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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.


Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School Dec 2000

Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School

Res Gestae

•How to Get As in Law School •ATL Farewell •Final Words •Photo Tribute •For What It's Worth… •The Insider •We Three Films •Album of the Year •Gift Guide


Vol. 51, No. 5, November 7, 2000, University Of Michigan Law School Nov 2000

Vol. 51, No. 5, November 7, 2000, University Of Michigan Law School

Res Gestae

•The Insider •Shout Out to My Holmes •Letter: RG Lacks Sensitivity, Embarrassment to Law Community •Letter: Smackin' the Ho, Yingtao Knows Nothing About Football •Your Guide to the 2000 National Election •Election Year Photo Phunnies •For What It's Worth... •Thanksgiving Under the Federal Rules •Compacted Disc Reviews


Vol. 51, No. 4, October 24, 2000, University Of Michigan Law School Oct 2000

Vol. 51, No. 4, October 24, 2000, University Of Michigan Law School

Res Gestae

•See If Your Vote Matters •Pity for Nineveh •The Insider •The Gulag •Iceland's Greatest Import •Election 2000 Candidate Quote Quiz! •Telling a Ding from a Dong •Equal Access for Students & Professors •A No-Fear Vote for Nader •For What It's Worth… •To Be of Use


Vol. 51, No. 3, October 10, 2000, University Of Michigan Law School Oct 2000

Vol. 51, No. 3, October 10, 2000, University Of Michigan Law School

Res Gestae

•Dumb or Dumber: Who Will Lead the Free World in 2001? •Stand Together •Helpful Hints for 1Ls •The Insider •Election 2000 •For What It's Worth •Confessions of a 2L Transfer


Vol. 51, No. 2, September 26, 2000, University Of Michigan Law School Sep 2000

Vol. 51, No. 2, September 26, 2000, University Of Michigan Law School

Res Gestae

•Ralph Nader Speaks at Michigan Theater •Senate Sightings •Test Your Interview Prowess •Pants-Wearing Women of All Countries, Unite! •The Insider •An Unolympian Olympics •The Young and the Reckless •For What It's Worth


Vol. 51, No. 1, September 13, 2000, University Of Michigan Law School Sep 2000

Vol. 51, No. 1, September 13, 2000, University Of Michigan Law School

Res Gestae

•Wolverine Denied Access •Law Review Selects No New Members •Wolverine Access Swallows Students Whole •Geographically Confused? •Hello Kitty, Law School Joins Forces •I Loved My Summer Job •Three Second Memory •The Insider •1L Demographics •For What It's Worth


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 ...


Vol. 50, No. 12, April 18, 2000, University Of Michigan Law School Apr 2000

Vol. 50, No. 12, April 18, 2000, University Of Michigan Law School

Res Gestae

•Campbell Competition Screws Internet Pornographers •Faculty Approves Changes to Calendar and Curriculum •South Africa III •The Social Problem of Coase •Above the Law •Redemption Song •3 Second Memory •Reflections •The Best is Yet to Come •Wrecked Weekend •The Big 1L Picture


Vol. 50, No. 11.5, April 1, 2000, University Of Michigan Law School Apr 2000

Vol. 50, No. 11.5, April 1, 2000, University Of Michigan Law School

Res Gestae

•UMLaw to Install Classroom Internet Access •Admissions Data Released •SFF Auction to be Held via eBay •RG to Adopt New Profanity Policy •1L's Lost Book Found in Well •Letters to the Editor •I Was a 1L Teletubby •The Complete SFF Auction Item List


Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School Mar 2000

Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School

Res Gestae

•Blood Will Flow Thursday •LSSS Ballot Box Opens Next Week •South Africa II •Interview •Grade Curve •Movie Reviews •The Final Darrow


Vol. 50, No. 10, March 14, 2000, University Of Michigan Law School Mar 2000

Vol. 50, No. 10, March 14, 2000, University Of Michigan Law School

Res Gestae

•Enough Stolen Laptops •It Really is that Bad •Olfactory Education •South Africa Memoirs •Oscar Predictions •March Madness


Vol. 50, No. 9, February 22, 2000, University Of Michigan Law School Feb 2000

Vol. 50, No. 9, February 22, 2000, University Of Michigan Law School

Res Gestae

•Sweatshops & the Mob •Classic Flattery •Clarence Darrow •Play by the Rules •Joan on the Ball •Resume Writing Tips


Vol. 50, No. 8, February 8, 2000, University Of Michigan Law School Feb 2000

Vol. 50, No. 8, February 8, 2000, University Of Michigan Law School

Res Gestae

•Donna Lopiano Delivers Keynote Address at Title IX Symposium •Protest Marks Title IX Symposium •Title IX, "Sexists," and Equality of Opportunity •1999/2000 Law School Faculty and Staff Salaries •Super Bowl World •Grade This •Dance Marathon •Horoscopes •Cheeto Rebel •Movie Reviews


Vol. 50, No. 7, January 25, 2000, University Of Michigan Law School Jan 2000

Vol. 50, No. 7, January 25, 2000, University Of Michigan Law School

Res Gestae

•Curriculum Committee to Recommend Calendar Changes •LSSS Decides to Leave Vacant 2L Representative Position Unfilled •Federalist View •A Dream Job •Grading the Exam •Y2K Resolutions •Sports Predictions •This Too Shall Pass


Honors Convocation, University Of Michigan Law School Jan 2000

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 12, 2000 University of Michigan Law School Honors Convocation.


Private Order And Public Institutions, Ellen D. Katz Jan 2000

Private Order And Public Institutions, Ellen D. Katz

Reviews

In Private Order Under Dysfunctional Public Order, John McMilan and Christopher Woodruff describe the private institutions that order commercial transactions in developing economies where commercial actors view the formal legal regime as unreliable. Presenting evidence from surveys of market participants in several Eastern European countries and in Vietnam, McMillan and Woodruff depict a system of private order that requires formal organization and the creation of institutions to share information and coordinate multiparty responses. These institutions do not simply offer a viable alternative to public procedures, but also enable commercial transactions to occur where the vacuum in public order would otherwise ...


"Externalities And Other Parasites." Review Of The Strategic Constitution, By R. D. Cooter, And Constitutional Democracy, By D. C. Mueller, Donald J. Herzog Jan 2000

"Externalities And Other Parasites." Review Of The Strategic Constitution, By R. D. Cooter, And Constitutional Democracy, By D. C. Mueller, Donald J. Herzog

Reviews

I shall argue that despite the occasional and charmingly belligerent pose struck by some economists of offering a superior alternative to conventional moral and political theory, economics is covertly parasitic on that theory. I begin in Part I by describing some of the core features of economic analysis and by disclosing my own sentiments about that analysis. The description will be terse, the disclosure partial. My aim is to identify, but certainly not pretend to resolve, some thorny methodological issues that surface in these two books. As for the disclosure, well, even if full disclosure were possible, which I doubt ...


Cardozo The [Small R] Realist, Richard D. Friedman Jan 2000

Cardozo The [Small R] Realist, Richard D. Friedman

Reviews

In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.


Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman Jan 2000

Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman

Reviews

David Atkinson points out an interesting anomaly near the beginning of his book, Leaving the Bench: scholars have spent an enormous amount of energy studying entrance to the Supreme Court-how justices are chosen-but much less studying exit. It is indeed an important issue. Do justices stay too long (or perhaps leave too early)? What mechanisms are in place to induce them to leave the Court when the time has come, and passed? Are further mechanisms needed?


Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog Jan 2000

Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog

Reviews

In this elegantly written, provocative, and sometimes just plain provoking book, punctuated by bits of anguish and rather more pique, Richard Ellis worries that the American Left has been so passionate about equality that it has run roughshod over liberty. So put, the thesis is not exactly news. It has been the recurrent lament of conservative indictments- Tocqueville's is the canonical statement, but he has plenty of precursors and followers. And it has its scholarly variations, too, such as Arthur Lipow, Authoritarian Socialism in America: Edward Bellamy and the Nationalist Movement (1982). No profound surprises are on offer here.


If Taxpayers Can't Be Fooled, Maybe Congress Can: A Public Choice Perspective On The Tax Transition Debate, Kyle D. Logue Jan 2000

If Taxpayers Can't Be Fooled, Maybe Congress Can: A Public Choice Perspective On The Tax Transition Debate, Kyle D. Logue

Reviews

In When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity , Shaviro takes the various strands of the existing literature on retroactivity and weaves them together, applying his unique combination of legal expertise, political pragmatism, and theoretical sophistication in public finance economics as well as political science. The result is a subtle, balanced, and scholarly treatise on transition relief and retroactivity that should serve as the starting point for all future research in the field. In its stated objectives, the book is admirably ambitious.

This Review will, in a broad sense, follow Shaviro's characterization of the ...


Linking The Visions, Christina B. Whitman Jan 2000

Linking The Visions, Christina B. Whitman

Other Publications

Professor Christina Whitman talks about her teaching and her work.


Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross Jan 2000

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

Other Publications

Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.


Linking The Visions, Donald J. Herzog Jan 2000

Linking The Visions, Donald J. Herzog

Other Publications

Professor Donald Herzog talks about his teaching and work.


Linking The Visions, Phoebe C. Ellsworth Jan 2000

Linking The Visions, Phoebe C. Ellsworth

Other Publications

Professor Phoebe Ellsworth talks about her teaching and work.


Information, Decisions, And The Limits Of Informed Consent, Carl E. Scheider, Michael H. Farrell Jan 2000

Information, Decisions, And The Limits Of Informed Consent, Carl E. Scheider, Michael H. Farrell

Book Chapters

For many years, the heart's wish of bioethics has been to confide medical decisions to patients and not to doctors. The favoured key to doing so has been the doctrine of informed consent. The theory of and hopes for that doctrine are well captured in the influential case of Caterbury v. Spence: '[t]rue consent to what happens to one's self is the informed exercise of a choice, and that entails an opportunity to evaluate knoledgeably the options available and the risks attendant upon each'.


In Praise Of Thermostats, John W. Reed Jan 2000

In Praise Of Thermostats, John W. Reed

Other Publications

Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.


On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar Jan 2000

On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


Linking The Visions, James Boyd White Jan 2000

Linking The Visions, James Boyd White

Articles

It is a major tendency of legal studies in our time to focus upon questions of general social policy, with argument centered on which theory or methodology ought to determine such matters. My own attention has been differently focused, on the nature and quality of legal thoughts itself, and of legal expression. It is to these matters that the work I do with the humanities – literature, classics, philosophy, and translation – many speaks.