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Articles 1 - 30 of 66
Full-Text Articles in Law
The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian
The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian
BYU Law Review
The taxation of private equity managers’ share of funds’ profits—the twenty percent “carried interest”—received much attention in academic literature and popular discourse. Much has been said and written about the fact that fund managers’ profits are taxed at preferred rates. But what about the other eighty percent of funds’ profits? This Article theorizes that the bulk of such profits are never taxed. This is a result of a combination of three factors: First, private equity, venture capital, and hedge funds (collectively, Private Investment Funds, or “PIFs”) are major actors in cross-border investment activity. This enables PIFs to take advantage of …
Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
BYU Law Review
This Article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The Article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows: 1. A foreign corporation is a U.S. tax resident for any year if fifty percent or more of its shares, determined by vote or value, was …
Developing Countries In An Age Of Transparency And Disclosure, Diane Ring
Developing Countries In An Age Of Transparency And Disclosure, Diane Ring
BYU Law Review
No abstract provided.
The Foreign Tax Credit War, Bret Wells
The Foreign Tax Credit War, Bret Wells
BYU Law Review
The government has been involved in a sustained war against objectionable foreign tax credit transactions. This war has caused the U.S. foreign tax credit regime to be riddled with complexity that spawns incoherent outcomes. The complexity contained in section 901 was created due to a legitimate concern: the threats posed by objectionable transactions that artificially generate excess foreign tax credits represent real policy problems. Since at least 1975, Congress and the Treasury Department have been convinced that the cross-crediting of excess foreign tax credits arising from “objectionable transactions” required a response in addition to simply relying on section 904. Thus, …
Beps And The New International Tax Order, Allison Christians
Beps And The New International Tax Order, Allison Christians
BYU Law Review
Nations across the world are currently engaged in a coordinated international effort, ostensibly to curb excessive tax avoidance by the world’s biggest multinational companies. This Article contends, however, that the most likely impact will be to entrench a monopoly held by a small number of rich countries over the policymaking processes that created the tax avoidance problem to begin with. To examine this contention and probe possible solutions to it, the Article considers the legal and institutional components of the coordination project, by situating them historically and analyzing their multi-functionality as both norm diffusion and institutional reinforcement mechanisms. The Article …
Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing
Competitiveness, Tax Base Erosion, And The Essential Dilemma Of Corporate Tax Reform, Kimberly A. Clausing
BYU Law Review
Label contradicts reality for the U.S. international corporate tax system. The U.S. system is typically labeled as a worldwide tax system with a statutory rate of 35%, both uncommon features among our trading partners. Yet these markers of the U.S. tax system do not accurately describe reality, where multinational firms routinely face far lower effective tax rates and little, if any, tax is collected on foreign income. Understanding this discrepancy between label and reality is essential to evaluate recent policy debates surrounding corporate inversions and the competitiveness of the U.S. international tax system. Although there is an essential policy tradeoff …
Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin
BYU Law Review
The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.
Misaligned Interests In Private Equity, Jarrod Shobe
Misaligned Interests In Private Equity, Jarrod Shobe
BYU Law Review
This Article examines the unique set of agency costs that arise from the separation of ownership and control in private equity funds. These funds operate without significant regulatory or legislative oversight. Instead, they are governed primarily by contractual arrangements between investors and managers that are poorly understood by legal scholars. This Article looks into the black box of these internal arrangements to provide a broad analysis of whether and how these contracts align or misalign the interests of investors and managers. It turns out that the compensation of managers, which is commonly thought to serve as the most powerful tool …
Why Judicial Deference To Administrative Fact-Finding Is Unconstitutional, John Gibbons
Why Judicial Deference To Administrative Fact-Finding Is Unconstitutional, John Gibbons
BYU Law Review
No abstract provided.
Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt
Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt
BYU Law Review
One of the fundamental goals of law is to end disputes. This push to “settlement” is foundational and has historically worked to increase societal efficiency and justice by engendering legitimate expectations among the citizenry. However, the efficient nature of much legal finality, settlement and repose only exists against a background of evolution of the physical environment that is predictable and slowpaced. That background no longer exists. The alteration of the physical world, and thus, the background for our societal structure and decisions, is accelerating rapidly due to human-caused climate change. This creates a mismatch between the law’s tendency to finality …
Getting Brady Right: Why Extending Brady V. Maryland’S Trial Right To Plea Negotiations Better Protects A Defendant’S Constitutional Rights In The Modern Legal Era, James M. Grossman
Getting Brady Right: Why Extending Brady V. Maryland’S Trial Right To Plea Negotiations Better Protects A Defendant’S Constitutional Rights In The Modern Legal Era, James M. Grossman
BYU Law Review
No abstract provided.
Freedom Of Corporate Purpose, George A. Mocsary
Transparent Review Of Agency Immigration Decisions, Kyler Mccarty
Transparent Review Of Agency Immigration Decisions, Kyler Mccarty
BYU Law Review
No abstract provided.
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
Postdoc Payback: A Call For Reform Comments, Peter A. Hecker
Postdoc Payback: A Call For Reform Comments, Peter A. Hecker
Brigham Young University Journal of Public Law
No abstract provided.
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
The Principle Of Subsidiarity And The Law Of The Family Business, Scott Fitzgibbon
The Principle Of Subsidiarity And The Law Of The Family Business, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment, Carmen Garcimartin
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel
Brigham Young University Journal of Public Law
No abstract provided.
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
The New Normal For Educating Lawyer, Nicola A. Boothe-Perry
The New Normal For Educating Lawyer, Nicola A. Boothe-Perry
Brigham Young University Journal of Public Law
No abstract provided.
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Brigham Young University Journal of Public Law
No abstract provided.
We Believe In Being Honest: Dependency Exemptions For Lds Missionaries, Annalee Hickman Moser
We Believe In Being Honest: Dependency Exemptions For Lds Missionaries, Annalee Hickman Moser
Brigham Young University Journal of Public Law
No abstract provided.
Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc
Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc
Brigham Young University Journal of Public Law
No abstract provided.
The Emerging Normative Structures Of Transnational Law: Non-State Enterprises In Polycentric Asymmetric Global Orders, Larry Cata Backer
The Emerging Normative Structures Of Transnational Law: Non-State Enterprises In Polycentric Asymmetric Global Orders, Larry Cata Backer
Brigham Young University Journal of Public Law
No abstract provided.
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
BYU Law Review
Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
BYU Law Review
No abstract provided.