Browsing HLS Scholarly Articles by Title
Now showing items 649-668 of 1910
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A General Rationale for a Governmental Role in the Relief of Large Risks
(2014)The government often provides relief against large risks, such as disasters. A simple, general rationale for this role of government is considered here that applies even when private contracting to share risks is not subject ... -
The Generative Internet
(Harvard University, Harvard Law School, 2006)The generative capacity for unrelated and unaccredited audiences to build and distribute code and content through the Internet to its tens of millions of attached personal computers has ignited growth and innovation in ... -
Getting From Here to There: The Transition Tax Issue
(Tax Analysts, 2017)If there is fundamental U.S. international income tax reform, regardless of the reform option chosen, the United States must decide how to handle the $2.4 trillion to $2.6 trillion of previously untaxed foreign income ... -
Getting Serious About Cross-Border Earnings Stripping: Establishing an Analytical Framework
(North Carolina Law Review, 2015)The term “corporate inversion” is used to identify several transactional forms by which U.S. resident corporations are converted into foreign corporations or into U.S. subsidiaries of foreign corporations. These transactions ... -
The Ghost of the Declaration Present the Legal Force of the Declaration of the Independence Regarding Acts of Congress
(University of South California Law Center, 2016)I distinguish three ways by which references to the Declaration of Independence might enter into American legal argument. In primary-legal mode, the Declaration ranks as supreme law beside or above the Constitution, setting ... -
Gideon v. Wainwright's Application in the Courts Today
(Pace Law School, 1990) -
A GILTI High-Tax Exclusion Election Would Erode the U.S. Tax Base
(Tax Analysts, 2019-11-18)This article is slightly edited from a public comment letter originally submitted to Treasury and the IRS. The article argues that the proposed elective expansion of a high-tax exclusion from the reach of GILTI is inconsistent ... -
A Global Perspective on Corporate Governance
(Standard & Poor's, 2005) -
Globalization and Federalism in a Post-Printz World
(TU Law Digital Commons, 2000) -
The Goals and Promise of Sarbanes-Oxley
(American Economic Association, 2007)The primary goal of the Sarbanes-Oxley Act was to fix auditing of U.S. public companies, consistent with its full, official name: the Public Company Accounting Reform and Investor Protection Act of 2002. By consensus, ... -
Goals vs. Deadlines : Notes on the VA Disability Claims Backlog
(University of Massachusetts School of Law, 2015)Drawing primarily on policy considerations, social science research, and the relevant statutory and doctrinal frameworks within veterans benefits law, this article argues that Congress should subject the U.S. Department ... -
Good Government, Core Liberties, and Constitutional Property: An Essay for Joe Singer
(William and Mary Law School, 2016)Joseph Singer’s recent writings on regulation and takings turn my mind once again to questions I have broached previously in this Journal about the point of American constitutional protections for property. Immediately, ... -
The Good Occupation? Law in the Allied Occupation of Japan
(2009)They left Japan in shambles. By the time they surrendered in 1945, Japan’s military leaders had slashed industrial production to 1930 levels. Not so with the American occupiers. By the time they left in 1952, they had ... -
Governance of Online Intermediaries: Observations from a Series of National Case Studies
(Berkman Center for Internet & Society, 2015)Online intermediaries in various forms – including search engines, social media, or app platforms – play a constitutive role in today’s digital environment. They have become a new type of powerful institution in the 21st ... -
Governing the Tele-Semicommons
(2005)The Telecommunications Act of J996 divides entitlements to network elements between incumbents and recent entrants. This Article analyzes this mandatory sharing regime as a semicommons, a property regime which combines ... -
Governing Water: The Semicommons of Fluid Property Rights
(2008)This Article applies an information-cost theory of property to water law. Because of its fluidity, exclusion is difficult in the case of water and gives way to rule of proper use, i.e., governance regimes. Looking at water ... -
The Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe
(University of Tulsa College of Law, 2006)Three linked puzzles arise with the constitutionality of public funding private schools - where the funding scheme excludes religious schools: how can the demands of both the Establishment and Free Exercise clause be ... -
Government Control of Information
(California Law Review Inc., 1986) -
Government Policy and Labor Supply with Myopic or Targeted Savings Decisions
(University of Chicago Press, 2015)A central justification for social insurance and for other policies aimed at retirement savings is that individuals may fail to make adequate provision during their working years. Much research has focused on myopia and ...