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University of Pennsylvania Carey Law School

2018

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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 Aug 2018

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 Aug 2018

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 Jun 2018

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 May 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

Whiteboard And Black-Letter: Visual Communication In Commercial Contracts, Jay A. Mitchell

University of Pennsylvania Journal of Business Law

No abstract provided.


Masthead Jan 2018

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.


The Role Of Gender Diversity In Corporate Governance, Terry Morehead Dworkin, Cindy A, Schipani Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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.