13203 research outputs found
Sort by
The Politics of Legal Arrangements: The Duty of Care, Justifying, Extending, and Perpetuating the Public-in-the-Private Forms of Protection
Get PDFThis article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics surrounding public-in-the-private forms of protection. I show that the Duty of Care does considerable political work. It contributes to decentering, commercializing, and depoliticizing protection. In so doing, the Duty of Care is justifying this specific form of protection, defining and extending its scope, and perpetuating it. The article makes this argument by drawing both on the legal discussion about the Duty of Care and on close observation of its presence in the Security and Counterterrorism Expo trade fair. It concludes that acknowledging the politics of the Duty of Care requires shifting the focus and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally
Public and Private Authority in a Global Setting: The Example of Sovereign Debt Restructuring
Get PDFThis article argues that the public-private distinction is essential for safeguarding individual autonomy and democracy. As the article shows at the example of sovereign debt restructuring, global governance has blurred the distinction between public and private actors, instruments, and processes, and this causes immediate risks for human rights and democracy. This raises the question how the public-private distinction can be maintained under the structural conditions of global governance. For that purpose, the article ventures to propose a definition of publicness for global governance inspired by discourse theory. It argues that whenever a community, defined by the prevalence of communicative action, exercises authority over its members, there is an act of public authority that needs to respect standards of human rights protection and democratic self-determination. The article applies this framework to sovereign debt restructuring and identifies exercises of public authority in current sovereign debt restructuring practice, which need to, but often do not, meet these standards. The public-private distinction is thus an important tool for criticizing global governance
Foreword
Get PDFThe Future of the U.S. Constitution: A Symposium. April 14-15, 2017, Bloomington, Indiana. Sponsored by Indiana University Maurer School of Law, Indiana Law Journal & the American Constitution Society for Law and Policy
Taxation: Law, Planning, and Policy 3rd edition
No full textThe new third edition of Taxation: Law, Planning, and Policy, Third-Edition, has been updated to reflect current law and has been condensed and streamlined to offer a smoother overall teaching experience. The new edition retains the book\u27s focus on introducing students to tax planning dynamics as well as tax law and policy.
The book places a strong emphasis on planning and policy, not as an adjunct to the more common legal materials, but as part of an integrated pedagogic approach. Each case or group of cases is followed by three different sets of problems—Using the Sources, Law and Planning, and Politics and Policy—which are designed to develop the student\u27s law, planning, and policy analysis skills on a systematic basis. Excerpts from leading law review articles are included in each chapter so that students can understand for themselves the basic issues in tax policy and legislation.
The book emphasizes current concerns in tax law and policy and issues and problems that are likely to confront the next generation of tax practitioners and policy-makers. Thus, substantial space is devoted to the new breed of tax shelters; the tax treatment of gay and unmarried couples; and the relationship of taxes to health, retirement, and environmental policy, without sacrificing the classic cases that are the backbone of any tax book.
A complete set of teaching materials—including lecture notes, slides, and other supplementary materials and handouts—are available in the teacher\u27s manual.https://www.repository.law.indiana.edu/facbooks/1200/thumbnail.jp
Trademarks and Unfair Competition: Law and Policy, 5th edition
No full textThe many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection.
New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act.
Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protectionhttps://www.repository.law.indiana.edu/facbooks/1201/thumbnail.jp
How to Improve the Debt Ceiling to Fit a Partisan Government: A Global Examination of Which International Solutions Excel
Get PDFThis Note explores the changing role the debt ceiling has played within the United States and considers how that role should be altered moving forward. The debt ceiling\u27s history and its political connections are discussed as a backdrop to how the United States might alter the debt ceiling to limit both future government shutdown and political gridlock. This Note examines both domestic and international solutions to the debt ceiling problem with an emphasis on the latter. In particular, the Note focuses on the possible international solution of adopting a system similar to Denmark\u27s debt ceiling, or adopting a high debt-to- GDP ratio, similar to other non-U.S. countries
Typhoid Mario: Video Game Piracy as Viral Vector and National Security Threat
Get PDFCurrent academic and policy discussions regarding video game piracy focus on the economic losses inherent to copyright infringement. Unfortunately, this approach neglects the most significant implication of video game piracy: malware distribution. Copyright-motivated efforts to shut down file-sharing sites do little to reduce piracy and actually increase viral malware infection. Pirated video games are an ideal delivery device for malware, as users routinely launch unverified programs and forego virus detection. The illicit nature of the transaction forces users to rely almost entirely on the reputation of websites, uploaders, and other users to determine if a file is safe to download. In spite of this, stakeholders continue to push for ineffectual anti-infringement actions that destroy this reputational infrastructure.
Scholars and policymakers have not made a case for utility by considering only first-stage economic incentives to create content. In addition to the economic consequences, malware must be taken seriously as a threat to infrastructure and national security, especially in light of Russia’s efforts to infect machines to influence and delegitimize elections. Accordingly, this Article proposes that we adopt a harm reduction philosophy that both dissuades piracy and decreases the malware risk attendant to ongoing piracy
Cybersecurity and Tax Reform
Get PDFINTRODUCTION
I. THE PAST AND FUTURE OF THE IRS AS A CYBERATTACK TARGET
A. IRS AS A CYBERATTACK TARGET
B. THE FUTURE OF THE IRS AS A CYBERATTACK TARGET1. INFORMATION TECHNOLOGY
2. TAX INFORMATION
3. TYPES OF FUTURE ATTACKS
II. THE IRSWILL FAIL TO IMPLEMENT ADEQUATE CYBERSECURITY
A. VERY POOR HISTORY OF IMPROVING TECHNOLOGY
B. INADEQUATE FUNDING
C. INABILITY TO RECRUIT AND RETAIN EXPERTS
D. TOOMANY USERS
E. CYBERSECURITY IS DIFFICULT
III. BETTER DIGITAL TECHNOLOGY IS NOT THE GOAL
A. SLOWING THE USE OF DIGITAL TECHNOLOGY
B. CYBERSECURITY AND TAX REFORM
1. PAY-AS-YOU-EARN (PAYE)
2. SIMPLIFIED INCOME TAX
3. PURIFIED INCOME TAX
4. ELITE INCOME TAX
5. FEDERAL SALES TAX
6. VALUE-ADDED TAX (VAT)
7. COMPARISON OF PROPOSALS
CONCLUSIO
Learning from Law Students: How PhDs Might Seek Legal Remedy in the Face of Widespread Unemployment
Get PDFThis Note examines overproduction and underemployment problems facing the academic market and PhD graduates9 from a legal perspective. Part I will briefly review key legal takeaways from several distinctive cases that law school graduates brought against their almae matres regarding poor employability. Part II then describes the particularities of the “PhD problem” and how it compares and contrasts with the problem that J.D. holders recently faced. Finally, Part III will examine what legal remedies disenfranchised PhDs might pursue and whether such remedies could—and should—be sought in the courts
Reciprocal Immunity
Get PDFThis essay advances a reciprocal rights theory. It argues that the Constitution precludes statutes and rules from providing nonreciprocal benefits to the State when the lack of reciprocity interferes with the defendant’s ability to secure a fair trial, unless reciprocity would implicate a significant state interest. Therefore, unless a significant State interest is involved, a grant of immunity to a prosecution witness should trigger reciprocal immunity to a directly contradictory defense witness