Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Analysis (239)
- Law (107)
- Interpretation and construction (80)
- Cases (79)
- Constitutional law (74)
-
- Economic aspects (74)
- Research (74)
- Political aspects (70)
- Evaluation (68)
- Management (67)
- Usage (60)
- International aspects (56)
- History (54)
- International law (54)
- Attorneys (53)
- Evidence (49)
- Litigation (43)
- Malpractice (43)
- Federal legislation (38)
- Judicial process (37)
- Supreme Court decisions (36)
- Copyright (34)
- Criminal justice (32)
- Civil procedure (29)
- Social aspects (29)
- Jury (28)
- Legal ethics (28)
- Presidents (28)
- Comparative analysis (27)
- External debts (27)
- Publication Year
Articles 691 - 720 of 4157
Full-Text Articles in Law
Gifts And The Income Tax—An Enduring Puzzle, Richard Schmalbeck
Gifts And The Income Tax—An Enduring Puzzle, Richard Schmalbeck
Law and Contemporary Problems
Schmalbeck explains that there are four policy options for the combined income tax treatment of a donor-donee pair, and that the best choice among the options is not self-evident. He notes that the current income tax treatment of noncharitable gifts originated with the 1913 income tax. The historical record provides no clues as to why Congress opted for that approach in 1913. As frustrating as this may be, it is an example of an important phenomenon in the development of the income tax. A number of crucial structural decisions made in the early days of the income tax, which continue …
The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike
The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike
Law and Contemporary Problems
Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging …
The Rise And Fall Of Post—World War Ii Corporate Tax Reform, Steven A. Bank
The Rise And Fall Of Post—World War Ii Corporate Tax Reform, Steven A. Bank
Law and Contemporary Problems
The United States is unique in subjecting corporate income to two layers of tax. In what is called a "classical system," corporate income is taxed once at the entity level when earned and a second time at the individual level when distributed to shareholders in the form of a dividend. By contrast, in most other countries, corporate- and shareholder-level taxes are fully or partially integrated through some form of credit or deduction. America's double taxation of corporate income is a much-criticized but persistent feature of its current tax system despite numerous reform proposals over the last half-century or so. Here, …
Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott
Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott
Law and Contemporary Problems
Alstott offers an evaluation of the significance of the credit and, in a historical spirit, hark back to an earlier, critical perspective on the earned income tax credit (EITC)--a perspective rarely heard in recent years. She argues that these concerns remain apt, despite the expansion of the EITC and oft-repeated praise for its importance as an antipoverty program. Moreover, she highlights three features of U.S. law that constrain the effectiveness of the EITC in improving the wellbeing of low-income workers and their children: labor and employment laws that structure markets that produce low wages and harsh working conditions, laws that …
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
Law and Contemporary Problems
No abstract provided.
Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith
Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith
Law and Contemporary Problems
No abstract provided.
Foreword, Trina Jones
The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson
The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson
Law and Contemporary Problems
No abstract provided.
Theorizing Class, Gender, And The Law: Three Approaches, Angela P. Harris
Theorizing Class, Gender, And The Law: Three Approaches, Angela P. Harris
Law and Contemporary Problems
No abstract provided.
Race, Economic Class, And Employment Opportunity, Trina Jones
Race, Economic Class, And Employment Opportunity, Trina Jones
Law and Contemporary Problems
No abstract provided.
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James
Law and Contemporary Problems
No abstract provided.
The Dawn Of A New, New International Economic Order, Ruth Gordon
The Dawn Of A New, New International Economic Order, Ruth Gordon
Law and Contemporary Problems
No abstract provided.
Operatively White?: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey G. Mcfarlane
Operatively White?: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey G. Mcfarlane
Law and Contemporary Problems
No abstract provided.
Patient Negligence, Michele Goodwin, L. Song Richardson
Patient Negligence, Michele Goodwin, L. Song Richardson
Law and Contemporary Problems
No abstract provided.
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Law and Contemporary Problems
No abstract provided.
Altruism, Markets, And Organ Procurement, Julia D. Mahoney
Altruism, Markets, And Organ Procurement, Julia D. Mahoney
Law and Contemporary Problems
For decades, the dominant view among biomedical ethicists, transplantation professionals, and the public at large has been that altruism, not financial considerations, should motivate organ donors. Proposals to compensate sources of transplantable organs or their survivors, although endorsed by a number of economists and legal scholars, have been denounced as unethical and impracticable. Organ transplantation is said to belong to the world of gift, as distinct from the market realm. Paying for organs would inject commerce into a sphere where market values have no place and would transform a system based on generosity and civic spirit into one of antiseptic, …
Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec
Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec
Law and Contemporary Problems
Krawiec compares the egg market to sperm market to illustrate the extent to which public-interest rhetoric enables private wealth transfers in the egg market. She also illuminates why such rhetoric is so effective, playing on deeply held societal norms. In addition, she provides an overview of the oocyte business, highlighting issues relating to recruitment, compensation, controversy, retrieval, and risk. She does the same for the sperm business. Furthermore, she discusses the anticompetitive behavior in the egg market and argues that the horizontal price-fixing embodied in the American Society for Reproductive Medicine's pricing guidelines violates the Sherman Act. Lastly, she concludes …
Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales
Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales
Law and Contemporary Problems
A surrogate-motherhood arrangement is one in which a woman agrees to bear a child for a commissioning couple. She carries the child through pregnancy and subsequently surrenders the child to the commissioning couple. There are two sorts of surrogate motherhood: genetic and gestational. Here, McLachlan and Swales discuss these two types. They further argue that commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. Also, they argue that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Here, they also present …
Foreword, Kimberly D. Krawiec
Trafficking In Human Blood: Titmuss (1970) And Products Liability, Clark C. Havighurst
Trafficking In Human Blood: Titmuss (1970) And Products Liability, Clark C. Havighurst
Law and Contemporary Problems
No abstract provided.
Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling
Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling
Law and Contemporary Problems
Listing a child for sale in the local paper's classified section is unthinkable, and it is illegal for donors to sell organs in the US. Yet fertility programs routinely recruit young women and men to "donate" eggs and sperm in return for financial compensation. Payments to women vary substantially, both within particular agencies and in different regions of the US, but the national average is around $4,200. Here, Almeling constructs a theoretical framework analyzing the social process of assigning value to the human body. He further describes the historical emergence of the market in eggs and sperm before turning to …
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Law and Contemporary Problems
Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.
The Debt Financing Of Parenthood, Melissa B. Jacoby
The Debt Financing Of Parenthood, Melissa B. Jacoby
Law and Contemporary Problems
Jacoby discusses the significant role of lenders in the parenthood market and how they might facilitate access and shape this industry in more profound ways. Second, she introduces the issue of financing assisted reproduction and adoption. Third, she reviews specialty loans for assisted reproduction and adoption, reflecting traditional research in case law and legal and nonlegal scholarly literature, as well as results from a review of news media and Web sites of prominent intermediaries and service suppliers. Lastly, she presents a sampling of political-economy implications relevant to assisted reproduction, leaving other issues for future investigation.
Excluding Unfit Workers: Social Control Versus Social Justice In The Age Of Economic Reform, David E. Bernstein, Thomas C. Leonard
Excluding Unfit Workers: Social Control Versus Social Justice In The Age Of Economic Reform, David E. Bernstein, Thomas C. Leonard
Law and Contemporary Problems
No abstract provided.
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Law and Contemporary Problems
Haley comments on the argument underlying the article by Erin Ann O'Hara and Maria Mayo Robbins, which emphasizes on victim-offender mediation (VOM). By expanding the frame of reference, restorative justice can be defined as a paradigm whose scope encompasses more than VOM and whose emphasis includes the needs of society and offenders as well as victims. Restorative justice involves a wide variety of processes and programs that are more apt to restore both those who commit and those who suffer wrongs. It includes children at risk programs, drug courts, violence-treatment programs, as well as VOM programs. It also includes efforts …
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
Law and Contemporary Problems
Downes comments on Erin Ann O'Hara and Maria Mayo Robbins' article that accurately describes the nuanced and complex nature of apology and forgiveness. These are not actions that can be programmed--they happen at their own pace and in paths that are winding and unchartable. One of the reasons that victim-offender mediation is unpopular with some is that it can be emotionally messy and slow. Thus, one of the most helpful insights in his work has been that forgiveness is developmental, meaning that it often happens in normal and predictable stages. Forgiveness can be divided into manageable pieces. Indeed, their article …
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Law and Contemporary Problems
Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …