Digital Commons Network^™

A Global Wealth Tax?, Reuven S. Avi-Yonah

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Mitt Romney famously said during his 2012 presidential campaign that “corporations are people.” Mindy Herzfeld’s column comparing the proposed 2 percent global wealth tax on billionaires with the corporate minimum tax (pillar 2) raises the opposite question: Are people like corporations for tax purposes? I would say no, for several reasons.

Crypto And The Exit Tax, Reuven S. Avi-Yonah

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Robert Goulder has devoted one of his excellent columns to the fascinating case of “Bitcoin Jesus.” As explained by Goulder:

Another billionaire was in the news recently for reasons that relate to taxation, although it’s doubtful he will be accused of much virtue. The man known internationally as “Bitcoin Jesus” got himself arrested in Spain on April 27. He now faces extradition to the United States, where an eight-count criminal tax indictment awaits him. Bitcoin Jesus is coming home.

This is a far cry from the Jesus born in Bethlehem who once said that it was easier for a camel …

Sourcing Derivatives: Time To Reverse The Rule?, Reuven S. Avi-Yonah

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In their excellent Tax Notes article on the application of withholding taxes on derivatives, Lorenz F. Haselberger and Michael B. Shulman write that:

A taxpayer entering into a derivative may derive income of a kind that is different from the kind of income that would have been realized had the taxpayer instead acquired the underlying asset, resulting in different U.S. withholding tax treatment.

For example, when a foreign taxpayer enters into a swap referencing an equity security or interest rate, amounts it receives that correspond to dividends or interest generally are characterized as periodic payments on a financial contract rather …

Analysis Of R X C Tables Containing Outliers, David L. Farnsworth

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We examine the problem of accommodating outliers in 𝑟 × 𝑐 tables of measurement data when there are no replications. The suggested strategy for the determination of the cells that contain outliers and for handling them analytically is easily understood and implemented in practice and presented in even the most elementary statistics course along with the course’s ANOVA material.

Analysis Of Data Containing Outliers, David L. Farnsworth

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A strategy for accommodating outlying observations, as well as non-representative, suspect, missing, or otherwise troubling observations, is described. Each unusual observation is decomposed into the sum of two components. One component is the value implied by the trusted observations in the data set. The other component is the unusual part. In this way, the fitting of the data set can then proceed, and, additionally, a numerical value can be ascribed to the unusual part. The method offers not only an antidote for observations with irregular numerical values, which often have the power to contaminate and alter analyses, but also a …

A Social Status Theory Of Defamation Law, Yonathan A. Arbel

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Despite deep inequality in social status and social capital in American society, legal scholarship has done relatively little to understand the structures that produce status and maintain its distribution. The Article argues that defamation law plays such a role. The orthodox view is that defamation law's goal is to protect dignity. This view was expressed in a famous Supreme Court holding in 1966, which held that defamation law is necessary to protect "the essential dignity" of "every human being. " The later seminal work of Robert Post cemented it. Seemingly unrelated, scholars of defamation law have found its structure mystifying, …

Decision Time: Illuminating Performance In India’S District Courts, Varsha Aithala, Anushka Sachan, Srijoni Sen, Himanshu Payal, Chiranjib Bhattacharya

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Studies on court administration in India have so far focused their attention largely on caseload management and judge strength of the higher judiciary. In-depth investigations of the performance of India’s lower courts, the primary loci of a citizen’s contact with the judiciary, are rarer, largely due to the lack of available data at scale. We conduct a quantitative analysis of a large dataset of more than 1700 Indian district courts between 2010 and 2018, to assess court performance through the measure of timeliness of case disposal. We use median days to decision—the median number of days it takes for a …

Once More: Digital Services Taxes Should Be Creditable, Reuven S. Avi-Yonah

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In a previous column, I argued that digital services taxes should be creditable as in-lieu-of taxes under section 903. A new analysis by Jane Gravelle sheds further light on this topic but does not change the outcome.

Gravelle makes three arguments against the creditability of DSTs. First, she argues that the whole concept underlying both pillar 1 and DSTs (allocating value to market jurisdictions) is wrong, and therefore they cannot be justified. Second, she argues that DSTs are passed on in full to consumers and that this precludes creditability. Finally, she argues that DSTs are discriminatory excise taxes on U.S. …

Comparing The Roles Of Secondary Schools And Universities In The Formation Of British Cabinet Ministers1922-2022, John William Hogan, Sharon Feeney

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The role played by the education system in the creation and reproduction of governing elites, and its countervailing potential to create a more meritocratic and egalitarian society, has been a topic of enduring concern. However, these debates have been rendered opaque by an inability to directly compare elite formation systems both within and between countries. To resolve this problem, we employ elite formation quantitative indices to compare the roles of the secondary school and higher education systems, of the United Kingdom of Great Britain and Northern Ireland, in the formation of its political elite – cabinet ministers – between 1922–2022. …

The Sufficiency Of Disclosure Of Ai Inventions, Mateo Aboy, Aparajita Lath, Timo Minssen, Kathleen Liddell

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• The complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions?

• One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure?

• The Boards of Appeal of the European Patent …

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Defining Relevant Markets In Digital Ecosystems, Daniel A. Crane

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Traditional market definition focuses on the substitutability of two products or geographies. In digital ecosystems, competition often occurs in important ways that elide definition in conventional substitutability terms. This Article considers three kinds of economic rivalry that do not fit the conventional market definition mold: (1) Single-side competition: In two sided markets, firms may compete on just one side of the market. For example, Google and Facebook compete for the same advertisers, but their users on the other side of the market do not necessarily think of the offerings (social media and universal search) as substitutes; (2) Ecosystem competition: Technology …

The Usefulness Of Pillar 1, Reuven S. Avi-Yonah

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Many commentators have declared that pillar 1 of the base erosion and profit-shifting project 2.0 is dead. By its explicit terms, the multilateral tax convention (MLC) implementing pillar 1 cannot go into effect this year without ratification by the United States, and the chances of the United States ratifying it before or after the election are low given massive opposition in Congress. If the MLC does not go into effect by December 31, 2024, over 30 countries will likely impose digital services taxes on January 1, 2025, making the whole pillar 1 project (which was aimed at preventing the spread …

Revisiting The Conceptual Terrains Of The Right To Accessibility In India: The Role Of Judicial Enforcement, Sanjay Jain, Malika Jain

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The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate the constitutional and statutory manifestations of the principle of accessibility. Further, the …

Limitation On Benefits Or Principal Purpose Test? Part 2, Reuven S. Avi-Yonah

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Part 1 of this column discussed the choice between the limitation on benefits and principal purpose test (PPT) and the history of the LOB in U.S. tax treaty policy.

How effective is the LOB article in U.S. tax treaties, now that it no longer includes the PPT from the original U.S. LOB?

Senolytic Intervention Improves Cognition, Metabolism, And Adiposity In Female App, Yimin Fang, Mackenzie R Peck, Kathleen Quinn, Jenelle E Chapman, David Medina, Samuel A Mcfadden, Andrzej Bartke, Erin R Hascup, Kevin N Hascup

Articles

Senescent cells accumulate throughout the body and brain contributing to unhealthy aging and Alzheimer's disease (AD). The APP^NL-F/NL-F amyloidogenic AD mouse model exhibits increased markers of senescent cells and the senescence-associated secretory phenotype (SASP) in visceral white adipose tissue and the hippocampus before plaque accumulation and cognitive decline. We hypothesized that senolytic intervention would alleviate cellular senescence thereby improving spatial memory in APP^NL-F/NL-F mice. Thus, 4-month-old male and female APP^NL-F/NL-F mice were treated monthly with vehicle, 5 mg/kg dasatinib + 50 mg/kg quercetin, or 100 mg/kg fisetin. Blood glucose levels, energy metabolism, spatial memory, amyloid burden, and …

Limitation On Benefits Or Principal Purpose Test? Part 1, Reuven S. Avi-Yonah

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An interesting recent column by Tax Notes’ Lee Sheppard criticizes the principal purpose test (PPT) that was adopted as a minimum standard in the OECD’s base erosion and profit-shifting project 1.0 and has since been incorporated into many tax treaties through the multilateral instrument. Sheppard explains:

Readers will recall that BEPS 1.0 had a set of minimum standards for participating countries, one of which was a treaty amendment to cement the purpose of the treaty to prevent both double taxation and double nontaxation. Participants could choose between a seemingly simple, subjective principal purpose test (PPT) and a complicated but objective …

Theoretical Justifications For Trade Secrets Protection Of Routine Business Information, Timothy Murphy

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For over a century trade secret law has protected internal business information from misappropriation by departing employees. Over this time, courts developed various limiting doctrines to minimize the impact of this broad protection on employee mobility in particular cases. However, the workplace has changed significantly over this time and these changes raise substantial questions as to whether there is any valid theoretical justification for continuing to protect routine business information under trade secret law. In an environment where the vast majority of trade secrets claims are against former employees, the lack of sound justification for protecting routine business information, the …

Sex-Dependent Differences In Vulnerability To Early Risk Factors For Posttraumatic Stress Disorder: Results From The Aurora Study, Stephanie Haering, Antonia V. Seligowski, Sarah D. Linnstaedt, Vasiliki Michopoulos, Stacey L. House, Francesca L. Beaudoin, Xinming An, Thomas C. Neylan, Robert A. Swor

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No abstract provided.

Crypto Losses, Xuan-Thao Nguyen, Jeffrey A. Maine

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The crypto industry has been hit hard with various market forces and scams, leaving investors with trillion-dollar losses in recent years. The appropriate tax treatment of such losses has yet to be fully examined, as there is scant guidance and a dearth of academic literature on the subject. This Article attempts to fill this gap by applying general tax principles to crypto losses and making several recommendations to improve the clarity and consistency of tax results. It explores various theories of crypto loss “realization” (including theft, abandonment, and worthlessness), highlighting where additional guidance is needed. And it considers appropriate legislative …

Sidestepping Substance: How Administrative Law Plays An Outsized Role In Shaping Environmental Policy And Why Recalibration Is Necessary, Sanne H. Knudsen

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Administrative law and environmental law are companion fields. Still, they are not interchangeable. They promote different values. And yet, sometimes when courts resolve environmental disputes by relying on administrative doctrines, courts elevate the values of administrative law over those codified in environmental statutes. This is particularly concerning when courts rely on judicially-created administrative law doctrines to sidestep congressional intent as expressed by the substantive aims of environmental statutes.

To reduce the risk of sidestepping—whether inadvertent or intentional—this Article critically examines how administrative law doctrines can undermine environmental law. Drawing on prominent case examples, including the Supreme Court decision in Sackett …

Bizindan Miinawa (Listen Again), Matthew L.M. Fletcher

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Johnson v. McIntosh was as fake as John Wayne’s teeth. That one was a property dispute, remember? Two wealthy, privileged, and powerful white people squared off over thousands of acres of land acquired from Indigenous nations who called the vast valley of Eagle River home. On one side, you had a former United States Supreme Court Justice; on the other, you had a wealthy political benefactor/beneficiary. No tribal nations or Indigenous peoples to be seen or heard from. And of course, the competing property claims at issue barely overlapped, if at all, thanks to stipulations of the parties at the …

Sexual Assault Victims Face A Penalty For Adjacent Consent, Jillian J. Jordan, Roseanna Sommers

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Sexual assault is pervasively underreported, and victims are often blamed and stigmatized. We highlight an important but overlooked factor that may contribute to these outcomes: adjacent consent. Even when a rape is objected to verbally and physically, and accomplished only through violent force, respondents see the victim as less virtuous and deserving of support if she previously consented to something sexual with her perpetrator (e.g., kissing, foreplay, sex on a prior occasion). Our findings are striking in an age of “no means no” and “affirmative consent”—and notably hold among even young and politically progressive respondents who do not otherwise disapprove …

Has Cost Sharing Outlived Its Usefulness?, Reuven S. Avi-Yonah

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In her thoughtful column on cost sharing, Mindy Herzfeld explains the history of costsharing arrangements (CSAs) going all the way back to 1966, and then asks several questions, including: “Should the existing CSA regs be scrapped in favor of another regime, or simply eliminated as a choice for taxpayers?”

Pillar 2 And Specific Benefits For Multinationals, Reuven S. Avi-Yonah

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In a recent column, Tax Notes’ Martin Sullivan asked whether a country that wishes to neutralize the effect of pillar 2 on its investment incentives can get around the OECD prohibition on a multinational enterprise receiving what amounts to a refund of the pillar 2 tax it pays to that country. He writes that:

It would make a mockery of the pillar 2 taxation system if an investment hub imposed a 15 percent minimum tax on a company — thereby shielding profit in that hub from other jurisdictions’ pillar 2 tax — and then, through a separate mechanism, unconditionally returned …

Comparing Thin And Volume Regimes Of Analog Holograms For Wavefront Sensing, Emma Branigan, Andreas Zepp, Suzanne Martin, Matthew Sheehan, Szymon Gladysz, Kevin Murphy

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Two analog holographic wavefront sensors, for measurement of defocus, have been fabricated as both thin and volume phase transmission holograms in a self-developing photopolymer. This represents the first reported direct comparison of hologram regimes when designed for wavefront sensing. An analysis of the effect of crosstalk in the presence of one other aberration mode (astigmatism X (0/90°), coma X (horizontal), and primary spherical aberration) was carried out with each version of the sensor. The performance of thin and volume analog holographic wavefront sensors was characterized under emulated conditions associated with moderate atmospheric turbulence.

Preventing Inversions, Reuven S. Avi-Yonah

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Inversions (transactions in which a U.S. parent corporation becomes a subsidiary of a foreign corporation, but the headquarters remain in the United States) were a major focus of tax policy before the Tax Cuts and Jobs Act.1 There have been no inversions since the TCJA, but that is more a result of the current rate structure. If the corporate tax rate is increased, inversions may come back, and the time to act to prevent that is now.

Inclusion4eu: Towards A Framework Of Inclusive Software Design Processes And Practices, Damian Gordon, Andrea Curley, Emma Murphy, John Gilligan, Anna Becevel, Dympna O'Sullivan

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This research is based on a trans-European research project aimed at enhancing software design and engineering practices to promote inclusivity, involving stakeholders from academia, industry, and disability advocacy services. To explore the nature and meaning of inclusion, a number of different approaches to inclusion are outlined, including models of equitable design (Accessible Design, Inclusive Design, Universal Design, and Design for All), User Design processes (Co-Production, Co-Creation, User-Centred Design, Co-Design, and Participatory Design), and Software Engineering Methodologies (Linear, Spiral, and Agile). These three categories of models are combined to form a three-dimensional environment in which software development projects can be mapped …

Designing Self-Management For And With Persons Living With Dementia Osullivan, Dympna, Dympna O'Sullivan, Michael Wilson, Damon Berry, Orla Moran, Siobhan O,Neill, Ciaran Nugent, Jonathan Turner, Julie Doyle

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Promoting high quality of life for persons living with dementia has emerged as a central goal in global public health agendas. The emphasis has shifted from extending life to actively enhancing overall well-being by postponing or preventing additional disability. This represents a departure from traditional medical perspectives on dementia to a more socially-oriented approach, placing a strong focus on wellbeing.

In parallel, the concept of self-management for people with living dementia has emerged, where this is a person-centred approach in which the individual is empowered and has ownership over the management of their life and condition. Practice recommendations for person-centered …

Should Large Corporate Mergers Be Subsidized?, Reuven S. Avi-Yonah

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On March 21 Sens. Sheldon Whitehouse, DR. I., and J.D. Vance, R-Ohio, introduced the Stop Subsidizing Giant Mergers Act. They explained that large mergers have been increasing in recent years and that since 2007, up to 40 percent by value of all mergers have been structured as tax free. They argue that the tax breaks to mergers are a “wasteful subsidy.”

Knowledge Held Hostage: What The British Library Ransomware Attack Can Teach Us, Moira Fiscus

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The British Library hack and its response serve as a clear example of the vulnerability of institutions of higher learning to such attacks and the importance of maintaining an open dialogue with the public during recovery. This open dialogue is currently lacking as universities attempt to move on and cover up these attacks quickly. This paper aims to start the conversation by providing three examples of institutions that went through a hack that left their services down for a significant period, how it affected those they serve, how these institutions responded, and what information was made public.