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Full-Text Articles in Law

States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner Oct 2008

States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner

Scholarly Works

This paper illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between state and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse - the public-private gatekeeper.

Specifically, I examine striking similarities between global bond markets and e-commerce markets through comparison of entities regulating admission to them - the dominant credit rating agencies (Standard & Poor's and Moody's), and the Internet Corporation for Assigned Names and Numbers (ICANN). Following anexamination of the development of these markets and the global regulatory power exercised by …


Tax Equity, Anthony C. Infanti Jun 2008

Tax Equity, Anthony C. Infanti

Anthony C. Infanti

Simply put, this article stands the traditional concept of tax equity on its head. Challenging the notion that tax equity is an unequivocal good, this article deconstructs the concept of tax equity to reveal the subtle, yet pernicious ways in which it shapes tax policy debates and impinges upon contributions to those debates. The article describes how tax equity, with its narrow focus on “income” as the sole relevant metric for judging tax fairness, presupposes a population that is homogeneous along all other lines. Through this insidious homogenization, tax equity performs both a sanitizing and a screening function in the …


Goodbye To Hegemony-Hello To Thinking Globally, Alison Brysk Mar 2008

Goodbye To Hegemony-Hello To Thinking Globally, Alison Brysk

Human Rights & Human Welfare

While I was pleased to see a knowledgeable commentator offer the promise of a fresh approach to the decline of American empire, alas Parag Khanna’s provocative essay does not escape the delusions of your father’s realpolitique. What purports to be a broad-minded analysis of the quest for “global equilibrium” under changing conditions, ends up being a playbook for the scramble for global goodies—with a disturbing dash of Huntingtonian Yellow Peril China-bashing. The real lessons here are deeper: the danger of asking the wrong question, and the need to bring global knowledge into a global framework to understand 21 st-century …


The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham Jan 2008

The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham

University of Miami Law Review

No abstract provided.


Review Of "Havens In A Storm: The Struggle For Global Tax Regulation", Anthony C. Infanti Jan 2008

Review Of "Havens In A Storm: The Struggle For Global Tax Regulation", Anthony C. Infanti

Anthony C. Infanti

This short essay is a review of J.C. Sharman’s book "Havens in a Storm: The Struggle for Global Tax Regulation." In the essay, I first provide a brief overview of Sharman’s book, which approaches the Organisation for Economic Co-operation and Development’s struggle with tax havens over “harmful tax competition” from a political science perspective. I then describe how the book (and, by extension, this review) will be of interest not only to those in the fields of international tax and international relations, but also to those concerned more generally with the dynamics of struggles between the powerful and the weak. …


Tax Equity, Anthony C. Infanti Jan 2008

Tax Equity, Anthony C. Infanti

Articles

Simply put, this article stands the traditional concept of tax equity on its head. Challenging the notion that tax equity is an unequivocal good, this article deconstructs the concept of tax equity to reveal the subtle, yet pernicious ways in which it shapes tax policy debates and impinges upon contributions to those debates. The article describes how tax equity, with its narrow focus on income - as the sole relevant metric for judging tax fairness, presupposes a population that is homogeneous along all other lines. Through this insidious homogenization, tax equity performs both a sanitizing and a screening function in …


Book Review Of 'Havens In A Storm: The Struggle For Global Tax Regulation', Anthony C. Infanti Jan 2008

Book Review Of 'Havens In A Storm: The Struggle For Global Tax Regulation', Anthony C. Infanti

Articles

This short essay is a review of J.C. Sharman's book Havens in a Storm: The Struggle for Global Tax Regulation. In the essay, I first provide a brief overview of Sharman's book, which approaches the Organisation for Economic Co-operation and Development's struggle with tax havens over harmful tax competition from a political science perspective. I then describe how the book (and, by extension, this review) will be of interest not only to those in the fields of international tax and international relations, but also to those concerned more generally with the dynamics of struggles between the powerful and the weak. …