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Articles 1 - 30 of 53
Full-Text Articles in Business
The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow
The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow
All Faculty Scholarship
In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in getting …
The Salience Theory Of Consumer Financial Regulation, Natasha Sarin
The Salience Theory Of Consumer Financial Regulation, Natasha Sarin
All Faculty Scholarship
Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations: a …
Marginal Rates Under The Tcja, Reed Shuldiner
Marginal Rates Under The Tcja, Reed Shuldiner
All Faculty Scholarship
In this report, Shuldiner argues that although the Tax Cuts and Jobs Act appears to offer an across-the board reduction in individual marginal tax rates augmented by an additional 20 percent reduction in rates on unincorporated business income, the situation is significantly more complex.
Regulation And The Marginalist Revolution, Herbert J. Hovenkamp
Regulation And The Marginalist Revolution, Herbert J. Hovenkamp
All Faculty Scholarship
The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a corporation’s …
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
All Faculty Scholarship
In this article, we respond to Professor Zelinsky’s criticism of our arguments regarding the constitutionality of New York’s tax residence rule. We argue that the Supreme Court’s decision in Wynne requires reconsideration of the New York Court of Appeal’s decision in Tamagni.
Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick
Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick
All Faculty Scholarship
Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.
This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews and analysis of …
Sense And Nonsense About Securities Litigation, Richard A. Booth
Sense And Nonsense About Securities Litigation, Richard A. Booth
University of Pennsylvania Journal of Business Law
No abstract provided.
Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim
Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim
Prize Winning Papers
No abstract provided.
Defending Actions Against Corporate Clients Of Private Security Companies, Andrew L. Pickens
Defending Actions Against Corporate Clients Of Private Security Companies, Andrew L. Pickens
University of Pennsylvania Journal of Business Law
No abstract provided.
Defining And Regulating Hardcore Cartels In Hong Kong: Agency Reconciling The Divergence Between Legislators And International Standard, Sin Chit Lai
University of Pennsylvania Journal of Business Law
No abstract provided.
Private Investment Fund Regulation – Theory And Empirical Evidence From 1998 To 2016, Wulf A. Kaal
Private Investment Fund Regulation – Theory And Empirical Evidence From 1998 To 2016, Wulf A. Kaal
University of Pennsylvania Journal of Business Law
No abstract provided.
Federalizing Direct Paid Leave, Ryan H. Nelson
Federalizing Direct Paid Leave, Ryan H. Nelson
University of Pennsylvania Journal of Business Law
No abstract provided.
What Equity, The Promise Economy, And Cognition Mean For How Fiduciary Law Should Develop, H. Justin Pace
What Equity, The Promise Economy, And Cognition Mean For How Fiduciary Law Should Develop, H. Justin Pace
University of Pennsylvania Journal of Business Law
No abstract provided.
Associational Discrimination Theory & Sexual Orientation-Based Employment Bias, Alex Reed
Associational Discrimination Theory & Sexual Orientation-Based Employment Bias, Alex Reed
University of Pennsylvania Journal of Business Law
No abstract provided.
Whiteboard And Black-Letter: Visual Communication In Commercial Contracts, Jay A. Mitchell
Whiteboard And Black-Letter: Visual Communication In Commercial Contracts, Jay A. Mitchell
University of Pennsylvania Journal of Business Law
No abstract provided.
The Role Of Gender Diversity In Corporate Governance, Terry Morehead Dworkin, Cindy A, Schipani
The Role Of Gender Diversity In Corporate Governance, Terry Morehead Dworkin, Cindy A, Schipani
University of Pennsylvania Journal of Business Law
No abstract provided.
Sectoral Fragmentation In Transnational Contract Law, Joshua Karton
Sectoral Fragmentation In Transnational Contract Law, Joshua Karton
University of Pennsylvania Journal of Business Law
No abstract provided.
Disruptive Lending For Innovations: Signaling Model And Banks Selection Of Startups, Xuan-Thao Nguyen, Erik Hille
Disruptive Lending For Innovations: Signaling Model And Banks Selection Of Startups, Xuan-Thao Nguyen, Erik Hille
University of Pennsylvania Journal of Business Law
No abstract provided.
The Elusive Monitoring Function Of Independent Directors, S. Burcu Avci, Cindy A. Schipani, H. Nejat Seyhun
The Elusive Monitoring Function Of Independent Directors, S. Burcu Avci, Cindy A. Schipani, H. Nejat Seyhun
University of Pennsylvania Journal of Business Law
No abstract provided.
Blockchain And Shareholder Voting: A Hard Fork For 21st Century Corporate Governance, Alexander Daniels
Blockchain And Shareholder Voting: A Hard Fork For 21st Century Corporate Governance, Alexander Daniels
University of Pennsylvania Journal of Business Law
No abstract provided.
Protecting “Crown Jewel” Trade Secrets In The Cloud Through Voluntary Industry-Government Collaborations And Federal Legislation, Alexis Salerno
Protecting “Crown Jewel” Trade Secrets In The Cloud Through Voluntary Industry-Government Collaborations And Federal Legislation, Alexis Salerno
University of Pennsylvania Journal of Business Law
No abstract provided.
Why Don’T General Counsels Stop Corporate Crime?, S. Burcu Avci, H. Nejat Seyhun
Why Don’T General Counsels Stop Corporate Crime?, S. Burcu Avci, H. Nejat Seyhun
University of Pennsylvania Journal of Business Law
No abstract provided.
Resurrecting “A Comprehensive Charter Of Economic Liberty”: The Latent Power Of The Federal Trade Commission, Sandeep Vaheesan
Resurrecting “A Comprehensive Charter Of Economic Liberty”: The Latent Power Of The Federal Trade Commission, Sandeep Vaheesan
University of Pennsylvania Journal of Business Law
No abstract provided.
Some Clarity On Mutual Fund Fees, Stewart Brown, Steven Pomerantz
Some Clarity On Mutual Fund Fees, Stewart Brown, Steven Pomerantz
University of Pennsylvania Journal of Business Law
No abstract provided.
Grasping At Straws: Exploring Pdvsa’S Access To Debtor Relief Under Restructuring Regimes, Lucas Jullian
Grasping At Straws: Exploring Pdvsa’S Access To Debtor Relief Under Restructuring Regimes, Lucas Jullian
University of Pennsylvania Journal of Business Law
No abstract provided.
Applying A New Regulatory Framework To Interested Transactions By Minority Shareholders, Nicolle Stracar
Applying A New Regulatory Framework To Interested Transactions By Minority Shareholders, Nicolle Stracar
University of Pennsylvania Journal of Business Law
No abstract provided.
Lessons From The Greeks – From Corporate Anatomy Toward Metaphysics (Part I), Seth Chertok
Lessons From The Greeks – From Corporate Anatomy Toward Metaphysics (Part I), Seth Chertok
University of Pennsylvania Journal of Business Law
No abstract provided.
Regtech And The New Era Of Financial Regulators: Envisaging More Public-Private-Partnership Models Of Financial Regulators, Yueh-Ping (Alex) Yang, Cheng-Yun Tsang
Regtech And The New Era Of Financial Regulators: Envisaging More Public-Private-Partnership Models Of Financial Regulators, Yueh-Ping (Alex) Yang, Cheng-Yun Tsang
University of Pennsylvania Journal of Business Law
No abstract provided.
Will The Supreme Court Agree With The Nlrb That Pre-Dispute Employment Arbitration Provisions Containing Class And Collective Action Waivers In Both Judicial And Arbitral Forums Violate The National Labor Relations Act – Whether There Is An Opt-Out Or Not?, Christine Neylon O'Brien
University of Pennsylvania Journal of Business Law
No abstract provided.