Regulating Retail Vacancy Rates: A Survey Article
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Recommended Citation
Will Bunting, Regulating Retail Vacancy Rates: A Survey, 51 Real Estate Law Journal 127 (2023)Clicking on the button will copy the full recommended citation.
2023
No Migration Without Taxation: State Exit Taxes Article
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Recommended Citation
Andrew D. Appleby, No Migration Without Taxation: State Exit Taxes, 60 Harv. J. on Legis. 55 (2023)Clicking on the button will copy the full recommended citation.
The movement of people and the movement of money are often discrete. As such, governments can address the effects of each separately. Because residence provides a general jurisdictional basis for state personal income taxation, however, money often moves with people. States must disentangle the two to prevent tax base erosion and improve distributional equity, particularly with many highnet-worth individuals migrating to states with more favorable tax regimes. A state exit tax may be the answer.
This Article begins by examining exit tax theory and advancing novel applications of theories that support subnational exit taxation, both domestically and internationally. With a robust theoretical and technical foundation, this Article turns to state and local exit tax design. This discussion examines constitutional constraints to address specific tax base migration challenges focusing on the justifications, distributional impact, and optimal exit tax design features to address each situation.
If a state has a solid theoretical foundation and incorporates proper design principles, as this Article provides, an exit tax can effectively mitigate tax base migration while aligning with prevailing policy goals and avoiding constitutional infirmities.
A Simple Unifying Framework for Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, and Derivative Contracts Article
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Recommended Citation
Will Bunting, A Simple Unifying Framework for Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, and Derivative Contracts, 25 U. Pa. J. Bus. L. 295 (2023)Clicking on the button will copy the full recommended citation.
The Article proceeds as follows: Part II examines how the law defines the following three risk transactions: (1) securities investments, (2) insurance, and (3) gambling. Part III introduces a theoretical model of bilateral risk transactions and applies this model to the three different types of risk transactions surveyed in Part II. Part III introduces three baseline models of bilateral risk transaction: (1) bilateral risk transfer, (2) bilateral risk creation, and (3) bilateral risk destruction and extends these models to include two additional variables: (1) endogenous risk, and (2) risk mitigation. The addition of these two variables narrows the broad definition of a bilateral risk transaction to include the three risk transactions examined in Part II. Other types of bilateral risk transactions are also considered, including derivative contracts. Highlighting two main regulatory concerns in connection with bilateral risk transactions, (1) moral hazard or fraud, and (2) risk mitigation, Part IV summarizes how the current regulatory environment addresses these two concerns and explores possible regulatory gaps suggested by the baseline models.
Experience of Parents with Psychiatric Disabilities with Child Welfare Involvement: Perspectives from Parents and Staff Providing Legal Services Article
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Recommended Citation
Miriam Heyman et al., Experience of Parents with Psychiatric Disabilities with Child Welfare Involvement: Perspectives from Parents and Staff Providing Legal Services, 101 Child Welfare 83 (2023)Clicking on the button will copy the full recommended citation.
Parents with psychiatric disabilities confront extensive discrimination, often resulting in child welfare system involvement. Stigma and discrimination pervade the experiences of parents with psychiatric disabilities within the child welfare system, resulting in poor outcomes. This study explores these experiences, including barriers and facilitators to the provision of supports and meaningful legal services, for parents with psychiatric disabilities who have child welfare system involvement. Through interviews with 13 employees and seven parents with psychiatric disabilities, barriers and facilitators are identified. Implications for the child welfare and legal professions, and for future research, are highlighted.
The Internet Tax Freedom Act at 25 Article
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Recommended Citation
Walter Hellerstein and Andrew D. Appleby, The Internet Tax Freedom Act at 25, 107 Tax Notes State 7 (2023)Clicking on the button will copy the full recommended citation.
In October 1998, Congress enacted the Internet Tax Freedom Act (ITFA), a temporary three-year “moratorium” on the enactment of new state and local “taxes on Internet access” and on “multiple or discriminatory taxes on electronic commerce.” After extending the act temporarily several times, Congress, in 2016, finally and controversially struck the language temporarily extending the act, thereby making it permanent.
With its idiosyncratic legislative history and statutory language, as well as the recent attention it has received in connection with legal challenges to digital services and analogous taxes, we thought it would be appropriate to commemorate ITFA’s 25th birthday by reviewing the act and the litigation it has spawned and to consider whether it is “fit for service” in today’s digital economy.