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Articles 100861 - 100890 of 103581
Full-Text Articles in Entire DC Network
Reply To Becker And Fuest, James R. Hines Jr.
Reply To Becker And Fuest, James R. Hines Jr.
Articles
It is an understatement to say that the appropriate taxation of foreign business income is a controversial and potentially confusing topic. One of the mysteries of international taxation has been that the prescriptions of what, until recently, was the accepted academic wisdom differs so sharply from widespread international practice. In an important contribution, Richman (1963) noted that a home government confronted with the choice of where it would prefer one of its resident taxpayers to allocate a single unit of capital would weigh the after-foreign-tax return from investing abroad against the pre-tax return from investing at home. From this observation, …
Of Coase, Calabresi, And Optimal Tax Liability, Kyle D. Logue, Joel Slemrod
Of Coase, Calabresi, And Optimal Tax Liability, Kyle D. Logue, Joel Slemrod
Articles
The Article proceeds as follows. Part II offers a primer on the Coase Theorem, beginning with the classic case of neighbor externalizing on neighbor (farmer and rancher), and it explains the basic invariance propositions. Part III shifts the focus to Coasean situations involving buyers and sellers in a market or contractual relationship, buyers and sellers whose market interactions cause harm to third parties. Using supply-and-demand diagrams, we illustrate (in a new way) some of the most basic findings of the economic analysis of law, including both the Coasean invariance and efficiency propositions and the Calabresian least-cost avoider idea. Also in …
First Report Of Viral Pathogens Wssv And Ihhnv In Argentine Crustaceans, Sergio R. Martorelli, Robin M. Overstreet, Jean A. Jovonovich
First Report Of Viral Pathogens Wssv And Ihhnv In Argentine Crustaceans, Sergio R. Martorelli, Robin M. Overstreet, Jean A. Jovonovich
Faculty Publications
The pathogenic penaeid shrimp viruses white spot syndrome virus (WSSV) and infectious hypodermal and hematopoietic necrosis virus (IHHNV) are reported for the first time from Argentina. They both occurred in wild crustaceans in Bahia Blanca Estuary, with WSSV detected by polymerase chain reaction (PCR) or real time quantitative PCR (qPCR) methods as infecting samples as high as 56% of the penaeid Artemesia longinaris Bate, 1888, 67% of the grapsoid Cyrtograpsus angulatus Dana, 1851, and 40% of the introduced palaemonid Palaemon macrodactylus Rathbun, 1902. The highest detected copy number was 39,600 copies/mu g DNA. IHHNV was tested for using PCR in …
Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?, Daniel A. Crane
Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?, Daniel A. Crane
Articles
During both economic crises and wars, times of severe national anxiety, antitrust has taken a back seat to other political and regulatory objectives. Antitrust enforcement has often been a political luxury good, consumed only during periods of relative peace and prosperity. In 1890, the Sherman Act's adoption kicked off the era of national antitrust enforcement. Barely three years later, the panic of 1893 provided the first major test to the national appetite for antitrust enforcement. Perhaps 1893 should not be included in the story: antitrust was still young, and it was not even clear that the Sherman Act applied to …
Applications Of Krische Allylation Towards Natural Product Synthesis., Melvin Rajaratnam
Applications Of Krische Allylation Towards Natural Product Synthesis., Melvin Rajaratnam
Graduate Theses, Dissertations, and Problem Reports (ETD)
A short asymmetric synthesis of the anti-cancer natural product Rugulactone has been attempted. The synthetic route begins with a mono-Krische allylation of 1,3-propane diol resulting in (S)-hex-5-ene-1,3-diol. Acylation followed by ring closing metathesis (RCM) led to the desired α-pyranone core. Similarly, we focused on the bis-Krische allylation, selective acylation and the RCM sequence towards total synthesis of various αpyranone natural products and their analogues. The progress toward this synthesis is described.
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane
Articles
The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …
Student And Faculty Perceptions Of The Quality Of Online Learning Experiences, Michael E. Ward, Gary Peters, Kyna Shelley
Student And Faculty Perceptions Of The Quality Of Online Learning Experiences, Michael E. Ward, Gary Peters, Kyna Shelley
Faculty Publications
Some faculty members are reluctant to offer online courses because of significant concerns relative to the impact of such formats on the quality of instruction, learning, and participant interaction. Faculty members from The University of Southern Mississippi implemented synchronous interactive online instruction (SIOI) in the spring of 2007. This article explores the rationale for use of the particular technology, faculty conclusions regarding implementation of the technology, and the impact of the technology on instruction and learning. Comparisons by students of the quality of the learning experience in this environment with the quality of learning in face-to-face and asynchronous online learning …
Comparative Tax Law: Theory And Practice, Reuven S. Avi-Yonah, Guy Inbar, Omri Marian, Linneu Mello
Comparative Tax Law: Theory And Practice, Reuven S. Avi-Yonah, Guy Inbar, Omri Marian, Linneu Mello
Articles
On 3 October 2009, a Conference on Comparative Tax Law in Theory and Practice took place at the University of Michigan Law School. It was organized by Reuven Avi-Yonah (Professor, University of Michigan Law School) and Mathias Reimann (Editor, American Journal of Comparative Law and Professor, University of Michigan Law School), and was attended by Hugh Ault (Professor of Law, Boston College Law School), Victor Thuronyi (Senior Counsel, International Monetary Fund), Brian Arnold (Professor Emeritus, University of Western Ontario), William Barker (Professor, The Dickinson School of Law, Penn State), Michael Livingston (Professor, Rutgers School of Law-Camden), Carlo Garbarino (Professor of …
On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin
On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin
Faculty Scholarship
Every now and then, our legal system interacts with the spirit world, whether by virtue of seances being used in establishing the defense in a criminal matter or being used by the prosecution to impugn the defendant, or because of the impact that ghosts may have on stigmatized property or by virtue of houses being built on cemeteries, like in the movie "Poltergeist." Our legal system has an uneasy relationship with the spirit world and this chapter in the book explores that relationship.
How Important Are Perpetual Tax Savings?, James R. Hines Jr.
How Important Are Perpetual Tax Savings?, James R. Hines Jr.
Articles
State and local expenditure and tax revenue respond less to the business cycle than do federal spending and revenue, thereby reducing the countercyclicality of total government expenditure and revenue. This paper considers forces responsible for the cyclical pattern of state expenditure and revenue. Annual fluctuations in state personal income are associated with small changes in state spending and significant changes in tax receipts; receipt of federal grants is associated with greater state spending. Tax collections, and to a lesser degree expenditure, of larger states are more closely associated with annual income fluctuations than are the tax collections and expenditure of …
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
Articles
In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his …
New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley
New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley
St. Mary's Law Journal
A new law that recently took effect has changed the way non-judicial real property foreclosure sales work in Texas. The new law, known as House Bill 655 (HB 655), relates to foreclosure sales in Texas. HB 655 amends the language of Texas Property Code section 51.0075(f) dealing with when the purchase price is due at a foreclosure sale. The amendment, however, complicates foreclosure sales in Texas. The purchase price at the foreclosure sale is no longer due immediately. Instead, if a purchaser at a foreclosure sale requests additional time to deliver the purchase price, the trustee—the person conducting the foreclosure …
Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey
St. Mary's Law Journal
Appraisal districts in Texas are implementing a system of taxation that is unequal and unfair. Texas counties, cities, and school districts depend on local ad valorem property taxes for revenue. Under the Texas Property Tax Code, the Code establishes appraisal districts to determine the value of taxable property. There is, however, a discrepancy between the cash value of the land and its appraisal value, especially when compared to commercial property and residential property. Commercial property and high-end residential real estate are often undervalued by appraisal districts throughout the state. Because commercial properties are under-appraised, the tax burden is being unequally …
Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney
Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney
St. Mary's Law Journal
This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
St. Mary's Law Journal
The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …
Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson
Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson
St. Mary's Law Journal
Abstract Forthcoming.
Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum
Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum
St. Mary's Law Journal
The Texas Public Information Act (TPIA) grants everyone a statutory right to access records of a governmental body unless disclosure would violate the law. Generally, TPIA is construed broadly to favor disclosure, but the rise of modern technology like email and text messaging reveals how dated TPIA truly is. According to the recent City of Dallas v. Dallas Morning News, LP, a governmental body is not required to release any business-related electronic communications sent via personal devices. This means governmental employees can conduct official business via personal email or cell phone without being subject to disclosure provisions, unless the requester …
Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery
Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery
St. Mary's Law Journal
Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Standards of review are the cornerstones of appeals. These standards must be woven into the discussion of the facts and substantive law in a manner which persuades the appellate court that the trial court erred. Litigants must measure their factual and legal arguments against the appropriate rubric to write an effective and persuasive brief. Appellate judges agree that mechanical recitation …
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Case Western Reserve Journal of International Law
No abstract provided.
Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis
Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis
Case Western Reserve Journal of International Law
No abstract provided.
Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn
Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn
Case Western Reserve Journal of International Law
No abstract provided.
Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig
Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig
Case Western Reserve Journal of International Law
No abstract provided.
Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku
Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku
Case Western Reserve Journal of International Law
No abstract provided.
Litigating The State Secrets Privilege, Lee Tien
Litigating The State Secrets Privilege, Lee Tien
Case Western Reserve Journal of International Law
No abstract provided.
A Social Movement For Privacy/Against Surveillance - Some Difficulties In Engendering Mass Resistance In A Land Of Twitter And Tweets, Laura Huey
Case Western Reserve Journal of International Law
No abstract provided.
Protecting Antiquities And Saving The Universal Museum: A Necessary Compromise Between The Conflicting Ideologies Of Cultural Property, Nicole Klug
Case Western Reserve Journal of International Law
No abstract provided.
International Ice Hockey: Player Poaching And Contract Dispute, Kate Zdrojeski
International Ice Hockey: Player Poaching And Contract Dispute, Kate Zdrojeski
Case Western Reserve Journal of International Law
No abstract provided.
Book Reviews, Johannes Van Aggelen
Book Reviews, Johannes Van Aggelen
Case Western Reserve Journal of International Law
No abstract provided.
Volume 42 Issue 3 (2010), Cwru Journal Of International Law
Volume 42 Issue 3 (2010), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano
Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano
Case Western Reserve Journal of International Law
No abstract provided.