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Friday, February 13, 2015

Robinson: Skin in the Game -- Invisible Taxpayers, Invisible Citizens?

Mildred Robinson (Virginia), Skin in the Game: Invisible Taxpayers, Invisible Citizens?, 59 Vill. L. Rev.729 (2014):

This essay was the basis for the Rev. Dr. Martin Luther King, Jr. Memorial Lecture at the Villanova University School of Law on January 27, 2014. It examines economic justice from a tax perspective.

“Skin in the game” – some thing that the interested party has at risk – has become a part of everyday American political discourse. Personal financial risk – some personal stake – is demanded of all “players.” The implications are clear: no skin, no play. The requirement for “skin in the game” in the context of ongoing fiscal debate along with the “concern” that in 2011 almost fifty percent of Americans paid no federal income tax is the latest version of the ongoing “cut-taxes/reduce governmental size” wrangling. It is also another play on the high political salience of the federal income tax as an institution.

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February 13, 2015 in Scholarship, Tax | Permalink | Comments (1)

Thursday, February 12, 2015

Seto Presents Preference-Shifting and Optimal Tax Theory Today at UCLA

Seto (2014)Theodore P. Seto (Loyola-L.A.) presents Some Implications of Preference-Shifting for Optimal Tax Theory at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

This paper is part of a larger project: to explore the extent to which the claims of optimal tax theory are sensitive to the assumptions that underlie them. The paper focuses on two canonical assertions of the standard model: (1) that taxes produce deadweight loss (Harberger 1964), and (2) that 100 percent of all taxes are borne by human beings, the only question being which. The assumption it relaxes is the standard welfarist assumption that preferences are fixed and exogenous and reflect welfare. Although this assumption is not widely accepted in other social sciences, economists generally treat situations in which it does not hold (situations involving “internalities”) as limited exceptions, and therefore of limited interest.

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February 12, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 68, No. 1 (Fall 2014):

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February 12, 2015 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

BRICS and the Emergence of International Tax Coordination

BRICSBRICS and the Emergence of International Tax Coordination (IBFD 2015) (Yariv Brauner (Florida) & Pasquale Pistone (WU Vienna), eds.):

The BRICS have been all the rage from the beginning of the millennium. This book focuses on the shift of power in the global economy from the traditionally dominant nations that comprise the OECD, or, even more narrowly, the G7, to emerging economies, perhaps led by the BRICS. The remodeling of the power structure shaping the global economy and global economic governance more generally is possibly being paralleled by a corresponding reformatting of international taxation. The dominance of the richest countries in the world over the international tax regime that had evolved over the second part of the 20th century is being defied as the 21st century progresses. Emerging economies, within and outside the OECD, assert their newly found power to acquire voice and influence on the international tax agenda.

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February 12, 2015 in Book Club, Scholarship, Tax | Permalink | Comments (0)

Loving v. IRS: The IRS's Achilles' Heel for Regulated Tax Advice?

Jamie Patrick Hopkins (The American College), Loving v. IRS: The IRS's Achilles' Heel for Regulated Tax Advice?, 34 Va. Tax Rev. 191 (2014):

In an attempt to regulate the multi-billion dollar tax preparer industry — which employs hundreds of thousands of employees — the Internal Revenue Service (Service) began developing rules pertaining specifically to non-professional tax return preparers, previously unregulated by the Service. However, the Service’s attempt to expand its regulatory reach over non-professional tax return preparers was short-lived. It resulted in a severely damaging decision in Loving v. IRS, in which the court concluded that the Service had only limited statutory authority to regulate non-professional tax preparers. While the Service focused its attention on additional ways to rein in tax return preparers, tax professionals took notice of the Loving I and II decisions as they might apply in a broader context, and an important question arose: to what extent can the Service regulate those tax professionals, such as lawyers and certified public accountants (CPAs), if the tax professional only provides tax advice or mere tax preparation services but does not “represent” taxpayers before the Service? Not more than six months later this question was partially answered in another landmark decision in Ridgely v. Lew in which Loving II was applied not only to non-professional tax preparers, but to tax professionals as well, further crippling the ability of the Service to regulate tax professionals and the tax preparation industry. Following Ridgely, the Service is left with one final beacon of hope to regulate tax professionals, 31 U.S.C. § 330(d), which the Service believes empowers it with the ability to regulate written tax advice provided by all tax practitioners. However, if the statutory analysis used in Ridgely and Loving is applied to 31 U.S.C. § 330(d), a reasonable interpretation might limit the Service’s ability to regulate written tax advice only to those situations in which a tax practitioner is practicing as a representative before the Service. 

February 12, 2015 in IRS News, Scholarship, Tax | Permalink | Comments (0)

Zolt: Politics and Taxation

Eric M. Zolt (UCLA), Politics and Taxation: An Introduction, 67 Tax L. Rev. 453 (2014):

This essay provides some observations about the relationship of politics and taxation and reviews the articles and commentaries that were prepared for the Third Annual NYU/UCLA Tax Policy Conference on Politics and Taxation held in Los Angeles on October 18, 2013. Understanding the relationship between politics and taxation is important for several reasons. First, it may help explain why countries adopt different taxing and spending patterns. It may also explain why the frequency, success and stability of tax reform efforts vary among countries. Finally a better understanding of politics and taxation may provide insights into such questions on how institutions shape policy outcomes and how tax policy may contribute to successful democratic governments.

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February 12, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Gerzog: What's Wrong with a Federal Inheritance Tax?

Wendy C. Gerzog (Baltimore), What's Wrong with a Federal Inheritance Tax?, 49 Real Prop. Tr. & Est. L.J. 163 (2014):

Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.

This article reviews common characteristics of existing inheritance tax systems in our U.S. states and internationally, particularly in Europe. In addition, the article analyzes the novel Comprehensive Inheritance Tax (CIT) proposal of Professor Batchelder [What Should Society Expect from Heirs? The Case for a Comprehensive Inheritance Tax, 63 Tax L. Rev. 1 (2009)] that combines some elements of existing inheritance tax systems with some features of the current transfer tax system and delivers the CIT through the federal income tax system.

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February 12, 2015 in Scholarship, Tax | Permalink | Comments (0)

Tax Rates and Corporate Decision Making

John Graham (Duke), Michelle Hanlon (MIT), Terry Shevlin (UC-Irvine) & Nemit Shroff (MIT), Tax Rates and Corporate Decision Making:

We provide evidence consistent with many firms exhibiting behavioral biases (heuristics, salience) when incorporating taxes into their decision processes. For example, we find that many firms employ the more salient average tax rate (i.e., the GAAP effective tax rate) to evaluate incremental decisions rather than the more theoretically correct marginal tax rate. We estimate that behavioral biases that influence firms to use the average tax rate for decision-making lead to deadweight losses that average $10 million for poor capital structure decisions and $25 million for suboptimal acquisitions, and also reduce the responsiveness of corporate investment to growth opportunities.

February 12, 2015 in Scholarship, Tax | Permalink | Comments (0)

Wednesday, February 11, 2015

Kleinbard: Why Corporate Tax Reform Can Happen

Edward Kleinbard (USC), Why Corporate Tax Reform Can Happen:

This brief essay explains in an informal way to nonspecialists what the stakes are for corporate tax reform and why such reform is more politically feasible than most observers believe. The essay emphasizes the central importance of international tax design as the largest conceptual impediment, but demonstrates that a framework has emerged that can serve as the basis for constructive negotiations. The essay further offers a novel strategy for dealing with the problem that a large fraction of U.S. business income is earned by unincorporated businesses.

February 11, 2015 in Scholarship, Tax | Permalink | Comments (1)

Givati: A Theory of Line Drawing in Tax Law

Yehonatan Givati (Hebrew University of Jerusalem, Faculty of Law), Walking a Fine Line: A Theory of Line Drawing in Tax Law, 34 Va. Tax Rev. ___ (2015):

In many contexts, U.S. tax law grants a favorable tax treatment to transactions of one type and an adverse treatment to transactions of another type. The task of tax authorities is to draw lines in legally gray areas, distinguishing between economically similar transactions that should receive different treatment. Despite tax law’s propensity for line drawing, the manner in which tax authorities draw legal lines has received little attention. This Article aims to fill this gap by providing guidance to tax authorities on how to select the best line drawing instrument in a given situation. First, the Article demonstrates that tax authorities employ four different line drawing instruments: rulemaking, adjudication, private letter ruling and licensing. Second, the Article develops a theory of line drawing in tax law, which identifies three criteria by which tax authorities should choose line drawing instruments: the ideal policy, the effect on taxpayers, and the effect on tax authorities. Finally, the Article applies this theory of line drawing to explain line drawing instruments currently in use.

February 11, 2015 in Scholarship, Tax | Permalink | Comments (0)

Mormann: Beyond Tax Credits -- Smarter Tax Policy

Felix Mormann (Miami), Beyond Tax Credits – Smarter Tax Policy for a Cleaner, More Democratic Energy Future, 31 Yale J. on Reg. 303 (2014):

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. Mounting federal debt in excess of $16 trillion, meanwhile, urges careful review of all public expenditures. This Article proposes policy reform to simultaneously promote fiscal sustainability and renewable energy through capital markets and crowdfunding.

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February 11, 2015 in Scholarship, Tax | Permalink | Comments (0)

Postlewaite: The Omnipresence of Subchapter K in the International Arena?

Philip Postlewaite (Northwestern), The Omnipresence of Subchapter K in the International Arena?, 93 Taxes ___ (2015):

The purpose of Subchapter K is to provide certainty as to the appropriate focal point for making tax determinations, i.e., at the partner level or the partnership level, dictating which level is determinative for what purpose. Subchapter K generally ensures that partners are ultimately taxed similarly under the three possible methods of realization upon their investment. Whether (1) the partnership run its course and disposed of its assets for cash and liquidated thereafter, (2) the partner sells his partnership interest to another for cash, or (3) the partnership liquidates by distributing its assets to the partner for sale thereafter, the amount and character of the gain or loss is generally the same, albeit with some deferral in the liquidation context. Regardless of the method chosen, tax consequences ensue.

Subchapter N’s treatment of inbound and outbound activity reflects different overriding purposes. Regarding inbound activity, the goal is to ensure that foreign persons are subject to tax on income, whether investment or business oriented, derived with a nexus to the United States. Regarding outbound activity, the focus is on the avoidance of double taxation by United States persons on income earned abroad as well as limiting the deferral of income by United States persons investing abroad through foreign corporations.

The difficulty arises when partnerships operate internationally, i.e., where Subchapter K and Subchapter N may potentially overlap. Does Subchapter K always control; does Subchapter N? Is the entity approach determinative, the aggregate, or either depending upon the context? What is the ideal model for resolving such issues?

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February 11, 2015 in Scholarship, Tax | Permalink | Comments (0)

Tuesday, February 10, 2015

Toder Presents U.S. Lessons From Other Countries' Taxation of Multinational Corporations Today at NYU

ToderEric Toder (Tax Policy Center) presents Lessons the United States Can Learn From Other Countries' Territorial Systems for Taxing Income of Multinational Corporations (with Rosanne Altshuler (Rutgers) & Stephen Shay (Harvard)) at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

The United States has a worldwide system that taxes the dividends its resident multinational corporations receive from their foreign affiliates, while most other countries have territorial systems that exempt these dividends. This report examines the experience of four countries – two with long-standing territorial systems and two that have recently eliminated taxation of repatriated dividends. We find that the reasons for maintaining or introducing dividend exemption systems varied greatly among them and do not necessarily apply to the United States. Moreover, classification of tax systems as worldwide or territorial does not adequately capture differences in how countries tax foreign-source income.  

February 10, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Why Do Developing Countries Tax So Little?

Timothy Besley (London School of Economics) & Torsten Persson (Stockholm University), Why Do Developing Countries Tax So Little?, 28 J. Econ. Perspectives 99 (Fall 2014):

Low-income countries typically collect taxes of between 10 to 20 percent of GDP while the average for high-income countries is more like 40 percent. In order to understand taxation, economic development, and the relationships between them, we need to think about the forces that drive the development process. Poor countries are poor for certain reasons, and these reasons can also help to explain their weakness in raising tax revenue. We begin by laying out some basic relationships regarding how tax revenue as a share of GDP varies with per capita income and with the breadth of a country's tax base. We sketch a baseline model of what determines a country's tax revenue as a share of GDP. We then turn to our primary focus: why do developing countries tax so little? We begin with factors related to the economic structure of these economies. But we argue that there is also an important role for political factors, such as weak institutions, fragmented polities, and a lack of transparency due to weak news media. Moreover, sociological and cultural factors- such as a weak sense of national identity and a poor norm for compliance- may stifle the collection of tax revenue. In each case, we suggest the need for a dynamic approach that encompasses the two-way interactions between these political, social, and cultural factors and the economy.

February 10, 2015 in Scholarship, Tax | Permalink | Comments (1)

Monday, February 9, 2015

NYU Hosts Book Discussion With Eugene Steuerle on How to Restore Fiscal Freedom and Rescue Our Future

DeadThe NYU Graduate Tax Program hosts a discussion today with C. Eugene Steuerle (Urban Institute) on his book, Dead Men Ruling: How to Restore Fiscal Freedom and Rescue Our Future (2014):

Eugene Steuerle argues that these seemingly separable economic and political problems are actually symptoms of a common disease, one unique to our time. Unless that disease and the history of how it spread over time is understood, Steuerle says, it is easy for politicians and voters alike to fall prey to believing in simple but ineffective nostrums, hoping that a cure lies merely in switching political parties or reducing the deficit or protecting and expanding our favorite program.

Despite the despairing claims of many, Steuerle points out that we no more live in an age of austerity than did Americans at the turn into the twentieth century with the demise of the frontier. Conditions are ripe to advance opportunity in ways never before possible, including doing for children and the young in this century what the twentieth did for senior citizens, yet without abandoning those earlier gains. Recognizing this extraordinary but checked potential is also the secret to breaking the political logjam that —as Steuerle points out —was created largely by now dead (or retired) men.

February 9, 2015 in Book Club, Colloquia, Scholarship, Tax | Permalink | Comments (0)

Taylor: Diversity as a Law School Survival Strategy

DiversityAaron N. Taylor (St. Louis),  Diversity as a Law School Survival Strategy (press release):

Over the past few years, law schools have been dealing with a drastic and, so far, unyielding decline in student interest. Between 2010 and 2013, student enrollments fell almost 25%, to levels not seen in 40 years. This trend has prompted many to wonder what schools have done, and what they can do, to ensure their survival in this new climate. This article explores the extent to which law schools have used students of color, particularly black and Hispanic students, to bolster enrollments and lessen the effects of the downturn. The results of this analysis suggest that a school’s median LSAT score influenced the extent to which the racial composition of its entering classes changed between 2010 and 2013. Black and Hispanic students were critical components of the enrollment management calculus for private law schools with the lowest median LSAT scores. Higher-median schools tended to rely more heavily on white and Asian enrollments to stem declines. These trends led to increased racial and ethnic stratification in law school enrollments, where black and Hispanic students were more likely to attend schools with lower median LSAT scores in 2013 than in 2010, while white and Asian students were more likely to attend schools with higher median scores. Perceptions of law school quality and prestige are greatly influenced by a school’s median LSAT score; therefore, the trend of stratification may only serve to intensify racial and ethnic differences in career paths and trajectories.

Update:  National Law Journal, Law School Diversity Improves—But Only at the Bottom

February 9, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Sunday, February 8, 2015

The Top 5 Tax Paper Downloads

SSRN LogoThere is a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new paper debuting on the list at #5:

  1. [282 Downloads]  Important Developments in Federal Income Taxation (2014), by Edward A. Morse (Creighton)
  2. [178 Downloads]  Thomas Piketty and Inequality: Legal Causes and Tax Solutions, by Paul L. Caron (Pepperdine)
  3. [137 Downloads]  David Foster Wallace on Tax Policy, How to Be an Adult, and Other Mysteries of the Universe, by Arthur J. Cockfield (Queen's University)
  4. [129 Downloads]  Return on Political Investment in the American Jobs Creation Act of 2004, by Hui Chen (Zurich), Katherine Gunny (Colorado) & Karthik Ramanna (Harvard)
  5. [108 Downloads]  Taxation and Surveillance -- An Agenda, by Michael Hatfield (University of Washington)

February 8, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, February 6, 2015

Caron Presents Faculty Scholarship Rankings and Law School Success Today at Pepperdine

Caron 2012 PhotoPaul L. Caron (Pepperdine) presents Faculty Scholarship Rankings and Law School Success at Pepperdine today:

In What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004), Rafael Gely and I argued that legal education must use technology to develop more sophisticated measures of law school success and faculty contributions to law school success.  Here, I use existing measures of faculty scholarly output (publications) and influence (law review citations, Google Scholar citations (H-Index and M-Index), and SSRN downloads) both to chart how Pepperdine's faculty compares with our competitors and to detail individual Pepperdine faculty contributions in these measures.  I then offer some thoughts on what these existing ranking methodologies leave out in measuring faculty contributions to law school success.  I argue that religious law schools are uniquely positioned to thrive in the midst of the law school crisis because our faith-fueled commitment to our students and to each other empowers us to better define the pathways to success for our schools, our students, and our faculties and equips us to make that journey together.

February 6, 2015 in Colloquia, Legal Education, Scholarship | Permalink | Comments (0)

Weekly SSRN Tax Roundup

Weekly Student Tax Note Roundup

Call for Papers: Citizenship and Taxation Symposium at Michigan

Michigan Law Logo (2015)Call for Papers:

We invite paper proposals for a Citizenship and Taxation Symposium, to be held at the University of Michigan Law School, Ann Arbor, Michigan, on Friday, October 9, 2015. This symposium will focus on ongoing developments regarding the unique US practice of taxing citizens who live permanently overseas. With the adoption of regimes such as the expatriation tax added by IRC § 877A and the Foreign Account Tax Compliance Act (FATCA), the taxation of non-residents with US person status now has serious and tangible implications. ...

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February 6, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Thursday, February 5, 2015

Raskolnikov Presents Rational Decisions Under Legal Uncertainty Today at Virginia

Raskolnikov (2015)Alex Raskolnikov (Columbia) presents Rational Decisions Under Legal Uncertainty at Virginia today as part of its Law & Economics Workshop Series:

Law is full of rules that are neither clear nor socially optimal. How do rational actors respond to these rules? What are the implications of these responses? These deceptively simple questions have no answers in law and economics. This paper offers a model of rational decisionmaking under legal uncertainty and explores its implications by combining formal economic analysis with a practical understanding of the market for legal advice. The model produces a number of intuitive, realistic results. It demonstrates why rational actors take uncertain positions even if these positions are highly likely to be detected. It suggests that most of these positions will have a better than a fifty-fifty chance of being sustained. And it allows us to investigate a popular but controversial view that greater legal certainty does not necessarily lead to greater compliance. The model’s analysis both refutes the obvious explanation for this view and offers an alternative one. When detection uncertainty is taken into account, the model confirms that the standard damages multiplier works when legal rules are ambiguous. At the same time, the model raises difficult questions about the meaning of compliance when rules are uncertain, the normative significance of various types of uncertainty, and the challenges of assessing private responses to legal uncertainty outside of the familiar confines of the optimal deterrence theory. ;

February 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Morse Presents Safe Harbors, Sure Shipwrecks Today at UCLA

Morse (2015)Susan C. Morse (Texas) presents Safe Harbors, Sure Shipwrecks at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

Safe harbors and sure shipwrecks are rule-standard hybrids that appear throughout statutory, regulatory and case law. Safe harbors guarantee compliance, and also leave open the question of compliance for fact situations not described by the safe harbor. Sure shipwrecks provide a conclusive noncompliance result and also leave open the question of compliance outside the sure shipwreck. Safe harbors and sure shipwrecks produce asymmetric behavioral incentives for persons subject to them. Like bright-line rules, safe harbors encourage behavior to converge from both sides of the line drawn by the safe harbor. This is because of the advantage of a zero chance of liability within the safe harbor. Sure shipwrecks generally encourage convergence only from the noncompliant side of the line. Ex ante versus ex post policy making, overinclusion and underinclusion, interest group influence, and other factors also affect safe harbor and sure shipwreck policy making.

February 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Stark Presents Tax Policy in the Super Zips Today at Northwestern

Stark (2014)Kirk Stark (UCLA) presents Tax Policy in the Super Zips at Northwestern today as part of its Tax Colloquium Series hosted by Lawrence Zelenak:

As the distribution of income and wealth has grown more skewed, households have increasingly sorted into income homogenous neighborhoods. The rise of income segregation entails increased fiscal segregation as well, as the operation of federal tax law becomes more differentiated across space. This paper concerns one dimension of the tax law’s disparate geographical impact—i.e., the operation of the federal income tax in the nation’s wealthiest communities, or “Super ZIPs.” Using IRS zip code level data for tax year 2012, the paper examines several key federal income tax characteristics for these zip codes (e.g., AGI, income composition, itemized deductions), comparing these figures to the same data for the nation as a whole as well as select neighboring zip codes on the opposite end of the income distribution. The resulting analysis reveals a stark perspective on income segregation in the United States through the lens of the federal tax system.

February 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Wednesday, February 4, 2015

Blanchard Presents The Tax Significance of Legal Personality at NYU

BlanchardKimberly Blanchard (Weil, Gotshal & Manges, New York) presented The Tax Significance of Legal Personality: A U.S. View at NYU yesterday as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

Whereas the fiction of legal personality is often used outside the United States to distinguish partnerships from corporations, U.S. tax rules have never made the distinction on that basis. Although the factors employed by the now-withdrawn Kintner regulations to make that distinction were derived from the same legal tradition, those factors were applied only after it was determined that a legal entity, assumed to have legal personality, existed. The eventual abandonment of those factors and their replacement with the check-the-box regime finally eliminated any vestige of this legal fiction from relevance to the U.S. tax classification of entities.

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February 4, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Sanchirico Presents International Tax and Ownership Nationality Today at Penn

SanchiricoChris William Sanchirico (Pennsylvania) presents As American as Apple Inc.: International Tax and Ownership Nationality, 68 Tax L. Rev. ___ (2014), at Pennsylvania today as part of its Tax Law and Policy Workshop Series hosted by Chris William Sanchirico and Reed Shuldiner:

The ownership nationality of large US multinational companies plays an implicit but important role in the current debate over how such companies should be taxed. This paper identifies that role and investigates what is actually known about where these companies’ shareholders reside.

February 4, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Call for Speakers: CALI Conference at Denver Law School

CALI (2015)CALI has issued a Call for Speakers to law faculty, librarians, and IT staff (April 3 deadline) for its 25th Annual CALI Conference for Law School Computing on  June 18-20, 2015 at the University of Denver Sturm College of Law.  The conference registration fee is reduced to $95 for speakers.

For the 25th Annual Conference for Law School Computing® (aka CALIcon), we wanted a theme that embraced the changes and opportunities in Legal Education. Yes, we are in a crisis, but we are also in the middle of one of the most innovative and experimental periods in legal education history. The freedom and encouragement to change our pedagogies and curricula has been given like never before. Flipped classrooms, experiential learning, incubators, formative assessment - the list goes on and on.

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February 4, 2015 in About This Blog, Conferences, Scholarship, Tax | Permalink | Comments (0)

Tuesday, February 3, 2015

Cohen Presents 'Seg Academies,' Taxes, and Judge Ginsburg Today at Georgetown

Cohen (2015)Stephen Cohen (Georgetown) presents 'Seg Academies,' Taxes, and Judge Ginsburg at Georgetown today as part of its Tax Law and Public Finance Workshop Series:

On the U.S. Court of Appeals for the District of Columbia then-Judge Ruth Bader Ginsburg authored an opinion with profound implications not only for the law of taxation but also for the role of courts in ending racial discrimination in education. The case, Wright v. Regan, involved the intersection of the income tax law and equal protection obligations of federal authorities under the Constitution’s Fifth and Fourteenth Amendments. The issue was whether parents of black schoolchildren had standing to challenge the grant of federal tax-exempt status to racially segregated private schools. In affirming that standing existed, Judge Ginsburg opined that the tax benefits of exempt status constituted significant financial assistance and that the provision of such assistance to racially segregated private schools violated equal protection obligations of the Constitution. Although her decision was unfortunately reversed on appeal by a divided Supreme Court, she provided a persuasive defense of the right of victims of racial discrimination in education to seek redress in the courts and created a benchmark that future Supreme Courts may use to revise a Supreme Court majority decision that appears, at least to this observer, as fundamentally wrong and fundamentally flawed. [The paper is copyrighted by Cambridge University Press and is a chapter in The Legacy of Ruth Bader Ginsburg (Jan. 26, 2015) (Scott Dodson, editor)].

February 3, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

The Structure of American Income Tax Policy Preferences

Cameron Ballard-Rosa (North Carolina), Lucy Martin (Yale) & Kenneth F. Scheve (Stanford), The Structure of American Income Tax Policy Preferences:

Modern income tax systems are multidimensional in that different rates can be applied to different income levels. Few contemporary studies of public preferences over the income tax or redistribution more generally measure policy preferences across the income distribution and none base those estimates on experimental evidence that accounts for revenue constraints. This paper implements an experimental conjoint survey design to measure income tax preferences across the income distribution. We find that policy opinions are generally progressive but that there is an important asymmetry in the elasticity of these preferences. Support for income tax plans is elastic with respect to policies for low income citizens with support decreasing significantly with higher rates on low incomes. In contrast, support for income tax plans increase -- although relatively inelastically -- with respect to higher taxes for high income citizens. Although individuals support tax plans with rates on high incomes that are higher than the low rates preferred for the poor, they are indifferent across a wide range of these high rates which yield very different degrees of progressivity. We also evaluate the correlates of these preferences to determine whether examining the multi-dimensionality of redistributive policy instruments provides new insights about political conflict over redistribution. We present evidence that income tax preferences are correlated with measures of self-interest, beliefs about the efficiency costs of taxes and the determinants of income, religiosity, and racial attitudes and find that political conflict over taxation is primarily over taxing high incomes.

February 3, 2015 in Scholarship, Tax | Permalink | Comments (0)

Monday, February 2, 2015

Graetz Presents The Tax Reform Road Not Taken -- Yet Today at Pepperdine

Graetz (2015)Michael J. Graetz (Columbia) presents The Tax Reform Road Not Taken -- Yet, 67 Nat'l Tax J. 419 (2014), at Pepperdine today as part of our Tax Policy Colloquium Series:

The United States has traveled a unique tax policy path, avoiding value added taxes (VATs), which have now been adopted by every OECD country and 160 countries worldwide. Moreover, many U.S. consumption tax advocates have insisted on direct personalized taxes that are unlike taxes used anywhere in the world. This article details a tax reform plan that uses revenues from a VAT to substantially reduce and reform our nation’s tax system. The plan would (1) enact a destination-based VAT; (2) use the revenue produced by this VAT to finance an income tax exemption of $100,000 of family income and to lower income tax rates on income above that amount; (3) lower the corporate income tax rate to 15 percent; and (4) protect low and-moderate-income workers from a tax increase through payroll tax credits and expanded refundable child tax credits. This revenue and distributionally neutral plan would stimulate economic growth, free more than 150 million Americans from having to file income tax returns, solve the difficult problems of international income taxation, and remove the temptation for Congress to use tax benefits as if they are solutions to the nation’s pressing social and economic problems.

Update:  Post-presentation lunch:

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February 2, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Diamond: The Continuing Disconnect Between Law School Critics and Market Reality

Stephen F. Diamond (Santa Clara), The Continuing Disconnect Between Law School Critics and Market Reality:

S&MI just happened to notice that the law school critics continue to distort the findings of the Simkovic and McIntyre paper on the economic value of earning a JD. This paper sends a chill down the spines of the critics because it lays waste to their argument with straightforward data. This requires them to engage not just in mental gymnastics that lead to the kinds of absurd confusions about valuation found here and here but now to outright falsehoods posted to one of the most important law school blogs in the country.

One egregious example is found in the comments section at Paul Caron’s blog, TaxProf. There one finds another anonymous (and ubiquitous blog) commenter named “Unemployed Northeastern” (UNE) who thinks that he has a better grasp on the economics of legal education than that provided by the exhaustive research of S&M. ...

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February 2, 2015 in Legal Education, Scholarship | Permalink | Comments (28)

Caron: Thomas Piketty and Inequality -- Legal Causes and Tax Solutions

Paul L. Caron (Pepperdine), Thomas Piketty and Inequality: Legal Causes and Tax Solutions, 64 Emory L.J. Online 2073 (2015):

PikettyThomas Piketty's Capital in the Twenty-first Century has acted as an accelerant fueling the fiery public debate over increasing inequality in America and around the world. Piketty makes the provocative empirical claim that the rate of return to private capital inevitably exceeds the rate of economic growth (r > g) and thus leads to growing concentrations of wealth among the richest members of society. Piketty has spawned heated debates in newspapers, magazines, and blogs, which soon will continue in academic journals and law reviews. Shi-Ling Hsu is one of the first out of the gate with The Rise and Rise of the One Percent: Considering Legal Causes of Wealth Inequality, 64 Emory L.J. Online 2043 (2015).

Hsu focuses on the interesting question of how law and legal institutions foster inflated returns on capital (Piketty's r). He also makes the important point that lawmakers often conflate Piketty's r with g (public economic growth), resulting in laws that boost the former with little discernible impact on the latter. The bulk of Hsu's argument is devoted to explaining how four areas of American law contribute to "the legal enrichment of the one percent": financial regulation, oil and gas subsidies, transition relief, and electric utility regulation. He concludes with a plea for greater federal funding of education to spur greater economic growth and bridge the deepening inequality chasm in America.

Hsu's essay is a significant contribution to what is certain to be an energetic debate over the implications of Piketty's work. The need to examine the impact of legal rules and institutions on both private capital returns and public economic growth will be an enduring contribution to future scholarship on the extent, consequences, and reduction of income and wealth inequality. I offer here two modest reactions to Hsu's essay: (1) recent inequality research has shifted the focus of high-end wealth concentration from the Top 1% to the Top 0.1% (and even the Top 0.01%), with important implications for the work of both Piketty and Hsu, including (2) the inquiry into whether policymakers should intervene before the fact to re-shape the distribution of the benefits and burdens of economic activity (Hsu's approach) or instead redistribute wealth after the fact (Piketty's approach).

In a recent essay, Joseph Bankman and I argued that tax scholars need to focus more of our work on how policymakers should address the federal government's unprecedented (and growing) fiscal imbalance. California Dreamin’: Tax Scholarship in a Time of Fiscal Crisis, 48 U.C. Davis L. Rev. 405 (2014). In Piketty terms, s (spending) > r (revenues). We proposed that California's recent tax increases on the wealthy should provide a template for the nation to bring r more into alignment with s.

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February 2, 2015 in Book Club, Scholarship, Tax | Permalink | Comments (0)

Sunday, February 1, 2015

The Top 5 Tax Paper Downloads

SSRN LogoThere is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new #1 paper and new papers debuting on the list at #4 and #5:

  1. [248 Downloads]  Important Developments in Federal Income Taxation (2014), by Edward A. Morse (Creighton)
  2. [152 Downloads]  Thomas Piketty and Inequality: Legal Causes and Tax Solutions, by Paul L. Caron (Pepperdine)
  3. [127 Downloads]  Return on Political Investment in the American Jobs Creation Act of 2004, by Hui Chen (Zurich), Katherine Gunny (Colorado) & Karthik Ramanna (Harvard)
  4. [119 Downloads]  David Foster Wallace on Tax Policy, How to Be an Adult, and Other Mysteries of the Universe, by Arthur J. Cockfield (Queen's University)
  5. [114 Downloads]  The IRS's Misuse of Scarce Compliance Resources in the Exempt Organization Area, by George K. Yin (Virginia)

February 1, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Saturday, January 31, 2015

Simkovic: The Knowledge Tax

Michael Simkovic (Seton Hall), The Knowledge Tax:

Labor economists struggle to explain why the rates of return to higher education have remained much higher than the rates of return to other investments. This article proposes a novel explanation: distortionary taxation.

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January 31, 2015 in Scholarship, Tax | Permalink | Comments (0)

Friday, January 30, 2015

Weekly SSRN Tax Roundup

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January 30, 2015 in Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (0)

Weekly Student Tax Note Roundup

January 30, 2015 in Scholarship, Tax | Permalink | Comments (0)

UCLA & Tax Policy Center Host Conference Today on International Tax Reform

UCLAUCLA and the Tax Policy Center host a conference today on International Tax Reform from 9:00 a.m. - 4:00 p.m. PST (webcast here):

Panel #1:  Political Economy of International Tax Reform

Presenters:  Alan Auerbach (UC-Berkeley), Jon Talisman (Capitol Tax Partners)
Commentator:  Jason Oh (UCLA)

Panel #2:  Inversions: Where Do We Go From Here?

Presenters:  Mihir Desai (Harvard), Victor Fleischer (San Diego)
Commentator:  Larry Stein (Latham & Watkins)

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January 30, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Thursday, January 29, 2015

Borden: Rethinking the Tax-Revenue Effect of REIT Taxation

Florida Tax ReviewBradley Borden (Brooklyn), Rethinking the Tax-Revenue Effect of REIT Taxation, 16 Fla. Tax Rev. ___ (2015):

Real estate investment trusts (REITs) have recently made headlines in major media outlets and have caught the attention of lawmakers and analysts because they erode the corporate tax base. REITs are not subject to the entity-level tax that typically applies to corporations. To avoid being taxed on real-estate income, some corporations spin off real estate into REITs. After a REIT spinoff, such corporations rent the real estate from the REIT and continue to use it in their operations. Thus, a mere change in corporate form removes taxable income from the corporation (i.e., erodes the corporate tax base) and eliminates the entity-level tax on income from the spun-off real estate. This erosion of the corporate tax base concerns lawmakers (who have proposed prohibiting tax-free REIT spinoffs), some economists, and the media. Another concern is that the IRS has extended REIT classification to entities that hold non-traditional real estate, such as telecommunications infrastructure, billboards, oil and gas pipeline systems, timber, casinos, prisons, and data centers. The extension of REIT taxation to nontraditional real estate may not erode the corporate tax base because the assets may come from non-corporate entities. Thus, the tax-revenue effect of REIT taxation extends beyond REIT spinoffs and the erosion of the corporate tax base. Nonetheless, intuition suggests that more REIT spinoffs, the expansion of REIT taxation, and the growth of the REIT industry must erode the corporate tax base and significantly reduce government tax revenue. This Article challenges that intuition and presents two counterintuitive findings. First, it shows that REIT spinoffs can actually increase tax revenue even though they erode the corporate tax base. Second, it reveals that loss of tax revenue from REIT taxation primarily results from REITs forming from partnerships, not from REIT spinoffs. The Article concludes by recommending how these findings should influence discussions of REIT reform.

January 29, 2015 in Scholarship, Tax | Permalink | Comments (0)

Murphy: Pragmatic Administrative Law and Tax Exceptionalism

Richard Murphy, Pragmatic Administrative Law and Tax Exceptionalism, 64 Duke L.J. Online 21 (2014):

This Essay responds to the 2014 Duke Law Journal Administrative Law Symposium. Its principal contention is that courts and other commentators should give due weight to the history and virtues of the evolution of administrative law in the United States—and consider embracing the pragmatism and flexibility that it enables—in applying general principles of administrative law in the tax context.

January 29, 2015 in Scholarship, Tax | Permalink | Comments (0)

Hill: The Associate Dean for Research in the Age of the Internet

B. Jessie Hill (Case Western), The Associate Dean for Research in the Age of the Internet, 31 Touro L. Rev. ___ (2015):

In this brief essay, written for a Touro Law Review symposium issue on the role of the associate dean for research and scholarship, I reflect on how the increasing centrality of the Internet to research and scholarship affects the way the Associate Dean for Research might do her job, and I describe some of the measures that seem to be effective in light of this new state of affairs.

January 29, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Pierce: Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision is Adequate?

Richard J. Pierce, Jr. (George Washington), Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision is Adequate?: A Response to Steve Johnson, 64 Duke L.J. Online 1 (2014):

This Essay responds to Professor Steve Johnson’s Article for the 2014 Duke Law Journal Administrative Law Symposium, Reasoned Explanation and IRS Adjudication [63 Duke L.J. 1771 (2014)]. I first describe the ways in which courts have added burdensome procedures that are not required by the APA for the notice and comment process. Next, I explain why the Office of Information and Regulatory Affairs (OIRA) is better than courts at reviewing the adequacy of agency reasons for issuing a rule. Finally, I explain how courts can eliminate judicial review for the adequacy of the reasons IRS gives for issuing a rule by applying the traditional broad interpretations of the Anti-Injunction Act and the tax exception to the Declaratory Judgment Act.

January 29, 2015 in Scholarship, Tax | Permalink | Comments (0)

Wednesday, January 28, 2015

Slack Presents The Political Economy of Property Tax Reform Today at Toronto

Enid SlackEnid Slack (Toronto) presents The Political Economy of Property Tax Reform at Toronto today as part of its James Hausman Tax Law and Policy Workshop Series:

Property taxes are generally considered by economists to be good taxes, and many countries are being advised to increase and improve their property taxes. In practice, however, property tax reforms have often proved to be difficult to carry out successfully. This paper discusses why property taxes are particularly challenging to reform and suggests several ways in which efforts to reform this tax may become more successful in the future. After a brief introductory section on the ‘disconnect’ between the economics and the politics of property tax reform, Section 2 summarizes recent experiences in five OECD countries with property tax reform. Against this background, Section 3 sets out the key elements of a good property tax reform and Section 4 discusses several aspects of property tax reform that seem to have derailed or distorted reforms in practice. Unfortunately, some of the solutions countries have adopted to deal with such problems are themselves problematic, either because they do not really solve the problem or because they hamper rather than work towards the establishment of a good property tax. Fortunately, as Section 5 outlines, it is possible to devise strategies for property tax reform that incorporate more acceptable solutions to most problems. As Section 6 concludes, good property tax reform is not easy. But it can definitely be achieved if an appropriately designed reform package is properly introduced and implemented.

January 28, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Fleming, Peroni & Shay: Formulary Apportionment in the U.S.

J. Clifton Fleming (BYU), Robert J. Peroni (Texas) & Stephen E. Shay (Harvard), Formulary Apportionment in the U.S. International Income Tax System: Putting Lipstick on a Pig?, 36 Mich. J. Int'l L. ___ (2015):

Perhaps surprisingly, this Article has shown that the debate over formulary apportionment is little more than an alternative path to the larger debate over worldwide taxation versus territorial taxation. The present U.S. international income tax regime for U.S. MNEs is an implicit, overly-generous, and incoherent quasi-territorial system that relies on residence rules, source rules, and the arm’s-length approach to apportion international business profits between domestic income that is currently taxable by the United States and foreign income that is effectively exempt, or nearly so, from U.S. taxation because of deferral and cross-crediting. This version of territoriality is quite ugly because it is highly complex and it imposes only modest restraints on the ability of U.S. MNEs to shift income out of the U.S. tax base to low-tax foreign countries.

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January 28, 2015 in Scholarship, Tax | Permalink | Comments (0)

Cockfield: David Foster Wallace on Tax Policy

Pale KingArthur J. Cockfield (Queen's University), David Foster Wallace on Tax Policy, How to Be an Adult, and Other Mysteries of the Universe, 15 Pitt. Tax Rev. ___ (2015):

As one of the most highly acclaimed fiction writers of his generation, David Foster Wallace had many things to say on a seemingly endless variety of topics. In his last work, the unfinished novel The Pale King, he chose to elaborate on, of all things, tax policy and tax administration. Wallace directed tax topics at one of the novel’s main themes: true adulthood often involves overcoming boredom in the workplace to derive a sense of community and care for others. In a sense, the book serves as a guide on how to become a reasonably happy and fulfilled adult. This Essay integrates archival research from the Collected Works of David Foster Wallace at the Harry Ransom Center at the University of Texas at Austin.

Prior TaxProf Blog coverage:

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January 28, 2015 in Book Club, Scholarship, Tax | Permalink | Comments (0)

Tuesday, January 27, 2015

Kamin Presents Designing Legislation That Responds to Fiscal Uncertainty Today at NYU

Kamin (2015)David Kamin (NYU) presents In Good Times and Bad: Designing Legislation That Responds to Fiscal Uncertainty at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

Congress often moves slowly to change tax and spending laws when circumstances change, but there are ways to design legislation to anticipate and prevent the tendency towards “policy drift.”

Enactment of major pieces of legislation tends to be followed by periods of legislative stasis, even when economic conditions change. Policies during the Great Recession are an example of this. The Great Recession proved significantly deeper than forecasters had predicted, when the American Recovery And Reinvestment Act was enacted, but but as new information became available, Congress did little to alter the fiscal stimulus in response, other than to continue some expiring provisions.

There are ways to design legislation to anticipate and prevent the tendency towards “policy drift.” This paper identifies four mechanisms: delegation of legislative authority to administrative agencies, triggers that either automatically adjust policy for changed circumstances or try to force an issue onto Congress’s agenda, expirations of legislation that sunset laws on a predetermined date, and indexing to adjust policy in discrete increments in response to changes in conditions.

 
Responsive to Economic Conditions
Easy for Congress to Initiate
Reduces Uncertainty
Holds Congress Accountable
1. Delegation of legislative authority
2a. Automatic-adjustment triggers
2b. Alarm Bell Triggers
3. Expiration Dates for Legislation
4. Indexing
= Yes     = No     = Mixed    

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January 27, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

McCormack: (Over-)Taxing the Working Family

Shannon Weeks McCormack (University of Washington), Uncle Sam and the Childcare Squeeze: (Over-)Taxing the Working Family:

Today, it is more common for families to consist of two earners than one, and parents increasingly report that they require two incomes to make ends meet. But parents lucky enough to find themselves employed will also find themselves in the “childcare squeeze.” With childcare costs representing one of the highest costs incurred by young families, today’s working parents spend a strikingly large percentage of their income on childcare in order to work away from the home. Worse still, other families find themselves “squeezed out” entirely, unable to find employment with wages high enough to pay soaring childcare expenses. This Article describes the role that two provisions of the Internal Revenue Code have played in creating and aggravating these hardships and provides a blueprint for meaningful reform that will prevent the pervasive over-taxation of the working family.

January 27, 2015 in Scholarship, Tax | Permalink | Comments (0)

Blair-Stanek: Intellectual Property Law Solutions to Tax Avoidance

Andrew Blair-Stanek (Maryland), Intellectual Property Law Solutions to Tax Avoidance, 62 UCLA L. Rev. 2 (2015):

Multinational corporations use intellectual property (IP) to avoid taxes on a massive scale, by transferring their IP offshore for artificially low prices. Economists estimate that this abuse costs the U.S. Treasury as much as $90 billion each year. Yet tax policymakers and scholars have been unable to devise feasible tax-law solutions to this problem. This Article introduces an entirely new solution: change IP law rather than tax law. Multinationals’ tax-avoidance strategies rely on undervaluing their IP. This Article proposes extending existing IP law so that these low valuations make it harder for multinationals subsequently to litigate or to license the IP. For example, transferring a patent for a low price to a tax-haven subsidiary should make it harder for the multinational to demonstrate the patent’s validity, a competitor’s infringement, or entitlement to any injunctions. The low transfer price should also weigh toward lower patent damages and potentially even a finding of patent misuse. Extending IP law in such ways would deter multinationals from using IP to avoid taxes. Both case law and IP’s theoretical justifications support this approach, which also has the counterintuitive benefit of encouraging the flourishing of creative professionals such as inventors and authors.

January 27, 2015 in Scholarship, Tax | Permalink | Comments (0)

Encouraging Engaged Scholarship: Perspectives from an Associate Dean for Research

Sonia Katyal (Fordham), Encouraging Engaged Scholarship: Perspectives from an Associate Dean for Research, 31 Touro L. Rev. ___ (2015):

Today, there is little question that faculty scholarship is intimately related to the reputation of a law school, and also relatedly, to the law school rankings game. Central to this reality are some emergent administrative positions — the position of Associate Dean for Research, for example — which carry important possibilities for a law school, both internally and externally, in terms of promoting attention to scholarship. Yet this position, which has only recently emerged in law schools over the last twenty years, is also one that is largely fluid and often determined by the relative institutional capabilities of the rest of the University administration, in addition to the larger landscape of legal education. Because there is no precise one size fits all model for an Associate Dean, the fluidity of the position enables us to consider a range of variables that impact scholarly visibility, both internally within a law school community, and externally within the larger scholarly world. How can we, as Associate Deans, strive to support the productivity of faculty members in these shifting times? How can Associate Deans navigate complex social relations on faculties, where issues of gender, race, class, and other variables often abound? How can we draw attention to scholarly endeavors at a time when law schools are undergoing a massive transformation for the future? How can we ensure that legal scholarship remains relevant and important? How can we value the many types of scholarly contributions that our faculty can make, without imposing a narrow view of what counts as “serious” scholarship?

Answering these questions is not an easy task. Just as there are many different types of research and scholarship, there are many different roles for an Associate Dean for Research. As Associate Dean for Research at Fordham, and one of the small number of minority women who have held this position in law school academia, I have been struck by how many of these issues can be indirectly tied to traditional, institutional questions about building a law school community. Here, questions about identity, seniority, productivity, and interdisciplinary scholarship emerge, often without clear answers. Indeed, also, identity politics — not just demographic identities, but institutional identities — affect so many of the range of questions that surround productivity and the way in which research is valued and embraced in a law school community. Mainstream law review publications, clearly, are an essential part of every law faculty in the country, and should be valued and encouraged, but an administration, should also have a greater sense of the importance of other types of engaged scholarship. Here, I draw on the history and trajectory of American Indian legal scholarship as an illustrative example.

For my perspective, see The Associate Dean for Faculty Research Position: Encouraging and Promoting Scholarship, 33 U. Tol. L. Rev. 233 (2001) (Leadership in Legal Education Symposium) (with Joseph P. Tomain):

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January 27, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Monday, January 26, 2015

Spring 2015 Law Review Article Submission Guide

Nancy Levit (UMKC) & Allen Rostron (UMKC) have updated their incredibly useful document, which contains two charts for the Spring 2015 submission season covering 204 law reviews.

The first chart (pp. 1-52) contains information gathered from the journals’ websites on:

  • Methods for submitting an article (such as by e-mail, ExpressO, regular mail, Scholastica, or Twitter)
  • Any special formatting requirements
  • How to request an expedited review
  • How to withdraw an article after it has been accepted for publication elsewhere

The second chart (pp. 53-59) contains the ranking of the law reviews and their schools under six measures:

  • U.S. News: Overall Rank
  • U.S. News: Peer Reputation Rating
  • U.S. News: Judge/Lawyer Reputation Rating
  • Washington & Lee Citation Ranking
  • Washington & Lee Impact Factor
  • Washington & Lee Combined Rating

They also have posted a list of links to the submissions information on each law journal’s website. Nancy notes:

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January 26, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Sunday, January 25, 2015

Top 5 Tax Paper Downloads

SSRN LogoThere is a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new #1 paper and a new paper debuting on the list at #5:

  1. [230 Downloads]  The Rise and Fall of the Consumption Tax: A Historical Perspective, by Reuven Avi-Yonah (Michigan)
  2. [216 Downloads]  Important Developments in Federal Income Taxation (2014), by Edward A. Morse (Creighton)
  3. [169 Downloads]  Do Audits Matter?: A Parallax Theory of the Relation between Tax Enforcement and Underreporting, by J. T. Manhire (U.S. Treasury Department)
  4. [139 Downloads]  Thomas Piketty and Inequality: Legal Causes and Tax Solutions, by Paul L. Caron (Pepperdine)
  5. [139 Downloads]  Return on Political Investment in the American Jobs Creation Act of 2004, by Hui Chen (Zurich), Katherine Gunny (Colorado) & Karthik Ramanna (Harvard)

January 25, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)