Posts tagged with: "scholarship"
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18 Apr 2014, 8:00 am by Dan Ernst
We don’t review books here at Legal History Blog, but we also don’t complain when publishers send us review copies.  This week we received Birdmen: The Wright Brothers, Glenn Curtiss, and the Battle to Control the Skies, by Lawrence Goldstone, an epic account of patent litigation enlivened by the romance of invention and flight, published by a subsidiary of Random House.  Although I only dipped into it before passing it along to our patent maven here at Georgetown Law,… [read post]
18 Apr 2014, 6:51 am by Matthew L.M. Fletcher
Anna O’Brien has published Misadventures in Indian Law: The Supreme Court’s Patchak Decision in the University of Colorado Law Review Here is the abstract: Ever since European colonization of the Americas began in the fifteenth century, there has been friction between the new arrivals and the native inhabitants. The United States has dealt with its “Indian problem” through assimilation, reservations, and eventually, self-determination for Indian tribes. But Indian tribes have… [read post]
18 Apr 2014, 6:39 am by
Alessandro Chechi (Univ. of Geneva - Art-Law Centre) has published The Settlement of International Cultural Heritage Disputes (Oxford Univ. Press 2014). Here's the abstract:The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute… [read post]
18 Apr 2014, 6:30 am by Dan Ernst
Talbot Publishing has announced the publication of The Origins of Western Law from Athens to the Code Napoleon by John E. Ecklund (1916-2000).  It was edited by his wife, Constance Cryer Ecklund. John E. EcklundThe press describes Ecklund as "a lifelong student of legal history.”  He graduated from Yale Law School in 1941, after serving as case editor of the Yale Law Journal and graduating cum laude.  He joined the legal division of the Board of Economic Warfare, where Willard… [read post]
18 Apr 2014, 3:13 am by
Ruti G. Teitel (New York Law School) has published Globalizing Transitional Justice: Contemporary Essays (Oxford Univ. Press 2014). Here's the abstract:Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts… [read post]
18 Apr 2014, 12:48 am by Paul Caron
Maciej H. Kotowski (Harvard), David A. Weisbach (Chicago) & Richard J. Zeckhauser (Harvard), Audits as Signals, 81 U. Chi. L. Rev. 179 (2014): A broad array of law enforcement strategies, from income tax to bank regulation, involve self-reporting by regulated agents and auditing of some fraction of the reports by... [read post]
17 Apr 2014, 9:30 pm by Karen Tani
New from Palgrave Macmillan: Pathways to the Supreme Court: From the Arena to the Monastery (Dec. 2013), by Garrison Nelson (University of Vermont). From the Press:As the arbiter of the Constitution, it is presumed that the US Supreme Court decrees "the law of the land" in a fair-minded and even-handed manner. Key decisions in the Court's history have challenged these assumptions, giving way to a greater discussion about how judges are chosen, and the ideological roots from which they rule. This… [read post]
17 Apr 2014, 9:15 pm by
Duncan B. Hollis (Temple Univ. - Law) has posted Re-Thinking the Boundaries of Law in Cyberspace: A Duty to Hack? (in Cyberwar: Law & Ethics for Virtual Conflicts, J. Ohlin et al. eds., forthcoming). Here's the abstract:Warfare and boundaries have a symbiotic relationship. Whether as its cause or effect, States historically used war to delineate the borders that divided them. Laws and borders have a similar relationship. Sometimes laws are the product of borders as when national boundaries… [read post]
17 Apr 2014, 2:02 pm by Tracy Thomas
Matthew David Burris (US Airforce), Thinking Slow About Sexual Assault in the Military, 22 Buff. J. Gender, L., & Soc. Pol’y (forthcoming) Michael Higdon (Tennessee), Marginalized Fathers and Demonized Mothers: A Feminist Look at the Reproductive Freedom of Unmarried Men,...<img src="" height="1" width="1"/> [read post]
17 Apr 2014, 1:00 pm by Paul Caron
David Gamage (UC-Berkeley) presents A Framework for Analyzing the Optimal Choice of Tax Instruments, 68 Tax L. Rev. ___ (2014), at Indiana-Bloomington today as part of its Tax Policy Colloquium Series hosted by Leandra Lederman: What mix of policy instruments should governments employ to raise revenues or to promote distribution?... [read post]
17 Apr 2014, 12:05 pm by Paul Caron
Victor Fleischer (San Diego) presents The Inferiority of Pigouvian Taxes at the University of Washington today as part of its Graduate Tax Program Colloquium Series: Pigouvian (or "corrective") taxes have become the favored policy instrument to address activities that cause negative externalities. There is considerable academic support for Pigouvian taxes... [read post]
17 Apr 2014, 11:49 am by Joe Tort
The Stanford Journal of Complex Litigation is hosting a symposium, "A Complicated Cleanup: The BP Oil Spill Litigation," on Thursday, May 8, 2014 and Friday, May 9, 2014, at Stanford Law School. The keynote address speaker is Kenneth Feinberg, the... [read post]
17 Apr 2014, 11:22 am by
Laurie R. Blank (Emory Univ. - Law) has posted Targeted Killing (in Ashgate Research Companion to Military Ethics, forthcoming). Here's the abstract:Targeted killing has become a frequently used and highly controversial tool of operational counterterrorism. This chapter analyzes the international law applicable to targeted killing, both during armed conflict and as a tool of offensive counterterrorism outside of armed conflict. In particular, this discussion highlights key legal and policy debates… [read post]
17 Apr 2014, 11:00 am by Paul Caron
Eric Solomon (Director of National Tax Practice, Ernst & Young, Washington, D.C.) presents The Process for Making Tax Policy in the United States: A System Full of Friction, 67 Tax Law. ___ (2014), at Temple today as part of its Tax Policy & Administration Colloquium Series hosted by Alice Abreu... [read post]
17 Apr 2014, 10:30 am by Paul Caron
Mark Mazur (Assistant Secretary for Tax Policy, U.S. Treasury Department) presents Tax Policy and the Economy at Florida today as the Fourth Annual Ellen Bellet Gelberg Tax Policy Lecture in the Graduate Tax Program. Prior lectures: Jane Gravelle (Senior Specialist, Congressional Research Service), The Corporate Income Tax—A Persistent Policy Callenge... [read post]
17 Apr 2014, 8:32 am by Dru Stevenson
Professor Joan E. Steinman has an interesting new article posted on SSRN that discusses an important circuit split: The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? Here is the abstract: An important aspect of summary judgment law is now in great disorder. The intermediate federal courts of appeals are split both internally and among themselves on the circumstances, if any, under which denials of summary judgment should be appealable after trial... [read post]
17 Apr 2014, 4:00 am by Paul Caron
Calvin H. Johnson (Texas), First Do No Harm: The Senate Staff Discussion Draft on Cost Recovery, 142 Tax Notes 549 (Feb. 3, 2014) John Thomas Plecnik (Cleveland State), Reckless Means Reckless: Understanding the EITC Ban, 142 Tax Notes 847 (Feb. 24, 2014) Kerry A. Ryan (Saint Louis), Tax Court Sends... [read post]
17 Apr 2014, 3:00 am by Paul Caron
Nicholas A. Mirkay III (Creighton), Equality or Dysfunction? State Tax Law in a Post-Windsor World, 47 Creighton L. Rev. ___ (2014): Depending on one’s religious and political proclivities, the United States Supreme Court’s decision in United States v. Windsor can either been seen as a progressive step towards equality or... [read post]
17 Apr 2014, 2:00 am by Paul Caron
The Wealth Strategies Journal has published a new issue with these tax-related articles: Tax Court Hammers Couple DESPITE Explicit IRS Rollover Guidance Allowing Transaction Do You Have a Computer Digital Account Plan? Exploiting DSUE Portability [read post]
17 Apr 2014, 1:14 am by Paul Caron
Peter Prescott (Butler University, College of Business), Taxing Luck, 83 Miss. L.J. 117 (2014): Luck, income, wealth, and taxation have always been, and still are, inexorably intertwined. The connection between the latter three is obvious and driven by practical necessity—one cannot collect a tax from someone who has nothing to... [read post]