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Economic Policy

2016

Articles 1 - 24 of 24

Full-Text Articles in Law

Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst Dec 2016

Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst

Georgia Journal of International & Comparative Law

No abstract provided.


Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations, Thad W. Simons Jr. Dec 2016

Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations, Thad W. Simons Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros Dec 2016

Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros

Georgia Journal of International & Comparative Law

No abstract provided.


The European Company, Pieter Sanders Dec 2016

The European Company, Pieter Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


Contents Dec 2016

Contents

Georgia Journal of International & Comparative Law

No abstract provided.


Different Names For Bullying, Marco Poggio Dec 2016

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …


European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik Nov 2016

European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens Nov 2016

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd Nov 2016

Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd

Georgia Journal of International & Comparative Law

No abstract provided.


Study On The Effect Of Rotterdam Rules To Multimodal Transport Of China Under The Belt And Road Initiative, Jingya Qin Sep 2016

Study On The Effect Of Rotterdam Rules To Multimodal Transport Of China Under The Belt And Road Initiative, Jingya Qin

World Maritime University Dissertations

No abstract provided.


Capturing Regulatory Reality: Stigler’S The Theory Of Economic Regulation, Christopher Carrigan, Cary Coglianese Jul 2016

Capturing Regulatory Reality: Stigler’S The Theory Of Economic Regulation, Christopher Carrigan, Cary Coglianese

All Faculty Scholarship

This paper offers a retrospective assessment of economist George Stigler’s classic article, The Theory of Economic Regulation. Stigler argued that regulation is a product that, just like any other product, is produced in a market, and that it can be acquired from the governmental “marketplace” by business firms to serve their private interests and create barriers to entry for potential competitors. He challenged the idea that regulation arises solely to serve the public interest and demonstrated that important political advantages held by businesses can contribute to industry capture of the regulatory process. Although his argument was largely based on …


Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner Jul 2016

Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner

Indiana Journal of Global Legal Studies

To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.

While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …


Better Work And Global Governance, Paul Alois Jun 2016

Better Work And Global Governance, Paul Alois

Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal …


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh May 2016

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. HSIEH

The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy.  By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit.  As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …


Defending A Mixed Economy, Herbert J. Hovenkamp May 2016

Defending A Mixed Economy, Herbert J. Hovenkamp

All Faculty Scholarship

This essay reviews Jacob S. Hacker's and Paul Pierson's very engaging book, American Amnesia: How the War on Government Led Us to Forget what Made America Prosper (2016).


It’S About Time: Costs And Coverage Of Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews May 2016

It’S About Time: Costs And Coverage Of Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

In the United States, some, but far from all, employers offer certain forms of wage replacement when workers take a leave for medical or family reasons. In 2015, only 12% of all workers had access to paid family leave from their employers, 38% had access to short-term disability leave, and 65% had paid sick leave. Extending paid family and medical leave to all employees through a statewide program would share the costs and expand access, level the employment playing field, and reduce inequality among workers. One often-cited obstacle to providing paid family and medical leave in the United States is …


Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha May 2016

Nuclear Power Plant Policy Comparison Between The U.S. And Republic Of Korea, Vara Ha

International Development, Community and Environment (IDCE)

Five years after the Fukushima accident, people and countries still argue about the opportunity costs of denuclearization. While nuclear power generation has safety and waste issues, it is carbon free. Climate change has created more pressure for greenhouse gas reduction, so a few countries have decided to maintain or even increase nuclear power generation. The United States ranks first for using nuclear power produced by electricity generation, while the Republic of Korea, the closest country in proximity to Japan, ranks fourth in countries that use nuclear power. In fact, Korea even rapidly increased nuclear business after the Fukushima accident. Despite …


United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone Apr 2016

United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone

Senior Theses and Projects

Intra-EU migration is a phenomenon innate to the structure of the European Union. A politico-economic union of twenty-eight countries, the EU does what no other alliance of countries has endeavored before, serving as a unique product of globalization and integration, in every sense of the word. Bound almost entirely by a common currency, the European Union is established in the belief that economic cooperation in Europe can be achieved through the principle of free movement, despite each member states’ individual way of life, language, and political, religious, and cultural ideology.

Since intra-EU migration allows for the possibility of EU integration …


A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr. Mar 2016

A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr.

All Faculty Scholarship

Few still believe that Puerto Rico is capable of meeting all of its financial obligations and continuing to provide basic services. The territory is already in default, and conditions are rapidly deteriorating. Is there a way forward? We think there is. In this short article, we outline a two-part plan for correcting Puerto Rico’s most urgent fiscal and financial problems.

The first step is to create an independent financial control board that has authority over Puerto Rico’s budgets and related issues. Notwithstanding concerns that an externally imposed financial control board (FCB) may interfere with the decision making processes of democratically …


Optimizing Government For An Optimizing Economy, Cary Coglianese Jan 2016

Optimizing Government For An Optimizing Economy, Cary Coglianese

All Faculty Scholarship

Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …


Re-Imagining Antitrust: The Revisionist Work Of Richard S. Markovits, Herbert J. Hovenkamp Jan 2016

Re-Imagining Antitrust: The Revisionist Work Of Richard S. Markovits, Herbert J. Hovenkamp

All Faculty Scholarship

This review discusses Richard Markovits’ two volume book "Economics and the Interpretation" and "Application of U.S. and E.U. Antitrust Law" (2014), focusing mainly on Markovits’ approaches to antitrust tests of illegality, pricing offenses, market definition and the assessment of market power, and his important work anticipating unilateral effects theory in merger cases. Markovits argues forcefully that the Sherman and Clayton Acts were intended to employ different tests of illegality. As a result, even when they cover the same practices, such as mergers, exclusive dealing, or tying, they address them under different tests. He then shows how he would analyze various …


Neighborhoods By Assessment: An Analysis Of Non-Ad Valorem Financing In California, Mathew D. Mccubbins, Ellen C. Seljan Jan 2016

Neighborhoods By Assessment: An Analysis Of Non-Ad Valorem Financing In California, Mathew D. Mccubbins, Ellen C. Seljan

Faculty Scholarship

Non-ad valorem assessments on property are a fiscal innovation born from financial stress. Unable to raise property taxes due to limitations, many localities have turned to these charges as an alternative method to fund local services. In this paper, we seek to explain differential levels of non-ad valorem assessment financing through the analysis of property tax records of a large and diverse set of single family homes in California. We theorize that assessments, as opposed to other forms of taxation, will be used when residents hold anti-redistributive preferences. We show that assessment financing is most common in cities with high …


Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr. Jan 2016

Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.

All Faculty Scholarship

This paper articulates a framework both for assessing the various government bailouts that took place at the onset of Great Recession and for guiding future rescue efforts when they become necessary. The goals for those engineering a bailout should be to be as transparent as possible, to articulate clearly the reason for the intervention, to respect existing priorities among investors, to exercise control only at the top level where such efforts can be seen by the public, and to exit as soon as possible. By these metrics, some of the recent bailouts should be applauded, while others fell short. We …


Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao Dec 2015

Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao

Lan Cao

A currency war is being waged against the dollar-based international economic system established in Bretton Woods after World War II. Much attention has been paid to the use of force and threats to the peace in Iraq, Afghanistan and Syria. But there is little law scholarship that examines threats to the dollar and the dollar-based system. And yet, challenging a country’s currency means challenging it on multiple fundamental fronts. Stocks, bonds, commodities, derivatives and other investments are all priced in a nation’s currency. If the dollar is undermined, the American economy itself and the existing international economic system are also …