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The Right to Travel: Breaking Down the Thousand Petty Fortresses of State Self-Deportation Laws
Get PDFPart I of this Article discusses the limitation of the pre-emption doctrine on state self-deportation laws. Part II discusses a short history of the Supreme Court’s application of the right to travel. Part III explains why the lack of federal authorization or immigrant status does not exclude people from the right to travel’s protection. Part IV discusses how the right to travel relates to citizenship and how the undocumented may exercise what has been described as a privilege or immunity of citizenship. Finally, Part V examines how the current state-based “self-deportation” immigration laws violate the right to travel
Recognizing Education Rights in India and the United States: All Roads Lead to the Courts?
Get PDFThe approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the right to education in international law. Section III examines constitutionalism and the right to education. Section IV reviews the right to education in America. Section V examines the right to education in India
Taxpayers’ Lack of Standing in International Tax Dispute Resolutions: An Analysis Based on the Hybrid Norms of International Taxation
Get PDFThis paper examines whether a taxpayer should have “standing” in international dispute resolutions. To answer this question the primary task is to identify the nature of international taxation. In other words, this paper discusses how to classify the field of international taxation. Is it part of public international law, private international law (i.e., conflict of laws), national (domestic) law, or is it a hybrid field that requires specific attention? Making this distinction is vital for resolving disputes when a taxpayer is taxed twice for cross-border transactions in cases where the double tax convention is unclear and both contracting states claim full or partial tax on accrued income.
In 1924, the Permanent Court of International Justice defined dispute as “disagreement on a point of law or fact, a conflict of legal views or of interests between two persons.” In the case brought before the Court in 1924, it determined that the dispute started between an individual and a state, but then the individual’s government “took up the case. The dispute then entered upon a new phase; it entered the domain of international law, and became a dispute between two States.” If we analogize that case to a tax case derived by a cross-border transaction, there is no doubt that we have a dispute — a dispute on tax liability. But there are still two lingering doubts. First, is it an international dispute? And second, who are the parties to it? If one examines the current mechanisms available in the OECD Model Tax Convention for resolving double taxation disputes, one realizes that the taxpayer’s standing is somewhat ambiguous. In order to clarify this ambiguity we need to address the question of categorizing the conflict as a national or international one.
The question at stake is whether a taxpayer should be a party to the dispute resolution process. In this paper, the cases cited are limited to where double tax treaties apply. I reserve the cases where they are inapplicable to further discussion.
Part I highlights the tax complexity arising from cross-border transactions. Since the article focuses on OECD Model dispute resolution mechanisms, Part II briefly introduces the model’s history and its official aims. Part III discusses the available dispute resolution mechanism in the OECD Model — the Mutual Agreement Process (MAP) and Arbitration. Part IV reviews the hybrid elements of international taxation. This paper suggests that international taxation has both national and international characteristics. This hybrid nature is the basis of the discussion in Part V: after identifying the parties to the international tax dispute, this paper suggests two solutions to the research question — the apparent and normative solutions. In the former, a taxpayer should have standing in the international dispute, though recall that this solution is not based on normative grounds. The normative rationale introduces the equity principle whereby taxpayers should have no official role in resolving the dispute. Finally, this paper offers a brief recommendation in Part VI
To Yoder or Not to Yoder? How the Spending Clause Holding in National Federation of Independent Business v. Sebelius Can Be Used to Challenge the No Child Left Behind Act
Get PDFStates such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be coercive.
Part II of this Article discusses the history of the coercion theory as a theoretical limitation on Congress’s spending power. This Article will focus on the reluctance and difficulty past courts have expressed in formulating a workable limit based on an argument that states are unconstitutionally coerced into accepting federal spending legislation. Part III briefly examines the Affordable Care Act in order to contextualize the Court’s ruling in Sebelius. Part IV discusses the Sebelius decision, focusing on the opinions of Chief Justice Roberts and the joint dissent authored by Justice Scalia. Part V provides a brief introduction and background of the No Child Left Behind Act. Part VI makes the case that NCLB is unconstitutionally coercive based on the decision in Sebelius
Social Entrepreneurship in The United States: Impact and Resilience in Crisis
No full textThe ‘third sector’ in the United States is unique, including numerous types of organizations ranging from social enterprises, charities, and nonprofits. The history and evolution of the term social entrepreneurship has of course influence the types of enterprises included under this umbrella. In this chapter, we explore the role of social entrepreneurship in the U.S., its related impacts, both social and economic, and gauge its role in U.S. society and as a job creator. Finally, we examine the resiliency associated with the nonprofit sector and its hybrid organizations with close focus on their performance during the Great Recession, a period of time that saw growth in these organizations whilst the for-profit sector suffered
A Thematic Analysis of the Last Five Decades of Young Adult Literature and Censorship’s Role in its Progression.
No full textThe Relationship of Organizational Improvisation to Market Orientation
No full textAs economic and business conditions become more complex, pressures on managers to develop and sustain market orientation are increasing. In response to these conditions, previous research into organizational improvisation has been demonstrated to produce positive outcomes and has been linked in theory to antecedents of market orientation. This study organizes the theoretical connections between organizational improvisation and market orientation and provides the first quantitative measurement of a proposed relationship between these two constructs. Using two established instruments (MKTOR and a scale to measure organizational improvisation) survey data was obtained from 234 top managers and the extent of relationship between organizational improvisation and market orientation was quantified. Results indicate a positive relationship between organizational improvisation and market orientation both in proactive and reactive forms of improvisation. No moderating effect in this relationship was found in evaluating six demographic variables including company revenue, experience of the managers and job title. Implications of this study are that organizational improvisation may be a meaningful antecedent to market orientation and managers that wish to enhance market orientation may do well by implementation and encouragement of organizational improvisation. In addition, the relationship between organizational improvisation and market orientation is evenly distributed regardless of size of company, experience of managers or position within the firm