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Articles 241 - 270 of 382
Full-Text Articles in Legislation
Back From The Dead: Reviving Transfer Pricing Enforcement, Reuven S. Avi-Yonah
Back From The Dead: Reviving Transfer Pricing Enforcement, Reuven S. Avi-Yonah
Articles
The OECD has recently come to recognize that the transfer pricing system does not work as intended. In its report on base erosion and profit shifting 2013 WTD 140-17: Other Administrative Documents, the OECD recognizes that BEPS results in revenue losses that affect all states, especially poorer ones; that systematic tax avoidance by the richest and most powerful companies in the world undermines the general legitimacy of taxation; that it gives MNEs significant competitive advantages over purely domestic firms, resulting in inefficient allocations of investment and major distortions to economic activity; and that it skews the decisions of the MNEs …
A Defense Of Stand Your Ground Legislation, Jarrett Field '14
A Defense Of Stand Your Ground Legislation, Jarrett Field '14
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Note, Institutionally Appropriate Approaches To Privacy: Striking A Balance Between Judicial And Administrative Enforcement Of Privacy Law, Lauren Henry Scholz
Note, Institutionally Appropriate Approaches To Privacy: Striking A Balance Between Judicial And Administrative Enforcement Of Privacy Law, Lauren Henry Scholz
Scholarly Publications
No abstract provided.
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Law Faculty Scholarship
This Article examines the ways that contemporary creativity challenges copyright’s fixation requirement. In this Article, we identify concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era.
Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the “metes and bounds” of creative expression. Recent case law …
Chapter 280: Streamlined Vote By Mail Procedures For Today’S Majority Voting Method, Anthony Serrao
Chapter 280: Streamlined Vote By Mail Procedures For Today’S Majority Voting Method, Anthony Serrao
McGeorge Law Review
No abstract provided.
Torts And Civil Rights Law: Migration And Conflict: Symposium Introduction, Sandra F. Sperino
Torts And Civil Rights Law: Migration And Conflict: Symposium Introduction, Sandra F. Sperino
Faculty Articles and Other Publications
Curiously, the connection between civil rights and civil wrongs has not been a topic that has captivated the attention of large numbers of legal scholars over the years. The distance that has developed between the two fields likely reflects their placement on opposite sides of the public-private divide, with Title VII and other anti-discrimination statutes forming part of public law, while torts is a classic, private law subject. To compound the division, both subjects are to some extent still under-theorized. Employment discrimination scholarship is often caught up in the process of analyzing the doctrinal implications of the latest Supreme Court …
Let's Pretend Discrimination Is A Tort, Sandra F. Sperino
Let's Pretend Discrimination Is A Tort, Sandra F. Sperino
Faculty Articles and Other Publications
In the past decade, the Supreme Court has repeatedly invoked tort common law to interpret federal discrimination statutes. During this same time period, the Supreme Court increasingly invoked textualism as the appropriate methodology for interpreting these statutes. One immediate effect of these two trends - tortification and textualism - is to restrict discrimination law by tightening causal standards.
This Article explores how interpreting discrimination statutes through the lenses of tort law and textualism can expand, rather than restrict, discrimination law. It assumes that courts will continue to characterize discrimination statutes as torts and as deriving from the common law, despite …
Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow
Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow
Barry Law Review
No abstract provided.
Proposition 2: State Budget – Budget Stabilization Account, Eric Riviera-Jurado Riviera-Jurado, Robert Binning
Proposition 2: State Budget – Budget Stabilization Account, Eric Riviera-Jurado Riviera-Jurado, Robert Binning
California Initiative Review (CIR)
No abstract provided.
Proposition 45: Insurance Rate Public Justification And Accountability Act., Tracey Frazier, Rob Nash
Proposition 45: Insurance Rate Public Justification And Accountability Act., Tracey Frazier, Rob Nash
California Initiative Review (CIR)
No abstract provided.
Proposition 48: Referendum On Indian Gaming Compacts, Nicholas Kump, Charles Deyoe
Proposition 48: Referendum On Indian Gaming Compacts, Nicholas Kump, Charles Deyoe
California Initiative Review (CIR)
No abstract provided.
Proposition 1: Water Quality, Supply, And Infrastructure Improvement Act Of 2014, Sean Creadick, Patrick Lewis
Proposition 1: Water Quality, Supply, And Infrastructure Improvement Act Of 2014, Sean Creadick, Patrick Lewis
California Initiative Review (CIR)
No abstract provided.
Chapter 58: Disclosure Of Medical Information In Pretrial Settlements With Marriage And Family Therapists, Brian Geremia
Chapter 58: Disclosure Of Medical Information In Pretrial Settlements With Marriage And Family Therapists, Brian Geremia
McGeorge Law Review
No abstract provided.
Chapter 519: Fortifying California’S Reporters’ Shield, Devina Douglas
Chapter 519: Fortifying California’S Reporters’ Shield, Devina Douglas
McGeorge Law Review
No abstract provided.
Chapter 259: Welcome To The 21st Century! Taking Marital Status Out Of Rape By Misrepresentation, Michelle Carlson
Chapter 259: Welcome To The 21st Century! Taking Marital Status Out Of Rape By Misrepresentation, Michelle Carlson
McGeorge Law Review
No abstract provided.
Driving While Undocumented: Chapter 524 Allows Undocumented Immigrants To Apply For Driver’S Licenses In California, Vallerye Mosquera
Driving While Undocumented: Chapter 524 Allows Undocumented Immigrants To Apply For Driver’S Licenses In California, Vallerye Mosquera
McGeorge Law Review
No abstract provided.
Chapter 85: Providing Greater Protections For Transgender Students, Lara Awad
Chapter 85: Providing Greater Protections For Transgender Students, Lara Awad
McGeorge Law Review
No abstract provided.
Chapter 743 Lowers Adoption Costs: More Families Made Whole, More Children Kept Safe, Jacquelyn Loyd
Chapter 743 Lowers Adoption Costs: More Families Made Whole, More Children Kept Safe, Jacquelyn Loyd
McGeorge Law Review
No abstract provided.
Chapter 691: Protecting Military Members And Veterans From Employment Discrimination, Lindsay Barnes
Chapter 691: Protecting Military Members And Veterans From Employment Discrimination, Lindsay Barnes
McGeorge Law Review
No abstract provided.
Sb 1262: California Hashes Out Medical Marijuana Industry Regulation And Dispenses Greater Scrutiny Of Physician Recommendations, Erika Lewis
McGeorge Law Review
No abstract provided.
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.
Chapter 919: Audrie’S Law Dramatically Increases The Punishment For Rape Of A Defenseless Victim, Andrew Pinasco
Chapter 919: Audrie’S Law Dramatically Increases The Punishment For Rape Of A Defenseless Victim, Andrew Pinasco
McGeorge Law Review
No abstract provided.
Chapter 406: Fixing The Pain In Local Government’S Neck, Restructuring California Massage Therapy Regulation, Brandon Bjerke
Chapter 406: Fixing The Pain In Local Government’S Neck, Restructuring California Massage Therapy Regulation, Brandon Bjerke
McGeorge Law Review
No abstract provided.
Chapters 859 & 863: Model Revenge Porn Legislation Or Merely A Work In Progress?, Michelle Daniels
Chapters 859 & 863: Model Revenge Porn Legislation Or Merely A Work In Progress?, Michelle Daniels
McGeorge Law Review
No abstract provided.
The Changing Face Of Espionage: Modern Times Call For Amending The Espionage Act, Lindsay B. Barnes
The Changing Face Of Espionage: Modern Times Call For Amending The Espionage Act, Lindsay B. Barnes
McGeorge Law Review
No abstract provided.
Direct Democracy: A Global Comparative Study On Electoral Initiative And Referendum Mechanisms, Patrick Ford, Tiangay Kemokai
Direct Democracy: A Global Comparative Study On Electoral Initiative And Referendum Mechanisms, Patrick Ford, Tiangay Kemokai
California Initiative Review (CIR)
No abstract provided.
Cover, University Of The Pacific, Mcgeorge School Of Law
Cover, University Of The Pacific, Mcgeorge School Of Law
California Initiative Review (CIR)
No abstract provided.
Proposition 46: Drug And Alcohol Testing Of Doctors. Medical Negligence Lawsuits., Easton Broome, Fay Saechao
Proposition 46: Drug And Alcohol Testing Of Doctors. Medical Negligence Lawsuits., Easton Broome, Fay Saechao
California Initiative Review (CIR)
No abstract provided.
Proposition 47: The Safe Neighborhoods And School Act, Selena Farnesi, Emily Reynolds
Proposition 47: The Safe Neighborhoods And School Act, Selena Farnesi, Emily Reynolds
California Initiative Review (CIR)
No abstract provided.
Legislatively Referred Advisory Questions On The Ballot: The Struggle For Proposition 49, Meryl Balalis, Brandon Bjerke
Legislatively Referred Advisory Questions On The Ballot: The Struggle For Proposition 49, Meryl Balalis, Brandon Bjerke
California Initiative Review (CIR)
No abstract provided.