Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
The Unjustified Subsidy: Sovereign Wealth Funds And The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan
The Unjustified Subsidy: Sovereign Wealth Funds And The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
The taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles of sovereign immunity, the foreign sovereign tax exemption, codified in I.R.C. § 892, fails to satisfy the Congressional goals that motivated its creation. This Article explains the current taxation of foreign sovereigns and, by extension, Sovereign Wealth Funds. It then illustrates that the current exemption is simultaneously too broad, providing a tax exemption for activities that are clearly nongovernmental activities, and …
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …
Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman
Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman
Law Faculty Scholarly Articles
The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Law Faculty Scholarly Articles
Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States Bankruptcy Code may be appropriately described as providing a framework within which interested parties may negotiate solutions to the problems facing a troubled company. The allocation of leverage to the negotiating parties is critical to the ultimate outcome of the process. In any negotiation setting control over the bargaining process is a key item of leverage. This Article proposes a framework for analysis and suggests solutions to the problem of control over corporations during the pendency of a Chapter 11 reorganization …
Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg
Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg
Law Faculty Scholarly Articles
Money debts are frequently paid by checks and evidenced by notes subject to Article Three of the Uniform Commercial Code. Financial institutions and other creditors ordinarily take these instruments with the expectation that they will be paid on time without resort to litigation. This expectation fails when the debtor or some other obligor on the instrument claims that its signature was unauthorized or that there is a defense against payment. This Article analyzes the Uniform Commercial Code rules concerning burdens of proof that apply to these disputes and gives consideration to related procedural and evidentiary questions. It concludes with some …
Collective Bargaining Without Work Stoppage?, Alvin L. Goldman
Collective Bargaining Without Work Stoppage?, Alvin L. Goldman
Law Faculty Scholarly Articles
Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …