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Full-Text Articles in Law
Ability To Pay, Stephen Utz
Ability To Pay, Stephen Utz
Faculty Articles and Papers
There is broad agreement that a fair tax should be imposed in accordance with taxpayers' ability to pay. A utility-based interpretation of this standard, used in most tax policy discussions today, does not adequately reflect the its historical development and cannot escape long standing and devastating criticisms from within welfare economics and on other general grounds. This article traces the history of ability to pay, with special reference to the standard's emergence along with the British and German income tax laws, and in the theoretical literature that followed the adoption of income tax laws there and elsewhere. The article concludes …
Trade Secrets, Property, And Social Relations, Steven Wilf
Trade Secrets, Property, And Social Relations, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Knicks-Heat And The Appropriateness Of Sanctions In Sport, Lewis Kurlantzick
Knicks-Heat And The Appropriateness Of Sanctions In Sport, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
International Law As Fundamental Justice: James Brown Scott, Harold Hongju Koh, And The American Universalist Tradition Of International Law, Mark Weston Janis
International Law As Fundamental Justice: James Brown Scott, Harold Hongju Koh, And The American Universalist Tradition Of International Law, Mark Weston Janis
Faculty Articles and Papers
I am delighted to have an opportunity to respond to Harold Hongju Koh's excellent Childress Lecture of October 3, 2001, at the Saint Louis University School of Law. It has been my great pleasure to know Harold since we were young lawyers in the 1970's, and most especially during the 1996-97 academic year when we were together on the Law Faculty at Oxford. Now, as always,my first and soundest instinct is to associate myself fully with Harold. I embrace his commitment to human rights at home and abroad, and applaud his dream for the globalization of freedom. Great American lawyers …
Towards An Integrated Theory Of Intellectual Property, Peter Siegelman, Gideon Parchomovsky
Towards An Integrated Theory Of Intellectual Property, Peter Siegelman, Gideon Parchomovsky
Faculty Articles and Papers
In recent years, the importance of intellectual property law both as an academic discipline and as a real world phenomenon has risen meteorically. Oddly, however, there exists a striking misfit between the academic theory of intellectual property and its use in the real world. Economists and legal scholars tend to treat each of the constituent fields of intellectual property as discrete and insular. Worse yet, the same insularity has pervaded the United States Supreme Court's intellectual property jurisprudence. Most recently, in TrafFix Devices v. Marketing Displays, Justice Kennedy opined that "[trademark law] does not exist to reward manufacturers for their …
Afterword: The Role Of The Competition Community In The Patent Law Discourse, Hillary Greene
Afterword: The Role Of The Competition Community In The Patent Law Discourse, Hillary Greene
Faculty Articles and Papers
The Federal Circuit is the most visible point of the intersection between competition and patent law. When a single case contains both competition and patent issues, precedents of that court, including those pertaining to governing legal burdens or presumptions, will be critical. It is worth considering whether and how actual or assumed consumer welfare trade-offs are reflected in those decisions. Additionally, the basic decision to confer patents, and the attendant choices regarding their breadth, scope, and other aspects, also reflect social value judgments that directly implicate competition. The competition community can help both to focus attention upon and to illuminate …
Getting Right With The Great Chief Justice, R. Kent Newmyer
Getting Right With The Great Chief Justice, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
A New Old Look At Terrorism Insurance: Jack Hirshleifer's War Damage Insurance After Fifty Years, Peter Siegelman
A New Old Look At Terrorism Insurance: Jack Hirshleifer's War Damage Insurance After Fifty Years, Peter Siegelman
Faculty Articles and Papers
No abstract provided.
Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg
Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
James Heckman As A Law And Society Scholar: An Outsider's Appreciation, Peter Siegelman
James Heckman As A Law And Society Scholar: An Outsider's Appreciation, Peter Siegelman
Faculty Articles and Papers
No abstract provided.
A 90 Year-Old Snapshot Of Our Family Of International Lawyers, Mark Weston Janis
A 90 Year-Old Snapshot Of Our Family Of International Lawyers, Mark Weston Janis
Faculty Articles and Papers
It so happened that I was leafing through the Report of the 27th Conference (Paris, May 27-June 1, 1912) of the International Law Association (ILA)' on the same day that I received the Preliminary Program for the 96th ASIL Conference (Washington, March 13-16, 2002).2 Noting that the 2002 ASIL conference has as its twin themes "the legalization of international relations" and "the internationalization of legal relations," I thought it might be interesting and useful to see if I could find comparable themes in an international law conference ninety years ago. This led me to some observations about the similarities and …