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Full-Text Articles in Law

The Case For Repealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll Jan 2003

The Case For Repealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll

All Faculty Scholarship

No abstract provided.


The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work), Lawrence A. Cunningham Jan 2003

The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work), Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

A thorough examination of the much ballyhooed Sarbanes-Oxley Act reveals dominantly a federal codification of extant rules, regulations, practices, and norms. Despite advertising it as "the most far-reaching reforms of American business practices since the time of FDR," a soberly apolitical view sees the Act as more sweep than reform. Important are provisions calling for nine studies; redundant but much publicized were the certification requirements imposed during the summer of 2002; other moves are mere patchwork responses to precise transgressions present in the popularized scandals. The Act is far from trivial, however. A silver bullet relates to the structure and …


But What Will The Wto Disciplines Apply To - Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry Jan 2003

But What Will The Wto Disciplines Apply To - Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Faculty Scholarly Works

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …


Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael Jan 2003

Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael

Law Faculty Scholarly Articles

Dean Johan Henning presents the South African experience with business entity reform as one part of a coordinated whole. It included, for example, government funding for business, tax reforms, accounting and securities changes. Henning says that these reforms, though multi-faceted, had a uniform purpose: to use small business as an engine to improve the economy and to move “historically and socially disadvantaged groups” into the mainstream of the economy and the society.

These are noble goals and far reaching efforts, and a lot to ask of business entity reform. But because the South African experience was nonetheless successful by all …


What Caused Enron? A Capsule Social And Economic History Of The 1990s, John C. Coffee Jr. Jan 2003

What Caused Enron? A Capsule Social And Economic History Of The 1990s, John C. Coffee Jr.

Faculty Scholarship

The sudden explosion of corporate accounting scandals and related financial irregularities that burst over the financial markets between late 2001 and the first half of 2002 e.g., Enron, WorldCom, Tyco, Adelphia, and others-raises an obvious question: why now? What explains the sudden concentration of financial scandals at this moment in time? Much commentary has rounded up the usual suspects and blamed the scandals on a decline in business morality, “infectious greed,” and similar subjective trends that cannot be reliably measured.