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Conformity and State Income Taxes: Suggestions for the Crisis
Get PDFTo guarantee adequate revenue in the postCOVID-19 era, state governments should consider using all possible tools at their disposal. This article explains how and why state governments should evaluate their degree of conformity with federal tax changes in order to achieve this purpose
Rethinking the Highway: Integrating Delivery Drones into Airspace Above Highways
Get PDFIt is no secret that drones are occupying the skies, but where are they supposed to fly? Drones will need to share airspace with other aircraft, and, eventually, other drones. Considering that drones come in different shapes and sizes and serve different functions, businesses and lawmakers should coordinate to propose creative solutions. This Note proposes one such solution: municipal, state, and federal governments should lease the airspace above roads and highways to develop an infrastructure capable of supporting the unique characteristics of delivery drones
The Need for Thailand to Accede to Conventions on Statelessness
Get PDF‘Statelessness’ is a global phenomenon that refers to the lack of nationality of an individual. Although the issue of statelessness can be understood as the lack of nationality or the protections based on nationality, the solutions can be complicated because they interfere with the sovereign power of the state. Thailand is home to one of the largest stateless populations in the world. It has been working on solving the problem of statelessness with the help of international organizations, such as the United Nations and the Adventists Development and Relief Agency. However, despite the positive developments in Thailand, there are still gaps in the Nationality Act that can lead to statelessness groups of people. Therefore, this thesis analyzes the problem of statelessness in Thailand and proposes that Thailand accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, as the provisions of these conventions provide beneficial guidelines on the issue of statelessness
The Grip of Nationalism on Corporate Law
Get PDFPart I provides a brief overview of the relationship between corporate law and nationalism and demonstrates their interaction in the historical experiences of several key jurisdictions. These vignettes are merely illustrative, but they indicate how deep the link between nationalism and corporate law can be. Part II summarizes the evidence on the economic effects of foreign corporate control, showing that it is ultimately inconclusive. Part III explains why corporate law can be an attractive instrument to accomplish nationalist objectives and explores the possible regulatory responses to this phenomenon. Part IV analyzes the implications of these findings for future developments in corporate lawmaking. Part V concludes by reflecting on the prospect of the bond between nationalism and corporate law
Classifying Systems of Constitutional Review: A Context-Specific Analysis
Get PDFModern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the mosaic Latin America with a particular focus on the Colombian, Brazilian, and Mexican direct access mechanisms. Part III argues that a context-specific analysis that starts categorizing judicial review with Latin America draws out access to constitutional courts and objects of review as the most salient point for classification. The Part also considers how European countries would be classified in light of the Latin American classifications. Finally, Part IV contemplates lessons for future classification in light of the importance of context-specific analyses
Access to Justice for Collective and Diffuse Rights: Theoretical Challenges and Opportunities for Social Contract Theory
Get PDFThis analysis consists of three principal parts. First, it briefly reviews the classical contract account that explains how and why individuals enter civil society, found in the writings of both Hobbes and Locke. The analysis then examines the limited extent to which classical contract theory treats questions of rights vindication or, in more modern terms, with questions of access to justice. Second, the analysis examines the nature of collective and diffuse rights claims and will make a case for their importance in the modern world. Third, the analysis seeks to identify arguments from the classical account that might be useful in the context of trying to vindicate what we now call collective and diffuse rights. In this connection, this reflection analyzes the possibilities for and limitations of, if any, classical contract theory to accommodate modern collective and diffuse rights claims. Without question, the analysis will thus at times paint with a very broad brush. However, the aim is not to provide an exhaustive analysis of the response (or not) of classical contract theory to the challenge presented by collective and diffuse rights questions, but rather to begin to trace out the relation of classical contract theory to these rights claims, which are of evergrowing importance today
Developments in the Laws Affecting Electronic Payments and Financial Services
Get PDFFederal and state developments affecting e-payments and financial services between June 1, 2018, and May 31, 2019, as in recent years, exceeded the space allowed for this survey. We have chosen to feature continuing regulatory efforts, including new guidance and innovations in cryptocurrencies as payments methods or as tradable digital assets, and enforcement actions related to cryptocurrencies and to providers and users of cryptocurrencies. This survey also identifies guidance and enforcement actions that relate to providers of other types of financial products or services. Part II evaluates developments relating to cryptocurrencies, both as payment products and otherwise as digital assets or tokens offered to the public that may meet requirements for investment contracts that the United States regulates as securities. Part III covers developments for other payment and financial products. Part IV offers conclusions and predictions of hot topics for the coming survey year