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2000

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Institution
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Articles 1 - 30 of 218

Full-Text Articles in Law

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah Dec 2000

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.


What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner Oct 2000

What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner

Articles

No abstract provided.


Where Hannah Arendt Went Wrong, David Abraham Oct 2000

Where Hannah Arendt Went Wrong, David Abraham

Articles

No abstract provided.


Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles Oct 2000

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

Articles

The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …


Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt Jul 2000

Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt

Articles

No abstract provided.


Brief Reflections On The Enterprise, Patricia D. White Jul 2000

Brief Reflections On The Enterprise, Patricia D. White

Articles

No abstract provided.


The Best-Laid Plans, Carl E. Schneider Jul 2000

The Best-Laid Plans, Carl E. Schneider

Articles

It is natural to suppose law is like the centurion and can do as it will: "I say to this man, Go, and he goeth; and to another, Come, and he cometh; and to my servant, Do this, and he doeth it." But a thousand years ago, King Canute tried to disillusion his courtiers about his efficacy by commanding the waves to stop beating. And fifty years ago, Harry Truman predicted of Dwight Eisenhower, "He'll sit here, and he'll say, 'Do this! Do that!' And nothing will happen. Poor Ike-it won't be a bit like the Army. He'll find it …


Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner May 2000

Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner

Articles

No abstract provided.


Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk May 2000

Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk

Articles

No abstract provided.


Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen Apr 2000

Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen

Articles

No abstract provided.


In Memoriam Rafael C. Benitez, Keith S. Rosenn Apr 2000

In Memoriam Rafael C. Benitez, Keith S. Rosenn

Articles

No abstract provided.


The Cash Balance Controversy, Edward A. Zelinsky Apr 2000

The Cash Balance Controversy, Edward A. Zelinsky

Articles

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles Apr 2000

Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles

Articles

No abstract provided.


Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner Mar 2000

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Articles

In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …


Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner Mar 2000

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Articles

No abstract provided.


The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz Mar 2000

The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz

Articles

No abstract provided.


Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles Feb 2000

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.


The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore Jan 2000

The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore

Articles

No abstract provided.


Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein Jan 2000

Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein

Articles

No abstract provided.


Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin Jan 2000

Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin

Articles

No abstract provided.


Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner Jan 2000

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

Articles

Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.


Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner Jan 2000

Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner

Articles

No abstract provided.


Social Programs And Manageable Units, Saul Levmore Jan 2000

Social Programs And Manageable Units, Saul Levmore

Articles

No abstract provided.


The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser Jan 2000

The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser

Articles

No abstract provided.


Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein Jan 2000

Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein

Articles

No abstract provided.


More Than Mere Majorities, Saul Levmore Jan 2000

More Than Mere Majorities, Saul Levmore

Articles

No abstract provided.


Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case Jan 2000

Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case

Articles

No abstract provided.


Customary International Law And Private Rights Of Action, Curtis A. Bradley Jan 2000

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Articles

It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v PenaIrala. In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights standards in a foreign country, the court in Filartiga paved the way for modern international human rights litigation. As Professor David Bederman has observed, "[i]n a sense, all current human rights litigation owes its fortune to Filartiga." Since Filartiga, US courts have been confronted with two waves of international human rights litigation. The first wave has primarily involved suits, like Filartiga …


An Attitudinal Theory Of Expressive Law, Richard H. Mcadams Jan 2000

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

Articles

No abstract provided.


Diffusion And Focus In International Law Scholarship, Diane P. Wood Jan 2000

Diffusion And Focus In International Law Scholarship, Diane P. Wood

Articles

No abstract provided.