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Not Too Salt-Y: The Disparate Federal Income Tax Treatment Of Business And Non-Business State And Local Taxes, Michael S. Knoll 2017 University of Pennsylvania Law School

Not Too Salt-Y: The Disparate Federal Income Tax Treatment Of Business And Non-Business State And Local Taxes, Michael S. Knoll

Faculty Scholarship

The Tax Cuts and Jobs Act, H.R. 1, would eliminate the federal income tax deduction for nonbusiness state and local taxes while maintaining the deduction for business state and local taxes. That disparate treatment has generated a storm of negative commentary. In this short essay, I consider whether the federal tax law should allow a deduction for business state and local taxes assuming that there is no deduction for nonbusiness state and local taxes. I argue that investors and businesses, including pass-through businesses, should be allowed to deduct state and local property and sales taxes, but not general income ...


Mediation Styles And Participants’ Perception Of Success In Consultative Councils: The Case Of Guadalajara, Mexico, David López García 2017 The New School

Mediation Styles And Participants’ Perception Of Success In Consultative Councils: The Case Of Guadalajara, Mexico, David López García

Journal of Public Deliberation

This article entails a comparative study of municipal consultative councils in Guadalajara, Mexico, to explore the mediation styles employed by those in charge of conducting the councils’ deliberation, which I call Mediators of Deliberative Process (MDP). Through the construction of an indicator called Participants’ Perception of Success, the article evaluates the relationship between the mediators’ styles and the degree to which participants think that the consultative council (CC) has been successful in achieving its purported goals. The results suggest that 1) MDPs exert different levels of directiveness that change over the course of the mediation according to the type of ...


Crowdsourcing: A New Tool For Policy-Making?, Araz TAEIHAGH 2017 Singapore Management University

Crowdsourcing: A New Tool For Policy-Making?, Araz Taeihagh

Research Collection School of Social Sciences

Crowdsourcing is rapidly evolving and applied in situations where ideas, labour, opinion or expertise of large groups of people is used. Crowdsourcing is now used in various policy-making initiatives; however, this use has usually focused on open collaboration platforms and specific stages of the policy process, such as agenda-setting and policy evaluations. Other forms of crowdsourcing have been neglected in policy-making, with a few exceptions. This article examines crowdsourcing as a tool for policy-making and explores the nuances of the technology and its use and implications for different stages of the policy process. The article addresses questions surrounding the role ...


Climate Change Risk And The Maryland State Retirement And Pension System, Wes L. Hanson, Matthew Binstead, Nathan Hultman, Alan S. Miller, Travis St. Clair 2017 University of Maryland at College Park

Climate Change Risk And The Maryland State Retirement And Pension System, Wes L. Hanson, Matthew Binstead, Nathan Hultman, Alan S. Miller, Travis St. Clair

Wes L. Hanson

Climate change poses a real and meaningful threat to economies, industries, and companies at global, national, and local levels. The physical impacts of climate change create multiple, well-documented risks to people, governments, and business, but the risks are not limited to physical damages: other important risks include loss of competitiveness and value associated with the transition to a low carbon economy, and legal liability for the mismanagement of such risks. These risks are particularly relevant to public pension funds, which have long-running, predefined obligations to beneficiaries and need to sustain growth over longer time horizons.


Community Paramedicine Pilot Programs: Lessons From Maine, Karen B. Pearson MLIS, MA, George Shaler MPH 2017 University of Southern Maine, Muskie School of Public Service, Maine Rural Health Research Center

Community Paramedicine Pilot Programs: Lessons From Maine, Karen B. Pearson Mlis, Ma, George Shaler Mph

Access / Insurance

Community paramedicine programs are beginning to flourish across the nation, and the need to provide demonstration or pilot programs is essential to providing a consistent and high-level standard for this model of care. While the overarching goals are to align with the Triple Aim, piloting a community paramedicine program also allows each community to develop and implement a program tailored to the healthcare needs of their specific community. A successful program builds the evidence base that can then be used to create legislative change necessary to financially sustain this model of care across the healthcare delivery system. This article provides ...


Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp

Faculty Scholarship

Why would anyone want to use antitrust law as a wealth distribution device when far more explicit statutory tools are available for that purpose? One feature of antitrust is its open-textured, nonspecific statutes that are interpreted by judges. As a result, using antitrust to redistribute wealth may be a way of invoking the judicial process without having to go to Congress or a state legislature that is likely to be unsympathetic. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new ...


Material Support Laws And Critical Race Theory, Nichole M. Pace 2017 University of Washington Tacoma

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are ...


Freedom Camping Politics And Policy: A Case Study Of Four Australian Local Communities, Rodney W. Caldicott 2017 Southern Cross University

Freedom Camping Politics And Policy: A Case Study Of Four Australian Local Communities, Rodney W. Caldicott

Dr Rod Caldicott

Freedom camping is a practice whereby domestic or international travellers occupy by deliberate choice a recreational vehicle (RV) as a mode of accommodation in an open space that is not bound by market-based commercial norms and camping and/or caravan park-based regulations. This thesis describes, critically analyses and explains the public-policy process concerning freedom camping in four Australian local government communities. Pragmatic and reflexive knowledge-making underpin this grounded multi-methods research. Perspectives of 41 local, state, national and international-level informants are critiqued. Their voices are interrogated against discipline specific literature including planning and policy, tourism, recreation and leisure, additional to threads ...


Before International Tax Reform, We Need To Understand Why Firms Invert, Michael S. Knoll 2017 University of Pennsylvania Law School

Before International Tax Reform, We Need To Understand Why Firms Invert, Michael S. Knoll

Faculty Scholarship

A wave of corporate inversions by U.S. firms over the past two decades has generated substantial debate in academic, business, and policy circles.

The core of the debate hinges on a couple of key economic questions: Do U.S. tax laws disadvantage U.S.-domiciled companies relative to their foreign competitors? And, if so, do inversions improve the competitiveness of U.S. multinational firms both abroad and at home?

There is unfortunately little, if any, empirical work directly determining whether U.S.-based MNCs are currently tax-disadvantaged compared to their foreign rivals, or measuring the amount by which (if ...


Antitrust And The Design Of Production, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Antitrust And The Design Of Production, Herbert J. Hovenkamp

Faculty Scholarship

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it that way, even per se unlawful naked price fixing among rivals is a restraint on distribution rather than production. Naked price fixing assumes a product that has already been designed and built, and the important cartel decision is what should be each firm’s output ...


Intellectual Property And Competition, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Intellectual Property And Competition, Herbert J. Hovenkamp

Faculty Scholarship

A legal system that relies on private property rights to promote economic development must consider that profits can come from two different sources. First, both competition under constant technology and innovation promote economic growth by granting many of the returns to the successful developer. Competition and innovation both increase output, whether measured by quantity or quality. Second, however, profits can come from practices that reduce output, in some cases by reducing quantity, or in others by reducing innovation.

IP rights and competition policy were traditionally regarded as in conflict. IP rights create monopoly, which was thought to be inimical to ...


Mediawiki: Supporting Imsma Documentation, Dionysia Kontotasiou, Olivier Cottray 2017 GICHD

Mediawiki: Supporting Imsma Documentation, Dionysia Kontotasiou, Olivier Cottray

Journal of Conventional Weapons Destruction

Over the last few years, wikis have arisen as powerful tools for collaborative documentation on the internet. The Encyclopedia Wikipedia has become a reference, and the power of community editing in a wiki allows people all over the world to contribute their knowledge. Use of a wiki for software documentation provides an effective collaboration tool as information can be easily fed into the system. Certain wiki implementations, such as MediaWiki, are project-oriented and include functionalities such as automatic page versioning, easy navigation, simple search mechanisms, as well as online, offline, and mobile usage.


Thriving Cities: How To Define, Apply, And Measure Well-Being At Scale, Jaclyn Gaffaney 2017 University of Pennsylvania

Thriving Cities: How To Define, Apply, And Measure Well-Being At Scale, Jaclyn Gaffaney

Master of Applied Positive Psychology (MAPP) Capstone Projects

What is a thriving city? Is it even possible to raise the well-being of an entire city, and why bother? Recent advancements in positive psychology have made it possible to define, measure, and increase well-being on a much larger scale. This provides an unprecedented opportunity for cities to explore well-being. In order to increase the well-being of the city – cities will need to think carefully about what that means, why it is important, and how they will do it. This capstone posits that cities can define what well-being means for themselves inclusive of: the target (the city, individuals, or other ...


Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent McNeil 2017 Selected Works

Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil

Kent McNeil

No abstract provided.


The Relationship Between Federal Citizenship And Immigration Policies And The Internationalization Of Higher Education In Canada, Rashed Al-Haque 2017 The University of Western Ontario

The Relationship Between Federal Citizenship And Immigration Policies And The Internationalization Of Higher Education In Canada, Rashed Al-Haque

Electronic Thesis and Dissertation Repository

Using Actor-Network Theory (ANT) as a way to do Critical Policy Analysis (CPA), this instrumental case study explores the relationships between citizenship and immigration (CI) policies and the internationalization of Canadian higher education. By utilizing a critical-sociomaterial approach, the research exposes actors and actor-networks that are otherwise overlooked in these policy areas. Moreover, this lens underscores the impacts and consequences of policy and how the enrollment and/or exclusion of actors in actor-networks enables certain actors to exert control, power, and primacy over others.

While most research on internationalization identifies the academy as the site for internationalization policy enactment, this ...


Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr. 2017 University of Pennsylvania Law School

Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.

Faculty Scholarship

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law ...


Exclusionary Megacities, Wendell Pritchett, Shitong Qiao 2017 University of Pennsylvania Law School

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

Faculty Scholarship

Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the ...


The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman 2017 University of Georgia

The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman

Faculty Scholarship

When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database ...


Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group 2017 University of Pennsylvania Law School

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process ...


Knowledge Of Health Insurance Concepts And The Affordable Care Act Among Rural Residents, Erika Ziller PhD, Jennifer Lenardson MHS, Amanda Burgess MPPM 2017 University of Southern Maine, Muskie School of Public Service, Maine Rural Health Research Center

Knowledge Of Health Insurance Concepts And The Affordable Care Act Among Rural Residents, Erika Ziller Phd, Jennifer Lenardson Mhs, Amanda Burgess Mppm

Access / Insurance

Health insurance literacy is central to identifying eligibility for coverage and subsidies, choosing a plan, and using optimal healthcare services under the Affordable Care Act (ACA) or other insurance reform initiatives. To fully benefit from policy efforts to improve health insurance access, rural residents must have the ability to select the plan that best meets their healthcare needs. However, a higher proportion of rural residents possess characteristics that may put them at risk of lower health insurance literacy, including lower incomes and educational attainment, less experience with private insurance, and historically higher uninsured rates. Using Health Reform Monitoring Survey data ...


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