| Author | Title | Citation | Summary | Year |
| Christian Ketter |
A SECOND AMENDMENT IN JEOPARDY OF ARTICLE V REPEAL, AND "AMFIT," A LEGISLATIVE PROPOSAL ENSURING THE 2ND AMENDMENT INTO THE 22ND CENTURY: AFFORDABLE MANDATORY FIREARMS INSURANCE AND TAX (AMFIT), A SOLUTION TO MAINTAINING THE RIGHT TO BEAR ARMS AND PROMOTI |
64 Wayne Law Review 431 (Winter, 2019) |
I. Assessing the Problems: Mass Shootings, Accidental Child Deaths, and the Black Market For Firearms. 434 A. Assessing Second Amendment Risks. 437 1. Article V: Repeal of the Second Amendment. 437 2. Weapons' Bans. 440 3. The Status Quo. 441 B. The Solution: AMFIT. 442 1. How Will AMFIT Function?. 447 2. AMFIT and Mental Health. 456 3. AMFIT and... |
2019 |
| Michelle D. Layser |
A TYPOLOGY OF PLACE-BASED INVESTMENT TAX INCENTIVES |
25 Washington and Lee Journal of Civil Rights and Social Justice 403 (Spring, 2019) |
C1-2Table of Contents I. Introduction. 404 II. The Typology. 411 A. The First Dimension: Direct vs. Indirect Tax Subsidies. 412 1. Direct Tax Subsidies. 415 2. Indirect Tax Subsidies. 417 a. Tax Equity Model. 420 b. Fund Model. 427 B. The Second Dimension: Space versus Community. 430 1. Spatially-Oriented Tax Incentives. 433 2. Community-Oriented... |
2019 |
| Shay Moyal |
BACK TO BASICS: RETHINKING NORMATIVE PRINCIPLES IN INTERNATIONAL TAX |
73 Tax Lawyer 165 (Fall, 2019) |
International Tax is a relatively new legal system that lacks clear objectives and principles. These principles, which guide unilateral legislation and multilateral coordination, have not been discussed thoroughly through the lens of jurisprudence and legal philosophy. This Article offers a unique jurisprudential analysis of these normative... |
2019 |
| Joshua Macey, Jackson Salovaara |
BANKRUPTCY AS BAILOUT: COAL COMPANY INSOLVENCY AND THE EROSION OF FEDERAL LAW |
71 Stanford Law Review 879 (April, 2019) |
Almost half of all the coal produced in the United States is mined by companies that have recently gone bankrupt. This Article explains how those bankruptcy proceedings have undermined federal environmental and labor laws. In particular, coal companies have used the Bankruptcy Code to evade congressionally imposed liabilities requiring... |
2019 |
| Jane Kim |
BLACK REPARATIONS FOR TWENTIETH CENTURY FEDERAL HOUSING DISCRIMINATION: THE CONSTRUCTION OF WHITE WEALTH AND THE EFFECTS OF DENIED BLACK HOMEOWNERSHIP |
29 Boston University Public Interest Law Journal 135 (Winter 2019) |
Introduction. 135 I. Twentieth Century Federal Housing Discrimination in America: The Government's Construction of White Property and White Wealth. 138 A. The Federal Construction of Neighborhood and Property Ratings: Racist Redlining is Born. 140 B. Racial Exclusion from Government-Subsidized and Government-Insured Loans, Investment, and... |
2019 |
| Eric C. Chaffee |
COLLABORATION THEORY AND CORPORATE TAX AVOIDANCE |
76 Washington and Lee Law Review 93 (Winter, 2019) |
C1-3Table of Contents I. Introduction. 94 II. Understanding Tax Avoidance. 104 A. Defining Tax Avoidance. 104 B. The Benefits and Harms of Tax Avoidance. 106 III. Corporate Fiduciary Duties and the Requirement to Engage in Tax Avoidance (or Lack Thereof). 109 A. The Dodge Mandate. 111 B. The Fiduciary Duties Management Owes to the Corporation and... |
2019 |
| Shu-Yi Oei , Leigh Z. Osofsky |
CONSTITUENCIES AND CONTROL IN STATUTORY DRAFTING: INTERVIEWS WITH GOVERNMENT TAX COUNSELS |
104 Iowa Law Review 1291 (March, 2019) |
Tax statutes have long been derided as convoluted and unreadable. But there is little existing research about drafting practices that helps us contextualize such critiques. In this Article, we conduct the first in-depth empirical examination of how tax law drafting and formulation decisions are made. We report findings from interviews... |
2019 |
| Victoria J. Haneman |
CONTEMPLATING HOMEOWNERSHIP TAX SUBSIDIES AND STRUCTURAL RACISM |
54 Wake Forest Law Review 363 (Spring, 2019) |
An insidious form of racism is facilitated by those who are heedless of structural inequities--or in this instance, the fact that legal structures have been developed to protect the experiences of those who are white, with an underlying obliviousness to the fact that persons of color may have a different experience. Almost 80% of the United States'... |
2019 |
| Danaya C. Wright |
DISRUPTING THE WEALTH GAP CYCLES: AN EMPIRICAL STUDY OF TESTACY AND WEALTH |
2019 Wisconsin Law Review 295 (2019) |
Introduction. 295 I. Effect of Succession Law on Wealth Accumulation. 298 II. The Widening Wealth Gaps and the Importance of Intergenerational Transmission of Property. 301 III. Alachua County Probate Records and Wealth. 304 IV. Findings: Intestacy Correlates Across All Demographic Categories to Less Wealth. 308 A. Age. 308 B. Race. 311 C. Sex. 315... |
2019 |
| Lauren Rogal |
EXECUTIVE COMPENSATION IN THE CHARITABLE SECTOR: BEYOND THE TAX CUTS AND JOBS ACT |
50 Seton Hall Law Review 449 (2019) |
This Article examines charity executive compensation in light of the reforms enacted by the Tax Cuts and Jobs Act of 2017. Charities receive preferential tax treatment under Section 501(c)(3) of the Internal Revenue Code because they provide humanitarian, educational, and other services that benefit the public. The payment of excessive compensation... |
2019 |
| Alice G. Abreu |
FEMINIST TAX JUDGMENTS: OPERATIONALIZING DIVERSITY |
16 Pittsburgh Tax Review 189 (Spring, 2019) |
In Feminist Judgments: Rewritten Tax Opinions, Bridget Crawford and Tony Infanti reveal the power of feminist theory to offer new insights on a broad range of tax cases. The collection of essays contained in the book operationalizes diversity and inclusion by showing how tax law is imbued with social values in both its statutory and judicial... |
2019 |
| Alli Sutherland |
GHOSTING IN TAX LAW: SUNSET PROVISIONS AND THEIR UNFAITHFULNESS |
46 Hastings Constitutional Law Quarterly 479 (Winter, 2019) |
Sunset provisions, a special type of legislation with a built-in expiration date, were once heralded as a cure to the ills of inefficient government, a legislative device capable of eliminating obsolete and antiquated statutes, and of keeping stodgy regulatory bureaucracies efficient and effective. However, what was once a weapon for good... |
2019 |
| The Rev. Benjamin P. Campbell |
HOUSING SUPPLY AND THE COMMON WEALTH |
53 University of Richmond Law Review 1031 (March, 2019) |
It's a powerful thing to mark the fiftieth anniversary of the Fair Housing Act of 1968, something that actually happened and has actually had an effect. I grew up in segregated Virginia, so I have a pretty powerful sense of the passage of time here. It's given us the opportunity today to review and mark human progress, to take stock of where we are... |
2019 |
| Javon T. Henry |
LOW INCOME HOUSING TAX CREDITS AND THE DANGERS OF PRIVATIZATION |
16 Pittsburgh Tax Review 247 (Spring, 2019) |
Current federal affordable housing policy is ineffective because it is being used as a business platform to attract economic development instead of improving the quality of affordable housing. The low-income housing tax credit program (LIHTC or the Credit) is the largest national low-income affordable housing program. The federal government enacted... |
2019 |
| Orli Oren-Kolbinger |
MEASURING THE EFFECT OF SOCIAL BACKGROUND ON JUDICIAL DECISION-MAKING IN TAX CASES |
22 Florida Tax Review 579 (2019) |
Judicial decision-making is an important part of the law-making process. The positive research of judicial decision-making is expanding, and its normative significance is undeniable. Even so, judicial decision-making in tax cases has not yet received much empirical attention. This study contributes to the existing literature, empirically evaluating... |
2019 |
| Hon. Terrence L. Michael, Hon. Nancy V. Alquist, Hon. Daniel P. Collins, Hon. Dennis R. Dow, Hon. Joan N. Feeney, Hon. Frank J. Santoro, Hon. Mary F. Walrath, (Chair), United States Bankruptcy Court for the Northern District of Oklahoma, United States Ban |
NCBJ SPECIAL COMMITTEE ON VENUE: REPORT ON PROPOSAL FOR REVISION OF THE VENUE STATUTE IN COMMERCIAL BANKRUPTCY CASES |
93 American Bankruptcy Law Journal 741 (Winter 2019) |
This Article is Reprinted with the Special Permission of the National Conference of Bankruptcy Judges in an Unedited Form January 7, 2019 I. INTRODUCTION. 743 II. STATEMENT OF THE ISSUE. 744 III. THE HISTORY OF BANKRUPTCY VENUE STATUTES AND A SUMMARY OF CASE LAW. 745 A. History. 745 B. Case Law. 748 1. Corporations. 749 a. Principal Place of... |
2019 |
| John B. Parker |
PAVING A PATH BETWEEN THE CAMPUS AND THE CHAPEL: A REVISED SECTION 501(C)(3) STANDARD FOR DETERMINING TAX EXEMPTIONS |
69 Emory Law Journal 321 (2019) |
Section 501(c)(3) of the Internal Revenue Code grants an exemption from federal income taxes to organizations that are formed for religious purposes. While religious tax exemptions are a deep-rooted principle long embodied in U.S. tax law, issues can arise when a tax-exempt institution engages in discrimination which conflicts with national public... |
2019 |
| Kathleen G. Noonan, Jonathan C. Lipson, William H. Simon |
REFORMING INSTITUTIONS: THE JUDICIAL FUNCTION IN BANKRUPTCY AND PUBLIC LAW LITIGATION |
94 Indiana Law Journal 545 (Spring, 2019) |
Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics... |
2019 |
| Jon Huske Davies |
SCHOOL CHOICES IN THE SUNFLOWER STATE: THE KANSAS TAX CREDIT SCHOLARSHIP FOR LOW-INCOME STUDENTS PROGRAM |
28-SPG Kansas Journal of Law & Public Policy 197 (Spring, 2019) |
In many of the nation's--and Kansas'--metropolitan areas, schools are unequal in terms of resources and student outcomes. Throughout the country's metropolitan areas, including those in Kansas City, Topeka, and Wichita, suburban school districts tend to be better resourced and student success rates excel compared to urban school districts. These... |
2019 |
| Mohamed Akram Faizer |
SEVEN STEPS TO TRULY REFORM THE TAX CODE AND ENGENDER SOCIO-ECONOMIC MOBILITY |
82 Albany Law Review 601 (2018-2019) |
The election of President Trump was a backlash against the socio-economic immobility felt by the vast majority of Americans that a true tax reform would have addressed. His recently enacted tax reform, the Tax Cuts and Jobs Act of 2017, was described by conservatives as a needed tax reform that will spur economic growth. The problem for the U.S.... |
2019 |
| Jeremy Bearer-Friend |
SHOULD THE IRS KNOW YOUR RACE? THE CHALLENGE OF COLORBLIND TAX DATA |
73 Tax Law Review 1 (Fall, 2019) |
In 2003, conservative activists successfully placed Proposition 54, also known as the Racial Privacy Initiative, on the statewide ballot in California. This constitutional amendment would have prohibited state and local government from asking Californians to report their race or ethnicity on government forms. The American Civil Liberties Union... |
2019 |
| Mary Beth Ausbrooks , Samuel R. Henninger |
STUDENT LOANS AND BANKRUPTCY |
55-AUG Tennessee Bar Journal 17 (August, 2019) |
Student loans weigh heavy on many. Borrowers owe nearly $30,000 on average, and Americans collectively owe $1.5 trillion in student loan debt. For some borrowers, bankruptcy may offer relief. But for most in Tennessee, bankruptcy is currently not a viable option to help borrowers rid themselves of burdensome student loan debt. The most common... |
2019 |
| Bridget J. Crawford |
TAX TALK AND REPRODUCTIVE TECHNOLOGY |
99 Boston University Law Review 1757 (September, 2019) |
The tax system both reacts to and helps create attitudes about the value of certain behaviors and choices. This Article makes three principal claims--one empirical, one normative, and one interpretative. The Article demonstrates through data that a representative sample of fertility clinics in the United States does not make information about the... |
2019 |
| Alice G. Abreu, Richard K. Greenstein |
TAX: DIFFERENT, NOT EXCEPTIONAL |
71 Administrative Law Review 663 (Fall, 2019) |
Tax law is law unto itself. Tax is different from other fields of law, just as any field of law is different from others. But tax scholarship, judicial opinions in tax litigation, and public attitudes toward taxation have long claimed more than difference in doctrinal details. They have claimed that tax is different in kind from other fields of... |
2019 |
| Wolfgang Schön |
TAXATION AND DEMOCRACY |
72 Tax Law Review 235 (Spring, 2019) |
This Article is meant to be a contribution to comparative constitutional law and policy in the area of taxation. It is devoted to the relationship between taxation and democratic decision-making. The starting point is the assumption that the democratic process--in particular the general franchise and the leading role of parliaments and similar... |
2019 |
| Orly Mazur |
TAXING THE ROBOTS |
46 Pepperdine Law Review 277 (February, 2019) |
Robots and other artificial intelligence-based technologies are increasingly outperforming humans in jobs previously thought safe from automation. This has led to growing concerns about the future of jobs, wages, economic equality, and government revenues. To address these issues, there have been multiple calls around the world to tax the robots.... |
2019 |
| Andres E. Bazó |
TAXPAYERS' RIGHTS: COMPARATIVE ANALYSIS OF THE UNITED STATES OF AMERICA AND THE LATIN AMERICAN INSTITUTE OF TAX LAW (ILADT) |
22 Florida Tax Review 1034 (Summer, 2019) |
This Article addresses the challenges, trends, and evolution of Taxpayers' Rights both in the Unites States and in Latin America, particularly by comparing the U.S. Taxpayers' Bill of Rights and the recently adopted Taxpayers' Rights Letter from the Latin American Institute of Tax Law (ILADT). Furthermore, although in Latin American this is a... |
2019 |
| John Patrick Hunt |
TEMPERING BANKRUPTCY NONDISCHARGEABILITY TO PROMOTE THE PURPOSES OF STUDENT LOANS |
72 SMU Law Review 725 (Fall, 2019) |
Student loans, unlike other debts, are not dischargeable in bankruptcy unless the debtor starts a special proceeding and proves that repayment would cause undue hardship. This requirement probably accounts for the fact that only a tiny fraction of bankrupt debtors succeed in discharging their student loans. This article is the first to make the... |
2019 |
| Anthony C. Infanti, Bridget J. Crawford |
THE CRITICAL TAX PROJECT, FEMINIST THEORY, AND REWRITING JUDICIAL OPINIONS |
16 Pittsburgh Tax Review 115 (Spring, 2019) |
In most social settings, disclosing that one is a tax professor usually stops conversation--and not in a good way. People tend to smile politely; they might inquire about a recent change to the tax law, complain that tax day is approaching, or ask for some free tax advice. Then the conversation topic tends to switch relatively quickly. This is... |
2019 |
| Daniel Hemel |
THE DEATH AND LIFE OF THE STATE AND LOCAL TAX DEDUCTION |
72 Tax Law Review 151 (Spring, 2019) |
More than a century and a half after its birth, the federal income tax deduction for nonbusiness state and local taxes has shrunk to a shadow of its former self. While a series of legislative enactments over the past several decades had already chipped away at the deduction's scope, the 2017 Act struck the biggest blow to the deduction yet. For the... |
2019 |
| David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Avi-Yonah, Lily Batchelder, J. Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan |
THE GAMES THEY WILL PLAY: TAX GAMES, ROADBLOCKS, AND GLITCHES UNDER THE 2017 TAX LEGISLATION |
103 Minnesota Law Review 1439 (February, 2019) |
Introduction. 1441 I. Using Corporations as Tax Shelters. 1445 A. The Two-Step Game for Sheltering Income Through a Corporation. 1446 1. Why the Two-Steps: A Game of Rates. 1447 2. How to Defer or Eliminate the Second Individual Layer of Tax. 1448 3. Current Anti-Abuse Rules Are Insufficient. 1450 B. Examples of Tax Gaming Using Corporations. 1450... |
2019 |
| Vincent S.J. Buccola |
THE LOGIC AND LIMITS OF MUNICIPAL BANKRUPTCY LAW |
86 University of Chicago Law Review 817 (June, 2019) |
Municipal bankruptcy's recent prominence has stimulated academic interest in the workings of Chapter 9, much of it critical, but no general framework has been developed against which scholars and policymakers can evaluate the law's performance. This Article offers a normative, economic account of municipal bankruptcy and uses that account to assess... |
2019 |
| Stuart Ford |
THE NEED FOR A WEALTH INEQUALITY AMENDMENT |
122 West Virginia Law Review 1 (Fall, 2019) |
Ultimately, constitutional law is about the meaning of a just society and how best to achieve it. I. Introduction. 2 II. Defining Inequality. 5 III. The Consequences of High Levels of Inequality. 8 A. The Effect of Inequality on Society. 9 B. The Effect of Inequality on Democracy. 11 C. The Effect of Inequality on the Economy. 15 D. The Effect of... |
2019 |
| Michelle D. Layser |
THE PRO-GENTRIFICATION ORIGINS OF PLACE-BASED INVESTMENT TAX INCENTIVES AND A PATH TOWARD COMMUNITY ORIENTED REFORM |
2019 Wisconsin Law Review 745 (2019) |
Place-based investment tax incentives, which encourage taxpayers to invest in poor areas, constitute a particularly controversial, yet undertheorized, category of tax laws. The central problem presented by current place-based investment tax incentives is a contradiction between rhetoric and reality. They are presented as laws that benefit... |
2019 |
| Bridget J. Crawford , Emily Gold Waldman |
THE UNCONSTITUTIONAL TAMPON TAX |
53 University of Richmond Law Review 439 (January, 2019) |
Thirty-five states impose a sales tax on menstrual hygiene products, while products like spermicidal condoms and erectile dysfunction medications are tax-free. This sales tax--commonly called the tampon tax--represents an expense that girls and women must bear on top of the cost of biologically necessary items that they need in order to attend... |
2019 |
| Kathryn Kisska-Schulze |
THIS IS OUR HOUSE! - THE TAX MAN COMES TO COLLEGE SPORTS |
29 Marquette Sports Law Review 347 (Spring, 2019) |
On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (TCJA). The TCJA marks the most comprehensive revolution to the U.S. Tax Code since Congress passed the Tax Reform Act of 1986. As taxpayers begin to calculate the impact of the TCJA on their forthcoming Individual Income Tax Returns, businesses, employers, and higher... |
2019 |
| Brian D. Johnson |
TRIALS AND TRIBULATIONS: THE TRIAL TAX AND THE PROCESS OF PUNISHMENT |
48 Crime and Justice 313 (2019) |
The jury trial has long been a keystone of the American criminal justice system. Few defendants exercise their right to trial, however, and those who do tend to receive significantly harsher punishments if convicted. This phenomenon, known as a trial tax or, conversely, as a guilty plea discount, is one of the most profound and consistent findings... |
2019 |
| Beth A. Colgan |
WEALTH-BASED PENAL DISENFRANCHISEMENT |
72 Vanderbilt Law Review 55 (January, 2019) |
This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions--fines, fees, surcharges, and restitution--may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to... |
2019 |
| Alon Faiman |
"NO ONE LIKES A TATTLE TALE," OR DO THEY? WHY THE IMPLEMENTATION OF A BROAD DEFINITION OF "COLLECTED PROCEEDS" UNDER THE TAX WHISTLEBLOWER PROGRAM IS A MAJOR WIN FOR WHISTLEBLOWERS AND TAXPAYERS |
12 Charleston Law Review 173 (Spring, 2018) |
INTRODUCTION. 174 I. BACKGROUND--WHISTLEBLOWING IN THE UNITED STATES. 177 A. The FCA. 181 1. The Framework of the FCA. 182 2. The Results Under the FCA Since 1986. 183 B. The Dodd-Frank Act. 183 1. The Framework of the Dodd-Frank Act. 184 2. The Results of the Dodd-Frank Act Since Enactment. 184 II. THE TAX WHISTLEBLOWER PROGRAM. 185 A. The... |
2018 |
| Bernadette Atuahene |
"OUR TAXES ARE TOO DAMN HIGH": INSTITUTIONAL RACISM, PROPERTY TAX ASSESSMENTS, AND THE FAIR HOUSING ACT |
112 Northwestern University Law Review 1501 (2018) |
To prevent inflated property tax bills, the Michigan Constitution prohibits property tax assessments from exceeding 50% of a property's market value. Between 2009 and 2015, the City of Detroit assessed 55%-85% of its residential properties in violation of the Michigan Constitution, and these unconstitutional assessments have had dire... |
2018 |
| Joseph J. Thorndike , Ajay K. Mehrotra |
"WHO SPEAKS FOR TAX EQUITY AND TAX FAIRNESS?" THE EMERGENCE OF THE ORGANIZED TAX BAR AND THE DILEMMAS OF PROFESSIONAL RESPONSIBILITY |
81 Law and Contemporary Problems 203 (2018) |
In 1961, shortly after assuming his new post as Assistant Secretary of the Treasury for Tax Policy, legal scholar Stanley Surrey issued a challenge to his former colleagues in academia and legal practice. The tax system, he said, was urgently in need of both repair and renovation. Existing faults were obvious and future problems certain. The task... |
2018 |
| Leo P. Martinez |
A CRITIQUE OF CRITICAL TAX POLICY CRITIQUES (OR, YOU'VE GOT TO SPEAK OUT AGAINST THE MADNESS) |
28 Berkeley La Raza Law Journal 49 (2018) |
Critical tax scholarship is not universally embraced. This is a surprising observation given that the premise underlying critical tax scholarship is simple, and--if one aspires to intellectual honesty--should be uncontroversial. The premise is that subpopulations of taxpayers are treated differently. This raises a significant impediment toward... |
2018 |
| Reuven S. Avi-Yonah , Haiyan Xu |
A GLOBAL TREATY OVERRIDE? THE NEW OECD MULTILATERAL TAX INSTRUMENT AND ITS LIMITS |
39 Michigan Journal of International Law 155 (Spring, 2018) |
On June 7, 2017, seventy-six countries met in Paris for the official signing of a new multilateral tax instrument (MLI). The text and commentary of the MLI were published in November 2016 by the Organization for Economic Cooperation and Development (OECD). The OECD stated: The Multilateral Convention to Implement Tax Treaty Related Measures to... |
2018 |
| Pamela Foohey |
ACCESS TO CONSUMER BANKRUPTCY |
34 Emory Bankruptcy Developments Journal 341 (2018) |
Over the past decade, each year, about a million households filed bankruptcy. This figure initially may loom large. But when compared to the one-third of Americans who have fallen behind on debt payments, the one in seven Americans who face debt collection calls every year, and the hundreds of millions of Americans burdened with debt, the figure... |
2018 |
| Felix B. Chang |
ASYMMETRIES IN THE GENERATION AND TRANSMISSION OF WEALTH |
79 Ohio State Law Journal 73 (2018) |
This Article assigns a redistributive role to the legal rules of trusts and estates. Unlike business law, trusts and estates law has lagged in articulating a comprehensive theory on inequality. Consequently, income inequality is compounded intergenerationally as wealth inequality, with dire consequences for economic productivity and social... |
2018 |
| David A. Skeel, Jr. , George Triantis |
BANKRUPTCY'S UNEASY SHIFT TO A CONTRACT PARADIGM |
166 University of Pennsylvania Law Review 1777 (June, 2018) |
Introduction. 1778 I. The Mandatory (and Permissive) Structure of the Bankruptcy Code. 1783 II. Ex Ante and Ex Post Contracting: Theory and Current Practice. 1789 III. Assessing the New Contract Paradigm in Practice. 1799 A. Chapter 11's Voting and Cramdown Rules. 1799 B. Contracting on Confirmation: Intercreditor and Restructuring Support... |
2018 |
| Sydney Pierce |
CHALLENGING PROPERTY TAX FORECLOSURE POLICIES UNDER THE FAIR HOUSING ACT: LESSONS FROM MORNINGSIDE |
90 Temple Law Review Online 1 (Fall, 2018) |
Since the collapse of the housing market in 2008, there has been enhanced legal scrutiny of mortgage foreclosure practices in the form of federal legislation and hundreds of local and state programs to stem the tide of foreclosures and keep families in their homes. At the same time, property tax foreclosure--which has been called The Other... |
2018 |
| Cameron Rotblat |
CHINESE STATE CAPITALISM AND THE INTERNATIONAL TAX REGIME |
10 Columbia Journal of Tax Law 77 (2018) |
As signaled by its participation in the G-20/OECD Base Erosion and Profit Shifting Project, China is gaining significant influence over international tax rules. Yet, how exactly China intends to shape international tax law remains an open question, even amongst leading Chinese tax scholars. As both a major capital importer and exporter as well as a... |
2018 |
| |
COMMENTS OF BANKRUPTCY SCHOLARS ON EVALUATING HARDSHIP CLAIMS IN BANKRUPTCY |
21 Journal of Consumer & Commercial Law 114 (Spring, 2018) |
The following is a letter signed by more than 40 law professors in response to the Department of Education's Request for Information (RFI) regarding Evaluating Undue Hardship Claims in Adversary Actions Seeking Student Loan Discharge in Bankruptcy Proceedings (Docket No. ED-2017-OPE-0085). The letter was prepared by the following, and signed by... |
2018 |
| Melissa B. Jacoby |
CORPORATE BANKRUPTCY HYBRIDITY |
166 University of Pennsylvania Law Review 1715 (June, 2018) |
Introduction. 1716 I. Private Actors, Public Goals: The Public--Private Partnership. 1719 A. What Is It?. 1719 B. Utility for Corporate Bankruptcy. 1721 C. Contracts and Other Liabilities. 1723 D. Follow the Money. 1726 E. Oversight and Standard-Setting. 1727 F. Implications. 1729 II. Modern Developments that Skew the Partnership. 1730 A. Control... |
2018 |