Archive for the 'Volume 88-3' Category
To combat corruption and increase the effectiveness of foreign aid, the United States should require that all of its foreign aid distributions, reconstruction projects, and payments for services abroad go through banking channels—that is, the U.S. government should strive to eliminate cash transactions whenever possible. In U.S. operations in many parts of the developing world, [...]
Categories: Commentaries In Print, In Print, Volume 88, Volume 88-3 | Posted: March 20, 2011
Global climate change is a major threat facing our country and the world. The consequences of climate change are likely to be significant and far reaching, including increasing droughts, sea-level rises and flooding in coastal areas, potentially adverse effects on agriculture, and negative effects to human health. Further, there is a general consensus in the [...]
Categories: In Print, Notes, Volume 88, Volume 88-3 | Posted: February 21, 2011
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic deprivation, in 200 years of expounding the Supreme Court has never recognized socioeconomic rights as constitutional rights. Theories abound for this continued quiescence. Accepted reasons include lack of explicit textual support, [...]
Categories: In Print, Notes, Volume 88, Volume 88-3 | Posted: February 21, 2011
In an income tax system that comported with the economic, or Haig-Simons, definition of income, deductible expenses would not face source-based limitations. A true Haig-Simons income tax system therefore would not take the schedular approach of sorting different types of expenses and losses into distinct conceptual “baskets” containing corresponding types of income. Practical realities often [...]
Categories: Articles, In Print, Volume 88, Volume 88-3 | Posted: February 21, 2011
As explained in a companion piece, there is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they believe will best “punish” the defendant. But, in fact, business defendants are not always punished to the degree that the jury intends. This is because jurors do not take [...]
Categories: Articles, In Print, Volume 88, Volume 88-3 | Posted: February 21, 2011