Law Commons^™

Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States, Donald B. Tobin, Ellen P. Aprill

Faculty Scholarship

Petitioners in Moore v. United States have argued to the Supreme Court that the word “incomes” in the Sixteenth Amendment authorizes only the taxation of “realized” income. Thus, they assert, a repatriation tax (referred to as MRT) in the Tax Cuts and Jobs Act is invalid because it taxes unrealized gains. While other briefs in the case explain that, as properly understood, the tax at issue taxes only realized gains, this brief counters the petitioners’ Sixteenth Amendment argument. It explains that economists, accountants, and lawyers in the early twentieth century all defined income in broad terms, embracing the definition of …

Obduskey V. Mccarthey & Holthus Llp: Declining To Distinguish Between Judicial And Non-Judicial Foreclosure In Furtherance Of The Fdcpa’S Mission, Moshe Y. Gugenheim

Proxy

No abstract provided.

Regulating Offshore Finance, William J. Moon

Faculty Scholarship

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …

The Target Method For Partnership Special Allocations And Why It Should Be Safe-Harbored, Daniel S. Goldberg

Faculty Scholarship

The Treasury Regulations’ concept of “substantial economic effect” is the holy grail of partnership special allocations. Special allocations that have substantial economic effect will come within a safe harbor in the regulations and have assurance that the allocations that are provided in the partnership agreement will be respected. In order for the allocations to come within the substantial economic effect safe harbor, the partnership must (1) maintain capital accounts in accordance with the Treasury Regulations’ standard; (2) provide for liquidation in accordance with capital accounts in all events; and (3) either (a) provide for a deficit restoration obligation (DRO) on …

Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee

Faculty Scholarship

Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred. This article offers the simplest fix proposed thus far, and it is contrarian. This Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of compensation. The status quo is the baseline. The role of regulation should be to create the conditions necessary to induce competition. This article proposes that a small, recurring portion of revenue earned by the largest rating agencies …

Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric

Journal of Business & Technology Law

No abstract provided.

Pitfalls In Brazilian Bankruptcy Law For International Bond Investors, Jeffrey M. Anapolsky, Jessica F. Woods

Journal of Business & Technology Law

No abstract provided.

Leverage, Sanctions, And Deterrence Of Accounting Fraud, Urska Velikonja

Faculty Scholarship

The empirical evidence suggests that firms overpay for fraud liability and overspend on internal compliance mechanisms (which are not very effective at preventing fraud). Yet, insiders who commit fraud are rarely sanctioned for their wrongdoing, which produces moral hazard and individual underdeterrence.
Two factors explain the failure to sanction managers who commit fraud. First, managers control the information revealing who was involved in account fraud and, thus, can impede external investigations and sanctions. Second, managers also influence whether the firm will investigate and sanction accounting fraud internally. Managers’ control over settlement and the availability of directors’ and officers’ insurance further …

Does Sarbanes-Oxley Foster The Existence Of Ethical Executive Role Models In The Corporation?, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.

How Do Securities Laws Influence Affect, Happiness, & Trust?, Peter H. Huang

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley Turns Six: An Enforcement Perspective, Linda Chatman Thomsen, Donna Norman

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley's Insight: The Role Of Distrust, Renee M. Jones

Journal of Business & Technology Law

No abstract provided.

Culture Is The Key To Employee Adherence To Corporate Codes Of Ethics, Lisa Hope Nicholson

Journal of Business & Technology Law

No abstract provided.

Western Investment Hedged Partners L.P. V. Sunset Financial Resources, Inc.: Exercising Control Of Corporate Machinery Through A Manipulative Democracy, Matthew G. Laver

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley, Kermit The Frog, And Competition Regarding Audit Quality, Matthew J. Barrett

Journal of Business & Technology Law

No abstract provided.

The Changing Atmospherics Of Corporate Crime Sentencing In The Post-Sarbanes-Oxley Act Era, Peter J. Henning

Journal of Business & Technology Law

No abstract provided.

Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley Act Of 2002 Five Years On: What Have We Learned?, Catherine Shakespeare

Journal of Business & Technology Law

No abstract provided.

The Future Of Enterprise Regulation: Corporate Social Accountability And Human Freedom, Lindsay J. Thompson

Journal of Business & Technology Law

No abstract provided.

The Impact Of The Sarbanes-Oxley Act On Non-Shareholder Constituents: A Silver Lining, But Will It Endure?, Lisa M. Fairfax

Journal of Business & Technology Law

No abstract provided.

Corporate Ethics In A Devilish System, Kent Greenfield

Journal of Business & Technology Law

No abstract provided.

The Sarbanes-Oxley Act Of 2002: Setting A Baseline For The Adoption Of Enterprise Ethics, Dean Krehmeyer

Journal of Business & Technology Law

No abstract provided.

Shutting The Door On Pension Fund Investment In Hedge Funds - Protecting Investors That Need Protection, Jonathan H. Bliley

Journal of Business & Technology Law

No abstract provided.

Improving Charitable Accountability , James J. Fishman

Maryland Law Review

No abstract provided.