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Articles 1 - 30 of 273
Full-Text Articles in Law
Risk, Rents, And Regressivity: Why The United States Needs Both An Income Tax And A Vat, Reuven S. Avi-Yonah
Risk, Rents, And Regressivity: Why The United States Needs Both An Income Tax And A Vat, Reuven S. Avi-Yonah
Articles
In this article, Prof. Avi-Yonah argues that the legal academic debate about fundamental tax reform from 1974 onward has been skewed by the assumption that a consumption tax must replace the income tax. He addresses three of the major issue in recent writings on the income/consumption tax debate, and shows how none of the arguments in favor of the consumption tax are conclusive. Avi-Yonah also addresses the various consumption tax proposals that have been made and shows that they are all deficient in comparison with a VAT, as well as failing to achieve the goals of an income tax. Finally, …
Regulatory Taxings, Eduardo Peñalver
Regulatory Taxings, Eduardo Peñalver
Articles
The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …
The Defined Contribution Paradigm, Edward A. Zelinsky
The Defined Contribution Paradigm, Edward A. Zelinsky
Articles
Pension cognoscenti have frequently remarked on the stagnation of defined benefit pensions and the concomitant rise of defined contribution plans. I suggest that, over the last generation, something even more fundamental has occurred, something that can justly be called a paradigm shift. Americans today primarily conceive of and implement retirement savings in the form of individual accounts. Such accounts have become primary instruments of public policy, not just for retirement savings, but increasingly for health care and education as well.
Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider
Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider
Articles
When I first met Lee Teitelbaum at a conference two decades ago, I was a novice and he a distinguished scholar. Because my colleagues admired him, I rang his room at the hotel and asked him to join me for dinner. He sweetly agreed. When he opened his door to my knock, I realized that he set standards I could never match-sartorial standards. Who was this king of glory? 1 stood there in my Oshkosh khakis and running shoes, agape and abashed. Despite this unpropitious start, our friendship ripened, and soon I realized Lee set standards of a finer and …
Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham
Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham
Articles
No abstract provided.
Gaming Delaware, William Wilson Bratton
De Facto Custodians: A Response To The Needs Of Informal Kin Caregivers?, Elizabeth Brandt
De Facto Custodians: A Response To The Needs Of Informal Kin Caregivers?, Elizabeth Brandt
Articles
No abstract provided.
Liability For Life, Carl E. Schneider
Liability For Life, Carl E. Schneider
Articles
Marshall Klavan headed the Obstetrics and Gynecology Department of the Crozer-Chester Medical Center. He deeply feared strokes, perhaps because his father had been savaged by one. In 1993, Dr. Klavan wrote an advance directive which said that (as a court later put it) "he 'absolutely did not want any extraordinary care measures utilized by health care providers.'" On April29, 1997, Dr. Klavan tried to kill himsel£ He left suicide notes and a note refusing resuscitation. The next morning, medical center employees found him unconscious and took him to the emergency room, where he was resuscitated. By May 2, Dr. Klavan …
From Agency To Zattiero - The Effect Of School Board Policy, John E. Rumel
From Agency To Zattiero - The Effect Of School Board Policy, John E. Rumel
Articles
No abstract provided.
'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix
'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix
Articles
No abstract provided.
The Ingenious Kerry Tax Plan, Reuven S. Avi-Yonah
The Ingenious Kerry Tax Plan, Reuven S. Avi-Yonah
Articles
The tax plan proposed by Democratic presidential candidate John Kerry at Wayne State University on March 26 is an ingenious set of ideas to encourage domestic job creation. Its greatest strength, however, may be its contribution to long-term economic growth, fairness, and tax law simplification. In this article I will first describe the Kerry proposal, then analyze its advantages, and finally address some counterarguments.
Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.
Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.
Articles
No abstract provided.
Remarks On The Alien Tort Claims Act And Transitional Justice, Eric A. Posner
Remarks On The Alien Tort Claims Act And Transitional Justice, Eric A. Posner
Articles
No abstract provided.
Building A Home For The Laws Of The World: Part Ii: Hoping, Hunting, And Honing, Margaret A. Leary
Building A Home For The Laws Of The World: Part Ii: Hoping, Hunting, And Honing, Margaret A. Leary
Articles
The following feature is the second, concluding portion of the edited version of "Building a Foreign Law Collection at the University of Michigan Law Library, 1910-1960,"© Margaret A. Leary, 2002, which originally appeared at 94 Law Library Journal 395-425 (2002), and appears here with permission of the author. The first part of the article (46.2 Law Quadrangle Notes 46-53 [Summer 2003] detailed how the vision of Dean Henry Bates, generosity of graduate William W. cook, and skills of librarian/traveler/negotiator Hobart Coffey combined to launch the building of the Law Library's international collection into one of the best in the world.
Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider
Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider
Articles
Enough. The living will has failed, and it is time to say so. We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs. Nor can any degree of tinkering ever make the living will an effective instrument of social policy. As the evidence of failure has mounted, living wills have …
Discovering Mr. Cook, Margaret A. Leary
Discovering Mr. Cook, Margaret A. Leary
Articles
Before I begin to tell you some of what I've learned as I've tried to discover Mr. [William W.] Cook, please ponder two questions: What are your feelings about the Law Quad buildings? Think, for example of the first time you entered the Quad; studying in the Reading Room; seeing the snowy Quad for the first time; and socializing in the Dining Room. You probably have a flood of memories connected to these buildings. The Law School has outgrown them in many respects, but the buildings will always be inspirational. Second, let me ask what you know about William W. …
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Articles
I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …
Chile - Price Band System And Safeguard Measures Relating To Certain Agriculture Products Paper, Alan O. Sykes, Kyle Bagwell
Chile - Price Band System And Safeguard Measures Relating To Certain Agriculture Products Paper, Alan O. Sykes, Kyle Bagwell
Articles
No abstract provided.
India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell
India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell
Articles
No abstract provided.
A Constitution For Judicial Lawmaking, Adam N. Steinman
A Constitution For Judicial Lawmaking, Adam N. Steinman
Articles
When courts decide cases, their decisions make law because they become precedent that binds future courts under the doctrine of stare decisis. This article argues that judicial lawmaking, like legislative lawmaking, is subject to constitutional principles that govern the extent to which a particular attempt at judicial lawmaking is valid. Because even poorly reasoned judicial decisions can still be effective lawmaking acts, it is important to distinguish between constitutional and non-constitutional principles and arguments. While a non-constitutional principle can be a basis for examining the wisdom or merits of a particular lawmaking act, only constitutional principles can assess whether the …
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett Mcdonnell
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett Mcdonnell
Articles
The success of Chinese township-village enterprises (TVEs) poses a puzzle for a property rights approach to the theory of the firm, since no one really holds well-defined, transferable property rights to control and claim the residual profits of TVEs. TVEs also pose a second puzzle: in the last five or seven years, they have started to experience serious problems, despite reforms which have improved TVEs from a property rights perspective. This paper takes ideas from property rights and institutional approaches to economics and examines whether those ideas can help explain both of these puzzles. As to the first puzzle, reforms …
Corporate Constituency Statutes And Employee Governance, Brett Mcdonnell
Corporate Constituency Statutes And Employee Governance, Brett Mcdonnell
Articles
The paper compares the effects of corporate constituency statutes versus employee involvement in corporate governance, using a simple model to consider interactions between shareholders, employees, and managers. Both constituency statutes and employee governance tend to lead to a redistribution from shareholders to employees. However, constituency statutes do so at the cost of weakening limits on managerial misbehavior, thereby reducing social welfare. In contrast, employee governance strengthens the limits on managerial misbehavior, and hence is potentially more desirable than constituency statutes.
The Wrong Way To Equality: Privileging Consent In The Trafficking Of Women For Sexual Exploitation, Beverly Balos
The Wrong Way To Equality: Privileging Consent In The Trafficking Of Women For Sexual Exploitation, Beverly Balos
Articles
Chamoli lived near the birthplace of the Buddha in Nepal. When she was 16, she met a young man and fell in love with him. He promised to marry her but insisted that she come away with him to India. So one day she ran away with the boyfriend and crossed the border to India on foot. From there she and her boyfriend took a train to the Indian city of Poona. Once they had reached Poona, Chamoli was taken to a house where there was an older Nepali lady and many young girls. The lady gave her boyfriend some …
Is Lawrence Libertarian?, Dale Carpenter
Is Lawrence Libertarian?, Dale Carpenter
Articles
Lawrence v. Texas 1 begins with "Liberty" and ends with "freedom." 2 For the first time in its history the Supreme Court invalidated a law criminalizing sexual conduct. Add to that sweeping statements in Lawrence celebrating individual "autonomy." 3 Consider too the Court's surprising revival of substantive due process, a doctrine entombed with musty traditions in liberty-denying decisions like Bowers v. Hardwick 4 and Washington v. Glucksberg. 5 What is more, Lawrence is not your father's substantive due process. The pre-Lawrence doctrine bifurcated the world into a large domain of almost unprotected "liberty interests" and a very small and increasingly …
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
Articles
On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Garner having anal sex. This violated the Texas Homosexual Conduct law,3 and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights.
A Man's Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos
A Man's Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos
Articles
Violence against women is a pervasive problem in the United States. Historically, however, society did not take violence against women seriously. The law trivialized the abusive behaviors that led to harm against women.3 For example, until relatively recently there was not a legally recognized term for what is now labeled sexual harassment.4 It is now acknowledged that at work women are faced with the problem of sexual harassment.
The Antipaternalism Principle In The First Amendment, Dale Carpenter
The Antipaternalism Principle In The First Amendment, Dale Carpenter
Articles
Much attention has been paid of late to unauthorized disseminations of classified information. A grand jury proceeding has been initiated to investigate the leak and publication of information about the National Security Agency's warrantless electronic surveillance program. And in a case currently pending in the Eastern District of Virginia, the U.S. government for the first time is prosecuting private citizens for exchanging classified information in the course of concededly non-espionage activities - specifically, political lobbying. These events illuminate the underdeveloped and deeply under-theorized state of the law on classified information leaks and publications. The central chasm in existing theory and …
Sox Appeals, Brett Mcdonnell
Sox Appeals, Brett Mcdonnell
Articles
Through the Sarbanes-Oxley Act ("SOx"), Congress appeals to two groups, regulators and private actors. Most of the new duties and liabilities that SOx creates have limited legal substance, advancing little beyond previous rules. However, we must look further to see how regulators and private actors are responding. The SEC's rulemaking efforts directly required under SOx have not been inspiring, but SOx has helped prod the SEC into rulemaking which potentially could prove more important than all of the provisions of SOx combined: rules giving shareholders the ability to nominate directors using the corporation's proxy tools. The New York Stock Exchange …
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
Articles
There is an international human rights law aspect to Grutter v. Bollinger 1 and Gratz v. Bollinger 2 that might be missed by many lawyers and scholars who rarely consider any legal domain beyond the limits of the U.S. Constitution. Indeed, Grutter and Gratz reflect a trend in Supreme Court opinions to use international human rights sources in interpreting the Constitution.
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
Articles
In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.