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Full-Text Articles in Law

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao Apr 2024

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …


Regulating Strategic Sovereign Wealth, Paul Rose May 2023

Regulating Strategic Sovereign Wealth, Paul Rose

BYU Law Review

In an era of ascendant globalization, sovereign wealth funds were used by governments around the world – and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses – to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a political and economic environment in which borders could be easily crossed and foreign assets seemed abundant and easily acquired. After the Financial Crisis, and with the increasing nationalization seen in the 2010s, this environment began to change. Both domestic and international forces spurred the development of new, …


Trade, Globalism, And The American System, Johnny B. Davis May 2023

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference

No abstract provided.


Drug Ideologies Of The United States, Macy Montgomery May 2023

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …


Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar May 2023

Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar

Indonesian Notary

Undang Undang Nomor 28 Tahun 2014 Tentang Hak Cipta mengatur bahwa Hak Cipta sebagai benda bergerak tidak berwujud dapat dijadikan sebagai objek jaminan fidusia. Pada Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia diatur bahwa pembebanan benda jaminan fidusia harus dibuat dengan akta notaris dengan setidak-tidaknya memuat nilai benda yang menjadi objek jaminan fidusia.. Hal tersebut menimbulkan permasalahan terutama mengenai mekanisme penilaian dan pemuatan hak cipta sebagai jaminan karena sifatnya yang merupakan benda bergerak tidak berwujud sehingga sulit untuk dinilai. Penelitian ini dilakukan secara yuridis-normatif dengan melakukan lapangan wawancara terhadap pihak yang berkaitan dengan pembuatan akta jaminan fidusia. Tujuan dari …


Globalize Me: Regulating Distributed Ledger Technology, Roee Sarel, Hadar Y. Jabotinsky, Israel Klein May 2023

Globalize Me: Regulating Distributed Ledger Technology, Roee Sarel, Hadar Y. Jabotinsky, Israel Klein

Vanderbilt Journal of Transnational Law

Distributed Ledger Technology (DLT)—the technology underlying cryptocurrencies—has been identified by many as a game-changer for data storage. Although DLT can solve acute problems of trust and coor- dination whenever entities (e.g., firms, traders, or even countries) rely on a shared database, it has mostly failed to reach mass adoption out- side the context of cryptocurrencies.

A prime reason for this failure is the extreme state of regulation, which was largely absent for many years but is now pouring down via uncoordinated regulatory initiatives by different countries. Both of these extremes—under-regulation and over-regulation—are consistent with traditional concepts from law and economics. …


Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School May 2023

Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School

Reports and Resources

No abstract provided.


The Ethics And Policy Of Personal Data Exchanges, Maria A. Staszkiewicz Apr 2023

The Ethics And Policy Of Personal Data Exchanges, Maria A. Staszkiewicz

Honors Theses (PPE)

This thesis explores the impact of personal-data-driven profit-making strategies on consumer rights and democratic institutions. The lag in regulatory efforts in fast-growing fields, such as big data analytics and machine learning, has enabled unprecedented access to control over individual consumers and social processes. The resulting power asymmetry characterizing the relationship of corporate persons to private clients poses a threat to privacy and democracy. This thesis assesses existing and emerging approaches to protecting personal data privacy, engages with the question of imposing moral duties toward customers on private sector enterprises, and proposes systems to strengthen regulatory measures. The urgent need for …


Racial Diversity And Law Firm Economics, Jack Thorlin Apr 2023

Racial Diversity And Law Firm Economics, Jack Thorlin

Arkansas Law Review

There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast—consider the rightfully mocked tendency of people to respond to tragedies by declaring that their “thoughts and prayers” are with the victims rather than taking any meaningful step to ameliorate their suffering. People still engage in such posturing because the behavior benefits them in several ways: (a) others see that the …


Socio-Economic Considerations Of Living Modified Organisms And Impacts On Trade: Evolution Of Environmental Disputes At The World Trade Organization, Leonardo Munhoz Apr 2023

Socio-Economic Considerations Of Living Modified Organisms And Impacts On Trade: Evolution Of Environmental Disputes At The World Trade Organization, Leonardo Munhoz

Dissertations & Theses

The Convention on Biological Diversity (CBD) is the most important international treaty concerning the conservation of biodiversity and the Cartagena Protocol is a specific instrument to regulate biosafety measures for Living Modified Organisms ("LMOs"). In this Protocol, apart from mandatory environmental and health risk assessments, the Parties can also voluntarily adopt socio and economic considerations ("SECs") arising from LMOs, as stated in article 26.

However, the definition of SECs is still under negotiation, therefore it does not currently have a definite concept and meaning. Also, the last Conference of the Parties proposed to expand SECs by adding extra cultural, traditional, …


Differentiating Strict Products Liability’S Cost-Benefit Analysis From Negligence, Paul F. Rothstein, Ronald J. Coleman Apr 2023

Differentiating Strict Products Liability’S Cost-Benefit Analysis From Negligence, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U.S. Supreme Court denied certiorari in Johnson & Johnson v. Ingham, permitting a more than two billion dollar products liability damages award to stand. In his dissenting opinion in another recent products liability case, Air and Liquid Systems Corp. v. DeVries, Justice Gorsuch declared that “[t]ort law is supposed to be about aligning liability with responsibility.” However, in the products liability context, there have been ongoing debates concerning how best to set legal rules and standards on tort liability. Are general principles of …


The Historical Origins Of The Multilateral Tax Convention, Reuven S. Avi-Yonah, Eran Lempert Mar 2023

The Historical Origins Of The Multilateral Tax Convention, Reuven S. Avi-Yonah, Eran Lempert

Law & Economics Working Papers

This paper will survey the efforts to create a multilateral tax convention (MTC) from the beginnings of the international tax regime to the present day. The paper’s main contribution is to provide a historical analysis of the (failed) efforts to create a MTC from the beginnings of the ITR until the League of Nations (as contained in Part 1 to this paper). Part 2 of the paper serves to provide a brief modern context to the historical analysis from Part 1, covering why the multilateral instrument (MLI) that was included in BEPS 1.0 is not a true MTC, and secondly …


What Would Surrey Say? The Long Reach Of Stanley S. Surrey, Reuven S. Avi-Yonah, Nir Fishbien Mar 2023

What Would Surrey Say? The Long Reach Of Stanley S. Surrey, Reuven S. Avi-Yonah, Nir Fishbien

Law & Economics Working Papers

This essay examines the extent of Surrey’s influence on developments in tax law after his death. It argues that his ideas clearly impacted the tax reform of 1986, but can even be seen in later enactments like the Tax Cuts and Jobs Act of 2017 and contemporary developments in international taxation. This in turn enables us to get a clearer perspective on what Surrey aimed to achieve and what the goals of these later developments are.


After Pillar One, Reuven S. Avi-Yonah Mar 2023

After Pillar One, Reuven S. Avi-Yonah

Law & Economics Working Papers

Pillar One is unlikely to succeed for three reasons. First, it requires an MTC to be implemented because Amount A requires overriding Articles 5 (Permanent Establishment, PE), 7 (Business Profits) and 9 (Associated Enterprises) of every tax treaty to abolish the PE and Arm’s Length Principle (ALP) limits enshrined therein. But negotiating an MTC is hard, especially when over 100 countries are involved and there are fundamental disagreements among them.

Second, because Pillar One (despite its October 2021 expansion) is still aimed primarily at taxing the US digital giants (Big Tech), it is hard to envisage it being implemented without …


Love Hertz: Corporate Groups And Insolvency Forum Selection, John A. E. Pottow Mar 2023

Love Hertz: Corporate Groups And Insolvency Forum Selection, John A. E. Pottow

Law & Economics Working Papers

The Hertz bankruptcy got a lot of attention, including for its bizarre equity trading. A less heralded but more significant legal aspect of that insolvency, however, was its complex interaction of cross-border insolvency proceedings.

This article discusses the “centripetal” and “centrifugal” forces in the Hertz case that counselled a U.S.-based centralized solution for an international enterprise comprising over 10,000 branches centripetally but also accommodated centrifugal European resistance to subject directors to the consequences of filing their entities in a foreign jurisdiction. This not uncommon constellation of incentives required not a COMI shift but what this article terms a jurisdiction shift …


A Response To Professor Choi’S Beyond Purposivism In Tax Law, Reuven S. Avi-Yonah Mar 2023

A Response To Professor Choi’S Beyond Purposivism In Tax Law, Reuven S. Avi-Yonah

Law & Economics Working Papers

This response to Professor Choi’s excellent article questions whether the proposals made by the article can solve the tax shelter problem, and argues that a better response is to bolster purposivism with a statutory general anti-abuse rule (GAAR).


Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan Mar 2023

Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan

Journal Articles

America’s aging population and declining birth rates are negatively affecting the nation’s Social Security and Medicare safety nets, reducing tax revenue, and weakening the broader economy.1 Meanwhile, immigration is increasing workforce participation by expanding the number of young adults in the United States.2 Despite political setbacks, the Deferred Action for Childhood Arrivals (DACA) program exemplifies the economic and tax benefits of immigration, providing data and the impetus for a better way forward. Although not all DACA-eligible youth have registered for it, it is estimated that in 2017 alone, more than $2.2 billion in federal taxes were paid by DACA-eligible youth …


Stop The Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy Mar 2023

Stop The Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy

University of Cincinnati Law Review

No abstract provided.


Markets As Legal Constructions, Gregory Brazeal Mar 2023

Markets As Legal Constructions, Gregory Brazeal

University of Cincinnati Law Review

Since at least the late 1970s, popular political and economic debates in the United States have often been framed in terms of a choice between “government” and “the market.” In addition, debates have often assumed that “the market” is associated with freedom while government “regulation” or “interference in the market” constitutes oppression.

This article begins by making the familiar observation that the distinction between “government” and “the market,” at least when taken at face value, makes no sense. Even idealized laissez-faire markets are creatures of the state and its market-structuring laws, including criminal law and the laws of property, contracts, …


The Case For The "No-Collar" Exemption: Eliminating Employer-Imposed Office Hours For Overworked, Remote-Ready Workers, Jennifer Haskin Will Mar 2023

The Case For The "No-Collar" Exemption: Eliminating Employer-Imposed Office Hours For Overworked, Remote-Ready Workers, Jennifer Haskin Will

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Problem Of Property: Looking Back To The 'Dark Ages' To Get Through The Dark Ages, Lucas Clover Alcolea Mar 2023

The Problem Of Property: Looking Back To The 'Dark Ages' To Get Through The Dark Ages, Lucas Clover Alcolea

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


After Liberalism? Using Public Service Law To Advance Public Goods, Daniel R. Correa Mar 2023

After Liberalism? Using Public Service Law To Advance Public Goods, Daniel R. Correa

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Well-Regulated For Well-Being: Public Health And The Public Good In 19th And Early 20th Century American Caselaw, Timon Cline Mar 2023

Well-Regulated For Well-Being: Public Health And The Public Good In 19th And Early 20th Century American Caselaw, Timon Cline

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Biden Presidential Era: Ten Potential Bipartisan Areas Of Cooperation In Agriculture Policy, Chad G. Marzen Mar 2023

The Biden Presidential Era: Ten Potential Bipartisan Areas Of Cooperation In Agriculture Policy, Chad G. Marzen

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Reimagining Labor As A Public Good: De-Privatizing Aspects Of Work, Anne Marie Lofaso Mar 2023

Reimagining Labor As A Public Good: De-Privatizing Aspects Of Work, Anne Marie Lofaso

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Return Of Public Goods: Introduction To A Symposium, Dr. Charles J. Reid, Jr. Mar 2023

The Return Of Public Goods: Introduction To A Symposium, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Neoliberalism, Crisis, Alternatives: Revitalizing Public Goods, Alfredo Saad Filho Mar 2023

Neoliberalism, Crisis, Alternatives: Revitalizing Public Goods, Alfredo Saad Filho

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


When Does A Non-Fungible Token (Nft) Become A Security?, Brian Elzweig, Lawrence J. Trautman Mar 2023

When Does A Non-Fungible Token (Nft) Become A Security?, Brian Elzweig, Lawrence J. Trautman

Georgia State University Law Review

Non-fungible tokens (NFTs) gained prominence in the news cycle during March 2021 when $69 million was paid in a cryptocurrency known as Ether for a unique digital art piece titled Everydays: The First 5000 Days. Regulating NFTs is complicated because the technology encompasses varied applications. Therefore, it is the particular use of a given NFT that will determine its appropriate regulatory regime. For example, NFTs may take the form of collectibles, data associated with a physical item, financial instruments, or permanent records associated with a person, such as marriage licenses or property deeds. Just like digital art in the form …


Tax Events In The Life Cycle Of Digital Tokens, Vincent Ooi Mar 2023

Tax Events In The Life Cycle Of Digital Tokens, Vincent Ooi

Research Collection Yong Pung How School Of Law

Digital tokens, or crypto assets, are digital financial assets based on distributed ledger technology. They come in a considerable variety of forms and have been used in a large number of different ways. Yet, relatively few tax laws of any jurisdiction mention digital tokens specifically. It is therefore necessary to consider how orthodox tax rules can be applied to transactions involving digital tokens. Given the broad range of forms which digital tokens and transactions involving them can take, this may appear to be a daunting task. A framework providing a rough guide on how to navigate this somewhat new area …


The Limits Of Portfolio Primacy, Roberto Tallarita, Associate Director Of The Program On Corporate Governance Mar 2023

The Limits Of Portfolio Primacy, Roberto Tallarita, Associate Director Of The Program On Corporate Governance

Vanderbilt Law Review

According to the “portfolio primacy” theory, large asset managers, and in particular large index funds, can and will undertake the role of “climate stewards” and will push corporations to reduce their carbon footprint. This theory is based on the view that index fund portfolios mirror the entire market and therefore have strong financial incentives to reduce market-wide threats, such as climate change.

But how much can we rely on portfolio primacy to mitigate the effects of climate change? In this Article, I provide a conceptual and empirical assessment of the potential impact of portfolio primacy on climate change mitigation by …