| Author | Title | Citation | Summary | Year |
| John B. Snyder, III |
BARBARIANS AT THE GATE?: THE LAW OF FRIVOLITY AS ILLUMINATED BY PRO SE TAX PROTEST CASES |
54 Wayne Law Review 1249 (Fall, 2008) |
I. Introduction. 1250 II. The Legal Landscape of Frivolity. 1252 A. Some Notes on Terminology. 1252 B. Frivolousness Under Specific Regimes. 1254 1. Federal Rule of Civil Procedure 1. 11254 2. Federal Rule of Appellate Procedure 38. 1255 3. The In Forma Pauperis Statute. 1256 4. The Substantiality Doctrine. 1257 5. Section 6673 of the Internal... |
2008 |
| Phuong (Lily) Tran |
CADBURY SCHWEPPES PLC V. COMMISSIONERS OF INLAND REVENUE: ELIMINATING A HARMFUL TAX PRACTICE OR ENCOURAGING MULTINATIONALS TO SHOP AROUND THE BLOC? |
30 Loyola of Los Angeles International and Comparative Law Review 77 (Winter 2008) |
Cadbury Schweppes, the successful international beverages and confectionery group, is undoubtedly celebrating a sweet victory in its newly launched campaign. This campaign, however, does not involve the introduction of new seasonal chocolate treats. Rather, Cadbury is challenging the tax laws of the United Kingdom (UK). Current UK legislation... |
2008 |
| Beverly I. Moran |
CAPITALISM AND THE TAX SYSTEM: A SEARCH FOR SOCIAL JUSTICE |
61 SMU Law Review 337 (Spring 2008) |
America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet the United States tax system manages to violate fundamental capitalist principles, as... |
2008 |
| Eric R. Swibel |
CHURCHES AND CAMPAIGN INTERVENTION: WHY THE TAX MAN IS RIGHT AND HOW CONGRESS CAN IMPROVE HIS REPUTATION |
57 Emory Law Journal 1605 (2008) |
If Jesus were to debate John Kerry and George W. Bush, Jesus would win. At least, Jesus would win according Reverend Dr. George F. Regas, former rector of All Saints Church in Pasadena, California. Regas made this claim as part of a sermon that he delivered as a guest preacher at the liberal church two days before the 2004 presidential election.... |
2008 |
| Mitchell A. Kane , Edward B. Rock |
CORPORATE TAXATION AND INTERNATIONAL CHARTER COMPETITION |
106 Michigan Law Review 1229 (May, 2008) |
Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate... |
2008 |
| Timothy J. Coley |
DISPUTED DEDUCTIONS: DELFINO AND THE FOURTH CIRCUIT'S PRUDENT ADOPTION OF THE RESTRICTIVE APPROACH TO TAX EVASION SENTENCING |
87 North Carolina Law Review 234 (December, 2008) |
Justice Hugo Black famously remarked that [t]he United States has a system of taxation by confession. That a people so numerous, scattered and individualistic annually assesses itself with a tax liability, often in highly burdensome amounts, is a reassuring sign of the stability and vitality of our system of self-government. Justice Black was... |
2008 |
| Lisa A. Keister, Joel F. Handler, Lingsin Hao, Mark R. Rank, Alan Reynolds, John Schmitt |
III. FIRST PANEL: RISING WEALTH INEQUALITY: WHY WE SHOULD CARE |
15 Georgetown Journal on Poverty Law and Policy 437 (Summer, 2008) |
Lisa Keister: It is my pleasure to add my welcome to the welcomes you have heard already and also to introduce the first panel. The first panel's job is to start to define the problem that we are dealing with, to start to flesh out some of the details about what wealth inequality is, how much wealth inequality there is, how much there has been... |
2008 |
| Rafael Efrat |
IMMIGRANT ENTREPRENEURS IN BANKRUPTCY |
82 American Bankruptcy Law Journal 693 (Fall, 2008) |
Entrepreneurship is a vital and promising venue for immigrants trying to integrate into the labor market. Immigrants make up a growing portion of the self-employed and are overrepresented in the small business sector in the United States. Nonetheless, immigrant entrepreneurs face disadvantages compared to their native-born counterparts. In addition... |
2008 |
| Karen C. Burke |
IS THE CORPORATE TAX SYSTEM "BROKEN"? |
28 Virginia Tax Review 341 (Fall 2008) |
I. Introduction. 341 II. Decline of the Corporate Tax. 343 A. Long-Term Decline. 343 B. Role of Corporate Tax. 344 C. Economic Distortions. 345 III. 2003 Tax Cuts: The Fifteen Percent Solution. 347 A. Integration Proposal. 347 B. Fifteen Percent Solution. 349 C. Unstable Compromise. 350 IV. Outlook for the Future. 353 A. Rangel Proposal. 354 B.... |
2008 |
| Charles E. McLure Jr. |
LEGISLATIVE, JUDICIAL, SOFT LAW, AND COOPERATIVE APPROACHES TO HARMONIZING CORPORATE INCOME TAXES IN THE US AND THE EU |
14 Columbia Journal of European Law 377 (Summer, 2008) |
The Member States of the European Community have systems of taxing corporate income that are more appropriate for nations than for members of an economic union. This paper describes the problems of the present system, which is based on separate accounting and arm's length pricing, the advantages of one based on consolidation and formula... |
2008 |
| Ruth Mason |
MADE IN AMERICA FOR EUROPEAN TAX: THE INTERNAL CONSISTENCY TEST |
49 Boston College Law Review 1277 (November, 2008) |
The European Court of Justice (ECJ) has come under increasing criticism for overstepping its institutional authority in tax cases by invalidating national tax regimes that are not discriminatory. This Article offers an explanation for the ECJ's difficulties in tax cases. Overlapping taxation--the simultaneous exercise of tax... |
2008 |
| Rafael Efrat |
MINORITY ENTREPRENEURS IN BANKRUPTCY |
15 Georgetown Journal on Poverty Law and Policy 95 (Spring, 2008) |
Minorities join the entrepreneurial sector as an avenue of opportunity to address certain disadvantages they face in the labor market. Despite the increasing number of minorities becoming entrepreneurs, minority-owned businesses are underrepresented in the entrepreneurial sector in the United States. Furthermore, they also tend to have a higher... |
2008 |
| John E. Coons |
PRIVATE WEALTH AND PUBLIC SCHOOLS |
4 Stanford Journal of Civil Rights & Civil Liberties 245 (October, 2008) |
This our life exempt from public haunt. -- William Shakespeare, As You Like It Introduction. 246 I. Scraps of a Creed Remembered. 249 A. Judicial Function: Clarity and Restraint. 249 B. Equality. 250 C. Subsidiarity and Local Control. 252 D. Freedom, Liberty et al.. 253 E. The Family. 255 F. Educational Outcomes. 255 G. Social Class Sympathies.... |
2008 |
| Bruce M. Bird, CPA and Attorney, Harrison Mccraw, and Christine Haynes |
PROFESSIONALS WIN OUT OVER RECREATIONAL GAMBLERS FOR TAX PURPOSES |
80 Practical Tax Strategies 155 (March, 2008) |
Gambling losses are deductible only to the extent of winnings, but just professional gamblers can claim the deductions for figuring AGI, rather than having to itemize them. The growth of gambling in recent years has been quite dramatic. In 2005, the latest year for which annual gaming statistics are reported, gaming industry revenue in the U.S.... |
2008 |
| Bekah Mandell |
RACE AND STATE-LEVEL EARNED INCOME TAX CREDITS: ANOTHER CASE OF WELFARE RACISM? |
10 Rutgers Race & the Law Review 1 (Special Edition 2008) |
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), with its focus on conditioning welfare benefits on workforce participation, marked a complete overhaul of sixty years of federal social policy in the U.S. In the wake of the 1996 welfare reform and the national shift towards the recommodification of welfare ,... |
2008 |
| J. Clifton Fleming, Jr. , Robert J. Peroni |
REINVIGORATING TAX EXPENDITURE ANALYSIS AND ITS INTERNATIONAL DIMENSION |
27 Virginia Tax Review 437 (Winter 2008) |
I. Introduction. 439 II. A Simple, but Necessary, Illustration. 446 III. Is TEA More Than Rhetoric?. 450 A. Ability-to-Pay and SHS. 450 B. Neutrality. 460 IV. Other Criticisms of TEA. 461 A. Do Implicit Taxes Nullify Concerns Regarding Tax Expenditures?. 461 1. Distortion. 462 2. Capture. 463 B. Is TEA Relevant to the Formation of Government... |
2008 |
| Dr. Rafael Efrat |
SENIOR ENTREPRENEURS IN BANKRUPTCY |
42 Creighton Law Review 83 (December, 2008) |
During the last century, the number and the proportion of seniors in the United States have increased considerably. The U.S. population which would be considered senior is expected to continue to grow at a brisk rate throughout this century. The rapid growth of the senior population is a product of a number of factors including a declining death... |
2008 |
| Brian Calandra |
SOUND AND FURY, ACCOMPLISHING NOTHING?: WHY HAVEN'T EMPIRICAL DATA, COMMENTATOR ADVOCACY AND SYMPATHETIC MEDIA COVERAGE HELPED WOMEN IN BANKRUPTCY? |
30 Women's Rights Law Reporter 184 (Fall 2008) |
Much like Bill Clinton hailed the end of welfare as we know it, George Bush proudly announced the end of profligate debtors and bankruptcy abuse by signing the long-gestating Bankruptcy Abuse Prevention and Consumer Protection Act (2005 Act). The overwhelming horror, derision, and ridicule that greeted the bill could not have been any more... |
2008 |
| Anthony C. Infanti |
TAX AS URBAN LEGEND |
24 Harvard BlackLetter Law Journal 229 (Spring 2008) |
What do race, gender, sexual orientation, and other non-economic characteristics of individuals have to do with tax policy? Shouldn't tax policy debates focus on neutral, objective, and quantifiable economic factors rather than on group status? What utility can there really be in bringing the perspective of subordinated groups to tax policy... |
2008 |
| Bridget J. Crawford |
TAX AVATARS |
2008 Utah Law Review 793 (2008) |
I. Introduction. 793 II. Creating a Legal Avatar: The Power of Attorney. 794 A. Creation. 794 B. Scope. 795 C. Limitations. 796 III. Taxing Legal Avatars. 797 A. Estate and Gift Tax Generally. 797 B. Why a Power of Attorney Does Not Give Rise to Wealth Transfer Taxation. 804 C. The Impact of Fiduciary Duty in Other Transfer Tax Contexts. 806 IV.... |
2008 |
| Brian Galle |
TAX FAIRNESS |
65 Washington and Lee Law Review 1323 (Fall, 2008) |
This Article argues that, contrary to the consensus of economists and many legal scholars, the norm of horizontal equity in taxation has independent meaning as a default rule in favor of existing arrangements. Although it has long been said, and widely thought, that tax should be fair in its dealings with individuals who are situated similarly to... |
2008 |
| Linda M. Beale |
TAX SHELTERS AND THE TAX MINIMIZATION NORM: HOW DOES THE PATENTING OF TAX ADVICE TRANSFORM THE (GLOBAL) PLAYING FIELD |
9 Journal of Law in Society 29 (Summer, 2008) |
The U.S. tax administration began a new era of enforcement by focusing on cloned tax shelters that were marketed by ambitious accounting and tax law firms to small groups of customers. That focus led to heightened transparency requirements--new disclosure rules, higher standards for tax reporting, and stiffer penalties. Even the courts, which had... |
2008 |
| Anthony C. Infanti |
TAXEQUITY |
55 Buffalo Law Review 1191 (January, 2008) |
Uniformity breeds conformity, and conformity's other face is intolerance. Zygmunt Bauman The starting-point of critical elaboration is the consciousness of what one really is, and is knowing thyself as a product of the historical process to date which has deposited in you an infinity of traces, without leaving an inventory. It is necessary... |
2008 |
| Yoram Keinan |
THE CASE FOR RESIDENCY-BASED TAXATION OF FINANCIAL TRANSACTIONS IN DEVELOPING COUNTRIES |
9 Florida Tax Review 1 (2008) |
The globalization process does not permit a country that wishes to be involved in this process to take an independent stand in choosing its tax system, especially with respect to financial transactions. Choosing tax rules that are unacceptable in the world's leading countries could adversely affect an economy's competitiveness in the world's... |
2008 |
| Tracy A. Kaye |
THE GENTLE ART OF CORPORATE SEDUCTION: TAX INCENTIVES IN THE UNITED STATES AND THE EUROPEAN UNION |
57 University of Kansas Law Review 93 (October, 2008) |
Wal-Mart Received $200 Million in Subsidies Since 2004, Report Says. This headline illustrates a compelling problem in the U.S. federal system--tax competition among the states. A 2004 study detailed how Wal-Mart received over $1 billion in economic development subsidies from approximately 240 state and local governments for its retail stores as... |
2008 |
| Steven A. Dean |
THE INCOMPLETE GLOBAL MARKET FOR TAX INFORMATION |
49 Boston College Law Review 605 (May, 2008) |
The United States finds itself facing a growing disparity between the tax information it collects domestically and the tax information it is able to acquire from abroad. At the same time, globalization and technology have made it easier for taxpayers to ignore national borders and have therefore made the ability to acquire useful... |
2008 |
| Charles Lewis Nier III |
THE SHADOW OF CREDIT: THE HISTORICAL ORIGINS OF RACIAL PREDATORY LENDING AND ITS IMPACT UPON AFRICAN AMERICAN WEALTH ACCUMULATION |
11 University of Pennsylvania Journal of Law and Social Change 131 (2007-2008) |
Responding to a controversy regarding incendiary remarks that surfaced in the media from his former pastor, Reverend Jeremiah A. Wright Jr., United States Senator and Democratic presidential candidate Barack Obama came to the City of Philadelphia to deliver a major address on the issue of race in the United States. In a remarkable and... |
2008 |
| Rafael Efrat |
THE TAX BURDEN AND THE PROPENSITY OF SMALL-BUSINESS ENTREPRENEURS TO FILE FOR BANKRUPTCY |
4 Hastings Business Law Journal 175 (Spring 2008) |
Small-business owners in the United States make a significant contribution to its economy. Small-business owners make up 6 percent of the adults population and approximately 11 percent of working Americans. These small-business owners compose the vast majority of firms in the United States. Indeed, small-business owners, rather than large... |
2008 |
| Michael Halper |
THE TAX RAMIFICATIONS OF CATCHING HOME RUN BASEBALLS |
59 Case Western Reserve Law Review 191 (Fall, 2008) |
The summer of 1998 marked the rebirth of America's pastime, Major League Baseball, following several years of stunted growth caused by 1994's player strike. The resurgence is attributed in large part to the general public's fascination with the summer-long chase of Roger Maris's single-season record of sixty-one home runs. The St. Louis Cardinals'... |
2008 |
| Theodore P. Seto |
THE UNINTENDED TAX ADVANTAGES OF GAY MARRIAGE |
65 Washington and Lee Law Review 1529 (Fall, 2008) |
The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code... |
2008 |
| Daria Roithmayr |
THEM THAT HAS, GETS |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| Stephen P. Berzon, Ana Avendaño, Jonathan B. Forman, Kent Greenfield, Patricia A. McCoy, Ann M. O'Leary, Michael Selmi, Marion Crain |
V. THIRD PANEL: HOW LAW CONSTRUCTS WEALTH PATTERNS |
15 Georgetown Journal on Poverty Law and Policy 509 (Summer, 2008) |
Stephen Berzon: Good morning. It struck me yesterday listening to Bob Kuttner's opening talk and then listening to the previous panel how, to some degree, history has a way of repeating itself. Back when I was first starting to practice law in the late 1960s and working in legal services, I can recall participating in many programs that addressed... |
2008 |
| Chris L. Winstanley |
A HEALTHY FOOD TAX CREDIT: MOVING AWAY FROM THE FAT TAX AND ITS FAULT-BASED PARADIGM |
86 Oregon Law Review 1151 (2007) |
Rates of overweight and obesity in the United States have reached epidemic proportions. Recent studies indicate that over one-third of Americans are overweight and another one-third are obese. Obesity is a socioeconomic problem, disparately affecting low-income and minority populations. Health officials consider obesity one of the foremost public... |
2007 |
| Scott A. Taylor |
A JUDICIAL FRAMEWORK FOR APPLYING SUPREME COURT JURISPRUDENCE TO THE STATE INCOME TAXATION OF INDIAN TRADERS |
2007 Michigan State Law Review 841 (Winter 2007) |
C1-3Table of Contents L1-2Introduction . L3842 I. In the Beginning There Was the Fur and Pelt Trade. 848 A. British and Colonial Regulation. 848 B. Regulation under the Articles of Confederation and the Constitution. 850 II. Important Judicial Decisions before Warren Trading Post. 853 III. Warren Trading Post and Subsequent Cases. 859 A. Warren... |
2007 |
| Brian Galle |
A REPUBLIC OF THE MIND: COGNITIVE BIASES, FISCAL FEDERALISM, AND SECTION 164 OF THE TAX CODE |
82 Indiana Law Journal 673 (Summer, 2007) |
In its efforts to guide money to the states, our federal government annually passes up more than $75 billion in potential revenue under a single provision of the Tax Code. That provision, section 164 of the Code, allows itemizing taxpayers to deduct the cost of the state and local income, property, and (to a limited extent) sales taxes they paid... |
2007 |
| Melissa B. Jacoby |
BANKRUPTCY REFORM AND HOMEOWNERSHIP RISK |
2007 University of Illinois Law Review 323 (2007) |
The personal bankruptcy system is part of a larger system of household risk management. Much of the discussion about personal bankruptcy has focused on bankruptcy's insurance role with respect to unsecured obligations like credit cards and medical bills. The passage of omnibus bankruptcy legislation coupled with dramatic changes in the home... |
2007 |
| Peter S. Menell |
BANKRUPTCY TREATMENT OF INTELLECTUAL PROPERTY ASSETS: AN ECONOMIC ANALYSIS |
22 Berkeley Technology Law Journal 733 (Spring 2007) |
I. INTRODUCTION. 735 II. CONTRASTING APPROACHES TO ASSET MANAGEMENT: INTELLECTUAL PROPERTY LAWS VERSUS THE BANKRUPTCY SYSTEM. 737 A. Intellectual Property Law: The Ex Ante Perspective. 737 1. The Goals of Intellectual Property Law. 738 2. Intellectual Property Transactions. 741 a) Patents. 741 b) Copyrights. 743 c) Trade Secrets. 747 d) Trademarks.... |
2007 |
| Janet Thompson Jackson |
CAN FREE ENTERPRISE CURE URBAN ILLS?: LOST OPPORTUNITIES FOR BUSINESS DEVELOPMENT IN URBAN, LOW-INCOME COMMUNITIES THROUGH THE NEW MARKETS TAX CREDIT PROGRAM |
37 University of Memphis Law Review 659 (Summer, 2007) |
I. A Historical Perspective on Free Enterprise in the African-American Community. 664 A. Segregation and Black Enterprise. 665 B. The Decline of the Inner City. 669 C. The Economic Impact of the Civil Rights Movement. 670 D. Federal Community Economic Development Programs. 672 E. Minority Business Development Programs. 675 F. The Growth of... |
2007 |
| Christopher Klimmek |
CHALLENGING STATE INVESTMENT TAX CREDITS AFTER DAIMLERCHRYSLER CORP. v. CUNO |
60 Tax Lawyer 1115 (Summer, 2007) |
States use investment tax credits and a host of similar incentives to attract businesses in the hopes of stimulating economic growth and creating jobs. Although the economic evidence indicates that the effectiveness of these measures is doubtful, state politicians continue to regard them as an important tool for promoting economic growth. Recently,... |
2007 |
| Miranda Perry Fleischer |
CHARITABLE CONTRIBUTIONS IN AN IDEAL ESTATE TAX |
60 Tax Law Review 263 (Summer 2007) |
Every Charitable Act is a Stepping-Stone Toward Heaven - Henry Ward Beecher Charitable bequests are big business, totaling approximately $18.47 billion in 2004. Such bequests have been fully deductible for federal estate tax purposes since 1918, costing the federal fisc approximately $7 billion in 2004. The unlimited nature of the estate tax... |
2007 |
| Byron F. Egan |
CHOICE OF ENTITY DECISION TREE AFTER MARGIN TAX AND TEXAS BUSINESS ORGANIZATIONS CODE |
42 Texas Journal of Business Law 71 (Spring 2007) |
I. GENERAL. 76 A. Introduction. 76 B. Statutory Updating. 78 C. Texas Business Organizations Code. 79 1. Background. 79 2. Source Law Codified. 79 3. Hub and Spoke Organization of Code. 80 4. Effective Date. 80 5. Changes Made By the TBOC. 81 a. Vocabulary. 81 b. Certificate of Formation. 82 c. Filing procedures. 82 d. Entity Names. 82 e.... |
2007 |
| Ruth Mason |
COMMON MARKETS, COMMON TAX PROBLEMS |
8 Florida Tax Review 599 (2007) |
It began with George Washington himself, when he wrote to Lafayette: I am a citizen of the greatest Republic of Mankind. I see the human race united like a huge family by brotherly ties. We have made a sowing of liberty which will, little by little, spring up across the whole world. One day, on the model of the United States of America, a United... |
2007 |
| Kelly T. Brewer |
DISENFRANCHISE THIS: STATE VOTER ID LAWS AND THEIR DISCONTENTS, A BLUEPRINT FOR BRINGING SUCCESSFUL EQUAL PROTECTION AND POLL TAX CLAIMS |
42 Valparaiso University Law Review 191 (Fall, 2007) |
Since the passage of the Help America Vote Act in 2002, nearly half of the states have enacted some form of an identification requirement as a prerequisite to in-person voting. Proponents argue that such laws are necessary to combat alleged voter fraud. While the actual scope of voter fraud, particularly in-person voter fraud, is widely disputed,... |
2007 |
| Ruth Mason |
FLUNKING THE ECJ'S TAX DISCRIMINATION TEST |
46 Columbia Journal of Transnational Law 72 (2007) |
This Article argues that by applying a highly formalistic methodology to decide tax cases, the European Court of Justice avoids the challenge of weighing the harms of tax discrimination against the benefits to Member States in retaining autonomy over their tax systems. By eschewing normative analysis in favor of formalism, the Court engenders... |
2007 |
| Kenya Covington , Rodney Harrell |
FROM RENTING TO HOMEOWNERSHIP: USING TAX INCENTIVES TO ENCOURAGE HOMEOWNERSHIP AMONG RENTERS |
44 Harvard Journal on Legislation 97 (Winter, 2007) |
This Article proposes changes to the federal tax code that would help more renters become homeowners. Currently, the tax code provides three primary benefits to homeowners but no corresponding benefits to the roughly 33.9 million renter households in the United States. The Article analyzes the difficulties facing renters seeking to become... |
2007 |
| Robert J. Landry, III , Amy K. Yarbrough |
GLOBAL LESSONS FROM CONSUMER BANKRUPTCY AND HEALTHCARE REFORMS IN THE UNITED STATES: A STRUGGLING SOCIAL SAFETY NET |
16 Michigan State Journal of International Law 343 (2007) |
Consumer bankruptcy and healthcare reforms have been on the agenda in the United States for nearly a decade. There have been successful legislative efforts in both policy areas, such as passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Reform Act) and the Health Insurance Portability and Accountability Act of 1996... |
2007 |
| Adam H. Rosenzweig |
HARNESSING THE COSTS OF INTERNATIONAL TAX ARBITRAGE |
26 Virginia Tax Review 555 (Winter 2007) |
Despite attention from governments, international organizations, and academics, the issue of international tax arbitrage, or private tax benefits arising from the conflict of tax laws between countries, has proven a difficult and at times intractable one. Rather than try to minimize the costs of such arbitrage or prevent abuse of the laws of a... |
2007 |
| Luca Enriques , Martin Gelter |
HOW THE OLD WORLD ENCOUNTERED THE NEW ONE: REGULATORY COMPETITION AND COOPERATION IN EUROPEAN CORPORATE AND BANKRUPTCY LAW |
81 Tulane Law Review 577 (February, 2007) |
The European framework for creditor protection has undergone a remarkable transformation in recent years. While the European Court of Justice's Centros case and its progeny have given European Union businesses free choice with respect to the state of incorporation, and hence to the substantive corporate law regime, the European Insolvency... |
2007 |
| Lawrence Zelenak |
JUSTICE HOLMES, RALPH KRAMDEN, AND THE CIVIC VIRTUES OF A TAX RETURN FILING REQUIREMENT |
61 Tax Law Review 53 (Fall 2007) |
A major goal of some tax reform proponents is the elimination of the return filing requirement for many or all Americans. 100 Million Unnecessary Returns is the title of an article in which Michael Graetz proposes replacing the current income tax with a value added tax (VAT) and a residual income tax imposed only on taxpayers with incomes over... |
2007 |
| Dariely Rodriguez |
LEFT BEHIND: THE IMPACT OF THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005 ON ECONOMIC, SOCIAL, AND RACIAL JUSTICE |
18 Berkeley La Raza Law Journal 65 (2007) |
On April 20, 2005, President George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) into law. BAPCPA is the biggest overhaul to the bankruptcy code in more than twenty-five years. The Act makes it harder for individuals to discharge all of their debt under Chapter 7 by increasing the cost of bankruptcy,... |
2007 |