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Articles 1 - 3 of 3
Full-Text Articles in Law
The Merits Of Tax Competition In A Globalized Economy, David Elkins
The Merits Of Tax Competition In A Globalized Economy, David Elkins
Indiana Law Journal
Since the turn of the current century, leading transnational organizations and academic scholarship have identified tax competition among countries as one of the scourges of the international tax regime. Both the EU and the OECD have warned that tax competition erodes the tax bases of Member States and impedes their ability to provide essential services. Commentators have argued that unrestrained competition is driving tax rates on mobile sources of income to (or close to) zero, a process that jeopardizes the very existence of the welfare state, exacerbates problems of global poverty, and deprives developing countries of funds that they desperately …
Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton
Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton
Indiana Law Journal
In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting efficient default rules and standards. Based on two theoretical insights, he shows that three of them collapse upon analysis into the fourth, a Coasian standard that turns out to be a dead end. The theoretical upshot is that the Coase Theorem often is a good reason to use defaults rather than mandatory rules or standards. But neither the theorem nor reference to a transaction-costless world sustains particular defaults. To set an efficient default, the law should guide courts toward supplying terms that parties should have adopted …
What Iron Pipefittings Can Teach Us About Public And Private Power In The Market, Sandeep Vaheesan
What Iron Pipefittings Can Teach Us About Public And Private Power In The Market, Sandeep Vaheesan
Indiana Law Journal
Government restrictions on competition, whether in the market for cars, hotel rooms, or taxicabs, have attracted a great deal of attention of late. As a basic matter, government is not exogenous to the market: a functioning state is, in reality, a precondition for modern markets. Because it establishes the rules necessary for markets to develop and potentially flourish, government unavoidably shapes the bounds and structures of the private economic sphere. And more specifically, public limitations on competition are not intrinsically hostile to the interests of ordinary Americans and can, in fact, advance vital social goals, such as full employment and …