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All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah Jan 2005

All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah

Articles

This paper divides up the history of U.S. international taxation into four periods, on the basis of what was the basic theoretical principle underlying the major legislative enactments made in each period. The first period lasted from the adoption of the Foreign Tax Credit in 1918 to the end of the Eisenhower Administration, and was dominated by the concept of the right to tax as flowing from benefits conferred by the taxing state. The second period lasted from 1960 until the end of the Carter Administration, and was dominated by the concept of capital export neutrality and an emphasis on …


Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares Jan 2005

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares

Faculty Scholarship

There is a rich intellectual history to the sociological study of crime and punishment that encompasses multiple and interrelated traditions. Some of these traditions trace their roots to the European social theorists of the nineteenth century, particularly Emile Durkheim, Max Weber, and Karl Marx. Although only Durkheim and Weber systematically studied law (and only Durkheim actually studied punishment), all three social theorists facilitated the development of sociological research and theory on crime and punishment. Durkheim's Suicide: A Study in Sociology for example, investigated the relationship between social integration and suicide rates, which, in turn, provided a model of inquiry for …


After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge Jan 2005

After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge

Articles & Book Chapters

This article sketches the rise and fall of industrial citizenship in Canada, and presents two very different models of citizenship that might replace it. It begins by defining the concept of citizenship, and explaining how industrial citizenship has conventionally been understood. It then traces the genealogy of industrial citizenship in Canadian labour law, and how the processes of feminization, deregulation, and globalization have challenged it as a normative ideal and undermined the conditions that have sustained it. The article concludes by considering two scenarios for industrial citizenship in the future: one in which the substance of citizenship is circumscribed by …


A Primer On The Doctrine Of Federal Sovereign Immunity, Gregory C. Sisk Jan 2005

A Primer On The Doctrine Of Federal Sovereign Immunity, Gregory C. Sisk

Oklahoma Law Review

No abstract provided.


Book Review Of Jean Stefancic & Richard Delgado, How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (2005), Milton C. Regan Jan 2005

Book Review Of Jean Stefancic & Richard Delgado, How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (2005), Milton C. Regan

Georgetown Law Faculty Publications and Other Works

"How Lawyers Lose Their Way" claims that lawyers' unease stems from a distinctive source: their excessive use of and exposure to "formalism" in their work. I think that they are on to something, but the analysis in this book is too underdeveloped to provide much insight into what it is. The authors' use of the term "formalism" risks being so inclusive that it loses explanatory power. In addition, their claim that overreliance on formalism is the chief culprit in lawyers' unhappiness is vulnerable to the charge that lawyers arc suffering the effect of trends in the workplace affecting a wide …


Judicial Review Before Marbury, William Michael Treanor Jan 2005

Judicial Review Before Marbury, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dimensions: how well judicial review was established at the time of the Founding and when it was exercised. Where prior work argues that judicial review was rarely exercised before Marbury (or that it was created in Marbury), …


National Security Versus Defense Counsel's "Need To Know": An Objective Standard For Resolving The Tension, Rachel S. Holzer Jan 2005

National Security Versus Defense Counsel's "Need To Know": An Objective Standard For Resolving The Tension, Rachel S. Holzer

Fordham Law Review

No abstract provided.


Arresting Vaulting Pole Technology, Russ Versteeg Jan 2005

Arresting Vaulting Pole Technology, Russ Versteeg

Vanderbilt Journal of Entertainment & Technology Law

Generally speaking, sports rules perform at least six functions, many of which overlap. Sports rules: 1) define the game; 2) promote safety; 3) prohibit unfair advantage; 4) promote administrative efficiency; 5) foster good sportsmanship; and, 6) promote fairness. Presumably, as sports evolve, rule makers must seriously consider at least two important questions when deciding how to respond to any given technological innovation that affects a sport. They must consider its potential impact on the integrity of the sport (i.e., how it affects both the definition of the game as well as whether it creates an unfair advantage and/or otherwise hinders …


Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham Jan 2005

Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Controversy surrounding scholastic rankings arises, in part, because of complexities associated with measuring academic contributions. Legal researchers use various methodologies to assess scholarly production and impact but all suffer from inherent limitations and none provides data useful to scholarly self-reflection. The 10-year old Legal Scholarship Network (LSN) offers potential to improve considerably on both scores of public and personal assessment. This Essay critically evaluates approaches to conceptualizing scholarly profit margins, explores how LSN can enhance these conceptions, and opens new frontiers for this innovative Web-based repository of legal writing.


Human Rights And The Critique Of The Common Law, David Campbell Jan 2005

Human Rights And The Critique Of The Common Law, David Campbell

Cardozo Law Review

No abstract provided.


Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan Dec 2004

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …


Kenneth L. Shropshire And Timothy Davis’ The Business Of Sports Agents (Book Review), Paul M. Anderson Dec 2004

Kenneth L. Shropshire And Timothy Davis’ The Business Of Sports Agents (Book Review), Paul M. Anderson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


"Omalous" Autonomy, Perry Dane Dec 2004

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.


The Future Of Legal Science In Civil Law Systems, Horacio Spector Nov 2004

The Future Of Legal Science In Civil Law Systems, Horacio Spector

Louisiana Law Review

No abstract provided.


Toward An Incentivized But Just Intellectual Property Practice: The Compensated Ip Proposal, Caroline Nguyen Oct 2004

Toward An Incentivized But Just Intellectual Property Practice: The Compensated Ip Proposal, Caroline Nguyen

Cornell Journal of Law and Public Policy

No abstract provided.


Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu Oct 2004

Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

Since the establishment of the TRIPs Agreement, intellectual property protection has been expanding rapidly, and many less developed countries have become dissatisfied with the international intellectual property regime. From bilateral free trade agreements to the increasing use of technological protection measures, many commentators fear that the recent "one-way ratchet" will roll back the substantive and strategic gains made by less developed countries during the negotiation of the TRIPS Agreement. Interestingly, intellectual property rightsholders feel equally threatened by the recent developments, in particular the development of the Doha Declaration, the World Summit on the Information Society, the WIPO Development Agenda, and …


Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman Sep 2004

Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

This Article focuses on the question, how should policymakers aiming to minimize the cost of sanctioning utilize legal and nonlegal sanctions when designing a system of criminal sanctions. After presenting the general economic case for the use of nonlegal sanctions the article turns to present a model of shaming, which unlike existing models, incorporates the endogenous effects of legal and nonlegal sanctions. This model demonstrates that tailoring an efficient regime that combines legal and nonlegal sanctions might be more difficult than previously perceived by law and economics scholars. A specific case study presented in this article is of the current …


The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari Sep 2004

The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari

Buffalo Public Interest Law Journal

No abstract provided.


The New Frontier Of Federal Indian Law: The United States Supreme Court's Active Divestiture Of Tribal Sovereignty, E. Andrew Long Sep 2004

The New Frontier Of Federal Indian Law: The United States Supreme Court's Active Divestiture Of Tribal Sovereignty, E. Andrew Long

Buffalo Public Interest Law Journal

No abstract provided.


Intellectual Property And Public Policy In Historical Perspective: Contestation And Settlement, Susan Sell Sep 2004

Intellectual Property And Public Policy In Historical Perspective: Contestation And Settlement, Susan Sell

Loyola of Los Angeles Law Review

No abstract provided.


Digital Property/Analog History, Susan Scafidi Sep 2004

Digital Property/Analog History, Susan Scafidi

Loyola of Los Angeles Law Review

No abstract provided.


Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu Sep 2004

Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu

Loyola of Los Angeles Law Review

No abstract provided.


"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber Sep 2004

"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.


Manhood And Subversion During World War I: The Cases Of Eugene Debs And Alexander Berkman, Kathleen Kennedy Jun 2004

Manhood And Subversion During World War I: The Cases Of Eugene Debs And Alexander Berkman, Kathleen Kennedy

North Carolina Law Review

No abstract provided.


The Supreme Court’S Family Law Doctrine Revisited: Insights From Social Science On Family Structures And Kinship Change In The United States, C. Quince Hopkins Apr 2004

The Supreme Court’S Family Law Doctrine Revisited: Insights From Social Science On Family Structures And Kinship Change In The United States, C. Quince Hopkins

Cornell Journal of Law and Public Policy

No abstract provided.


Pesticides, Human Health, And The Food Quality Protection Act, Kristina Thayer, Jane Houlihan Feb 2004

Pesticides, Human Health, And The Food Quality Protection Act, Kristina Thayer, Jane Houlihan

William & Mary Environmental Law and Policy Review

No abstract provided.


Valpo Lawyer: Winter 2004, Valparaiso University School Of Law Jan 2004

Valpo Lawyer: Winter 2004, Valparaiso University School Of Law

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.


The Uses Of The Social Transformation Of American Medicine: The Case Of Law, Timothy Stoltzfus Jost Jan 2004

The Uses Of The Social Transformation Of American Medicine: The Case Of Law, Timothy Stoltzfus Jost

Scholarly Articles

Not available.


The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky Jan 2004

The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky

Journal Articles

No abstract provided.


The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken Jan 2004

The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken

UIC Law Review

No abstract provided.