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Articles 1 - 7 of 7
Full-Text Articles in Law
Billionaire Taxes And The Constitution, Andy Grewal
Billionaire Taxes And The Constitution, Andy Grewal
Georgia Law Review
The United States now has ten times as many billionaires as it had just a few decades ago. This ever-growing class has sparked congressional interest in “billionaire tax” proposals. These proposals would generally require that billionaires recognize income when their asset values increase, even if they have not sold their assets.
Under existing doctrine, billionaire taxes likely violate the realization requirement embedded in the Sixteenth Amendment of the Constitution. However, this Article argues that existing Sixteenth Amendment doctrine suffers from deep infirmities and theoretical inconsistencies. With the conceptually sound interpretive approach advanced in this Article, a billionaire tax could pass …
Parameters Autumn 2023, Usawc Press
Parameters Autumn 2023, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The Strategic Importance Of Taiwan To The United States And Its Allies: Part Two – Policy Since The Start Of The Russia-Ukraine War, Luke P. Bellocchi
The Strategic Importance Of Taiwan To The United States And Its Allies: Part Two – Policy Since The Start Of The Russia-Ukraine War, Luke P. Bellocchi
The US Army War College Quarterly: Parameters
Taiwan has become increasingly important to the United States and its allies as the Russia-Ukraine War has united democracies against authoritarian expansionism and indeed has developed an international democracy-authoritarianism dynamic in global affairs. Part one of this article clearly outlined the geopolitical, economic, and soft-power reasons why Taiwan is strategically important. Part two reviews the development of US and allied policy statements on Taiwan—from the invasion of Ukraine in 2022 to the present—and provides policymakers and military strategists with incremental but realistic recommendations for understanding the current dynamic of the region and fashioning responses to deter further authoritarian aggression.
Mother Nature On The Run: The Sec, Climate Change Disclosure, And The Major Questions Doctrine, J. Robert Brown, Jr.
Mother Nature On The Run: The Sec, Climate Change Disclosure, And The Major Questions Doctrine, J. Robert Brown, Jr.
San Diego Law Review
The Securities and Exchange Commission (SEC or Commission) has proposed a rule that addresses the disclosure needs of investors with respect to climate change. The proposal would require that public companies tell investors about the risks to their business associated with climate change and explain the system and strategy of governance for monitoring those risks. In addition, the proposal would mandate the disclosure of certain greenhouse gas emissions.
The SEC’s proposal arrived contemporaneously with the Supreme Court’s announcement of the “major questions” doctrine. A deliberate attempt to limit the authority of the executive branch, the doctrine would restrict agencies from …
Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Sanitation: Reducing The Administrative State’S Control Over Public Health, Lauren R. Roth
Sanitation: Reducing The Administrative State’S Control Over Public Health, Lauren R. Roth
Scholarly Works
On April 18, 2022, in Health Freedom Defense Fund, Inc. v. Biden, United States District Judge Kathryn Kimball Mizelle vacated the mask mandate issued by the Centers for Disease Control and Prevention. Following a framework laid out in other decisions restricting CDC actions in response to COVID-19, the court found that the agency lacked statutory authority to protect the public from the virus by requiring mask wearing during travel and at transit hubs because Congress did not intend such a broad grant of power. Countering decades of public health jurisprudence, the federal district court failed to defer to experts and …
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Book Chapters
In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …