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\u3ci\u3eBond v. United States\u3c/i\u3e: Can the President Increase Congress\u27s Legislative Power by Entering into a Treaty?
Get PDFThe proposition that treaties can increase the power of Congress is inconsistent with the text of the Treaty Clause, the Necessary and Proper Clause, and the Tenth Amendment. It is inconsistent with the fundamental structural principle that [t]he powers of the legislature are defined, and limited. S It implies, insidiously, that that the President and the Senate can increase their own power by treaty. And it implies, bizarrely, that the President alone--or a foreign government alone--can decrease Congress\u27s power and render federal statutes unconstitutional. Finally, it creates a doubly perverse incentive: an incentive to enter into foreign entanglements simply to increase domestic legislative power
Taxing Capital Income in Emerging Countries: Will FATCA Open the Door?
No full textFor many emerging and developing economies, it is exceedingly difficult to constrain residents from evading tax liability on income from capital, whether earned domestically or abroad. Meanwhile, an international regime for combatting offshore tax evasion is emerging, and the form of the new regime will be established during a narrow window of opportunity over the next few years. If a uniform, multilateral automatic information exchange system is established, it would improve emerging countries’ ability to tax the offshore accounts of their residents and, perhaps more importantly, their capacity to collect information about and tax domestic-source income from capital. However, a fragmented automatic information exchange regime likely would not benefit countries outside the developed economies.
Interestingly, the concerns of emerging and developing economies regarding the contours of the new international regime substantially align with the concerns of multinational financial institutions. As a result, these emerging countries may find that multinational financial institutions can be improbable allies in the battle over taxing offshore accounts. With international financial law as the model, and the G-20 as an agenda setter, a governance structure for a uniform automatic information exchange regime that could be useful to emerging countries’ tax administrations could materialize. The paper explores the requisite governance structure and concludes by describing steps emerging countries may take in bilateral and multilateral settings to help create that structure
Tapped Out: Threats to the Human Right to Water in the Urban United States
Get PDFIn the United States today, the goal of universal water service is slipping out of reach. Water costs are rising across the country, forcing many individuals to forgo running water or sanitation, or to sacrifice other essential human rights. The fixed costs of water systems have increased in recent years, driven in part by underinvestment in infrastructure. In many cities, this has been exacerbated by population shifts and the economic downturn. In this era of increasing costs and limited financial resources, water providers struggle to balance the competing priorities of modernization and universal access. This report, researched and written by students of Georgetown Law’s Human Rights Institute in the winter of 2013, details the causes, effects, and solutions to the affordability crisis affecting water in the urban United States
The Electronic Silk Road: How the Web Binds the World in Commerce
Get PDFOn the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an event in cyberspace occurs at once everywhere and nowhere, what law applies? How can consumers be protected when engaging with companies across the world?
In this accessible book, cyber-law expert Anupam Chander provides the first thorough discussion of the law that relates to global Internet commerce. Addressing up-to-the-minute examples, such as Google’s struggles with China, the Pirate Bay’s skirmishes with Hollywood, and the outsourcing of services to India, the author insightfully analyzes the difficulties of regulating Internet trade. Chander then lays out a framework for future policies, showing how countries can dismantle barriers while still protecting consumer interests
Rethinking Legal Conservatism
Get PDFThis is the time for us to think through whether an entity as august as the Federalist Society should embrace a move toward a constitutional conservatism. It strikes me as dangerous in terms of the underlying issues, but more importantly, as a step away from the fundamental insight that the Federalist Society had, which was that judges should be restrained because they lack the democratic pedigree of the political branches. There should be an impulse of judicial restraint, and, unless something is clearly unconstitutional, courts should not be mucking around with legislation and declaring it unconstitutional, no matter how novel it may be
Continued Oversight of U.S. Government Surveillance Authorities : Hearing Before the S. Committee on the Judiciary, 113th Cong., December 11, 2013 (Statement by Professor Carrie F. Cordero, Geo. U. L. Center)
Get PDFMy views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today
Preserving Privacy in a Digital Age: Lessons of Comparative Constitutionalism
Get PDFIn the modern age, we increasingly live our lives through, and accompanied by, digital media. Virtually every transaction or communication that uses such media, as well as every move of mobile phone owners, is recorded. Computers are able to store, transmit, and analyze the data as never before, drawing on multiple sources to construct an intimate picture of our interests, contacts, travels and desires. Private data-mining services, most often used for commercial advertising purposes, can determine: what we read, listen to, and look at; where we travel to, shop, and dine; and with whom we speak or associate. Meanwhile, social networking sites such as Facebook encourage individuals to broadcast their personal lives to ever-increasing networks of friends . Privacy, many pundits declare, is dead.
The legal consequences of these developments largely remain to be worked out, as technology has advanced much more rapidly than the law. Courts have begun to confront the implications of new technology, as police and prosecutors increasingly rely on such tools to guide their investigations and make their cases. American mobile phone service providers reported that, in 2011 alone, they responded to over 1.3 million requests from law enforcement for mobile phone data, including text messages, location data, and subscriber information. From 2005 to 2010 British public authorities made 2.7 million requests for communications data to private service providers. How should the law adapt to the new reality of this digital age
Platform Selection and Strategic Alignment – Fall 2013 Symposium Presentation
Get PDFWhether providing services or resources, every library is faced with questions of selecting the right resource for the right reason. You need a website, a process for updating content, a way to manage operations, and a system for responding to constant change. Increasingly, new service opportunities are found in cloud and virtual platforms. This presentation looks at opportunities in selecting the right tools for the right job. The presentation will explore some unique aspects of law libraries and legal subject content many libraries rely on, including the strategic value of content from law libraries in metropolitan areas
The Problem of Democracy in Contexts of Polarization
Get PDFIn this paper I argue that contemporary democracies all over the world are more polarized than ever and intend to analyze not only the conditions of possibility of a democracy, in general, and in contexts of polarization, in particular, but also the relationship between democracy and polarization. My claim is that polarization, if certain conditions are met, more than a problem it is a great opportunity to democracy and a greater democratization. Hence, I bring to mind that it was Ronald Dworkin, who recently asked about the conditions of possibility of a democracy and its relationship with polarization by developing a partnership conception of democracy in contraposition to the majoritarian conception. Besides, I call into attention the classics that have emphasized the relationship between democracy and polarization, since Robert A. Dahl coined the term ‘polyarchy’, such as Samuel P Huntington and Norberto Bobbio. Finally, I conclude that against all odds polarization is a great opportunity for democracy and a greater democratization
A Thought Experiment
Get PDFHerewith, Justice Antonin Scalia\u27s long lost dissenting opinion in Brown v. Board of Education