Law Commons^™

Restoration: The Role Stakeholder Governance Must Play In Recreating A Fair And Sustainable American Economy A Reply To Professor Rock, Leo E. Strine Jr.

All Faculty Scholarship

In his excellent article, For Whom is the Corporation Managed in 2020?: The Debate Over Corporate Purpose, Professor Edward Rock articulates his understanding of the debate over corporate purpose. This reply supports Professor Rock’s depiction of the current state of corporate law in the United States. It also accepts Professor Rock’s contention that finance and law and economics professors tend to equate the value of corporations to society solely with the value of their equity. But, I employ a less academic lens on the current debate about corporate purpose, and am more optimistic about proposals to change our corporate governance …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Positive Education Federalism: The Promise Of Equality After The Every Student Succeeds Act, Christian Sundquist

Articles

This Article examines the nature of the federal role in public education following the recent passage of the Every Student Succeeds Act in December 2015 (“ESSA”). Public education was largely unregulated for much of our Nation’s history, with the federal government deferring to states’ traditional “police powers” despite the de jure entrenchment of racial and class-based inequalities. A nascent policy of education federalism finally took root following the Brown v. Board decision and the enactment of the Elementary and Secondary School Act (“ESEA”) with the explicit purpose of eradicating such educational inequality.

This timely Article argues that current federal education …

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 …

Book Review -- William Patry, How To Fix Copyright, Michael J. Madison

Articles

I review William Patry’s book How to Fix Copyright. The book is noteworthy for its ambitious yet measured effort to diagnose where copyright law has gone astray in recent years. It is less successful with respect to proposing possible changes to the law. Most interesting are parallels between How to Fix Copyright and an earlier comprehensive look at copyright law in the digital era: Paul Goldstein’s Copyright’s Highway: From Gutenberg to the Celestial Jukebox. William Patry and Paul Goldstein each have a lot of faith in the power of consumer choice in the cultural marketplace. That faith leads …

Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] On the fundamental conclusions, the positions argued by Pia Orrenius and Madeline Zavodny and my own are in essential agreement. The immigration policy of the United States is in dire need of changes. The public concern is, in their words, “driven by the increase in immigration in recent years, particularly of unauthorized immigration.” Our mutual worries pertain to the disproportionately adverse impacts of the immigrant inflow on the nation’s low-skilled work force and the high fiscal burden borne by local communities and states with growing immigrant populations. The differences between the two papers center on the approaches taken to …

The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] The starting point for all immigration reform efforts must be making the immigration system enforceable. Nothing else makes sense. Otherwise, immigration policy is on a squirrel wheel going nowhere. Illegal immigrants will keep coming in defiance of its terms.

Tax Reform DisCourse, Anthony C. Infanti

Articles

Our tax system is supposed to serve the public good by fairly raising the revenue that we need to fund public expenditures — for example, the common defense, social safety net programs such as Social Security and Medicare, etc. But the tax reform debate has shifted away from discussing how best to distribute the burden of these common expenditures and instead has come to focus on how tax reform can be used to spur economic growth. Especially in times of economic crisis, these two goals — equitably funding public expenditures and spurring economic growth — sound equally important and somehow …

[Review Of The Book Social Security: A Critique Of Radical Proposals], Gary S. Fields

Gary S Fields

[Excerpt] This book consists of six essays on Social Security. Charles Meyer leads off with a survey of the history of Social Security, its funding problems, and a radical reform proposal by Peter Ferrara to phase out the system. The remaining essays address various features of Social Security.

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Foreword: On Publishing Anonymously, Anthony C. Infanti

Articles

In this foreword to the fall 2010 issue of the Pittsburgh Tax Review, I explain the troubling set of circumstances that led to our decision to publish one of the articles anonymously. All of the articles in this issue share a focus on suggestions for state and local tax reform in Pennsylvania. The circumstances surrounding the decision to publish this one article anonymously raise a host of questions regarding the extent to which tax professionals are free to make suggestions for tax reform without being subject to employer censorship.

The Evolution Of Small Business Reform In Russia, Megan Hanna

Electronic Theses and Dissertations

Small businesses are key drivers in the world’s leading economies. Russia on the whole is lagging behind the developed world in terms of small businesses per capita. Entrepreneurship gradually took shape after the collapse of the Soviet Union despite structural challenges. A discourse on small business reform emerged during the presidency of Vladimir Putin. Legislation passed during his tenure illustrates the evolution of reform in specific areas that affect small business. Surveys show that perceived challenges for small businesses have also evolved. As central control recedes, regional and local authorities will ultimately be responsible for the future of small business …

The Perfect Storm Of Patent Reform?, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

In this response to Light, Koppell argues that the increasing frequency of reform may reflect Congress's inability to make significant changes to the substance of entrenched government programs. Moreover, he observes that the more profound evolution in government has been the movement toward the market-based provision of services, which has created a demand for new competencies in the public sector.