Of Post—World War Ii Corporate Tax Reform, Steven A. Bank 2010 Duke Law

The Rise And Fall Of Post—World War Ii Corporate Tax Reform, Steven A. Bank

Law and Contemporary Problems

The United States is unique in subjecting corporate income to two layers of tax. In what is called a "classical system," corporate income is taxed once at the entity level when earned and a second time at the individual level when distributed to shareholders in the form of a dividend. By contrast, in most other countries, corporate- and shareholder-level taxes are fully or partially integrated through some form of credit or deduction. America's double taxation of corporate income is a much-criticized but persistent feature of its current tax system despite numerous reform proposals over the last half-century or so ...


Foreword, Kenneth M. Karas 2010 District Judge, S.D.N.Y.

Foreword, Kenneth M. Karas

Pace Law Review

No abstract provided.


"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power 2010 Widener University School of Law

"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Pace Law Review

No abstract provided.


How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors 2010 PJ Sage, Inc.

How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors

Pace Law Review

No abstract provided.


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee 2010 University of Pennsylvania

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

Faculty Scholarship

No abstract provided.


The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman 2010 Seattle University School of Law

The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman

Seattle University Law Review

Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or outright misinterpretation ...


Catching The Waive: The Third Circuit Joins The Growing Trend Of Circuit Courts In Voiding A Class-Arbitration Waiver In Homa V. American Express Co., Steven D. Millman 2010 Villanova University Charles Widger School of Law

Catching The Waive: The Third Circuit Joins The Growing Trend Of Circuit Courts In Voiding A Class-Arbitration Waiver In Homa V. American Express Co., Steven D. Millman

Villanova Law Review

No abstract provided.


Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii 2010 Seattle University School of Law

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we ...


Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao 2010 Seattle University School of Law

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

Seattle University Law Review

We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.


See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George 2010 Seattle University School of Law

See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George

Seattle University Law Review

Much corporate legal scholarship considers such fact patterns as beyond the scope of the discipline’s core concerns. Yet, increasingly, questions are asked concerning the scale and scope of modern corporate power. This Article will challenge the conventional understanding of what the core discipline of corporate law should encompass and argues that the failure to focus on precisely these sorts of factual scenarios involving allegations of corporate complicity in human rights violations and environmental degradation is misguided and short-sighted.


Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft 2010 Seattle University School of Law

Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft

Seattle University Law Review

In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset sales ...


A Time-Honored Model For The Profession And The Academy, Michael A. Fitts 2010 University of Pennsylvania Law School

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts

Faculty Scholarship

No abstract provided.


The Inevitability Of Federal Sovereign Immunity, Gregory C. Sisk 2010 Villanova University Charles Widger School of Law

The Inevitability Of Federal Sovereign Immunity, Gregory C. Sisk

Villanova Law Review

No abstract provided.


A Statute In Particularly Serious Need Of Reinterpretation: The Particularly Serious Crime Exception To Withholding Of Removal, Michael McGarry 2010 Boston College Law School

A Statute In Particularly Serious Need Of Reinterpretation: The Particularly Serious Crime Exception To Withholding Of Removal, Michael Mcgarry

Boston College Law Review

Withholding of removal provides that a deportable alien may avoid removal if she can show that it is more likely than not that her life or freedom will be threatened if she is removed to a particular country. Aliens are not eligible for withholding of removal, however, if they are found to have been convicted of a particularly serious crime as defined by 8 U.S.C. § 1231(b)(3)(B)(ii). Although Congress provided a per se definition of a particularly serious crime in the statute, the majority of U.S. courts of appeals have held that immigration judges ...


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