Mostrando recursos 1 - 20 de 145

  1. Treasury Can Close a Potential Loophole in the Treatment of Deferred Foreign Income in the Tax Cuts and Jobs Act – Will It Act?

    Shay, Stephen E.
    This paper points out a potential TJCA loophole allowing a reduction in aggregate foreign cash subject to the 15.5% rate unless Treasury takes steps to implement an anti-abuse rule. If Treasury does not act, aggressive taxpayers may be rewarded and cautious taxpayers may have incentives to make second-best uses of their offshore cash. This potential loophole can have material revenue consequences and is an example of the costs of rushed legislative consideration of tax legislation without adequate time to review and analyze bill text.

  2. The intrinsic value of choice: The propensity to under-delegate in the face of potential gains and losses

    Bobadilla-Suarez, Sebastian; Sunstein, Cass R.; Sharot, Tali
    Human beings are often faced with a pervasive problem: whether to make their own decision or to delegate the decision task to someone else. Here, we test whether people are inclined to forgo monetary rewards in order to retain agency when faced with choices that could lead to losses and gains. In a simple choice task, we show that participants choose to pay in order to control their own payoff more than they should if they were to maximize monetary rewards and minimize monetary losses. This tendency cannot be explained by participants’ overconfidence in their own ability, as their perceived...

  3. A Layered Model for AI Governance

    Gasser, Urs; Almeida, Virgilio A.F.
    AI-based systems are “black boxes,” resulting in massive information asymmetries between the developers of such systems and consumers and policymakers. In order to bridge this information gap, this article proposes a conceptual framework for thinking about governance for AI.

  4. Tax Reform – Process Failures, Loopholes and Wealth Windfalls

    Shay, Stephen E.
    This paper argues that the rushed legislative consideration of tax reform proposals without adequate time to review and analyze bill text has left open unintended loopholes. The paper identifies a loophole that would benefit multinationals in the proposals’ “repatriation holiday” provisions that if not fixed could result in large revenue losses. This loophole is illustrative of the pervasive failure in the proposals to incorporate guardrails around substantial rate reductions that would effectively police the many new boundaries between rate differences that the bill creates. Loopholes like that described in this paper are a sideshow compared to the proposals’ wealth windfall...

  5. Tax Reform – Process Failures, Loopholes and Wealth Windfalls

    Shay, Stephen E.
    This paper argues that the rushed legislative consideration of tax reform proposals without adequate time to review and analyze bill text has left open unintended loopholes. The paper identifies a loophole that would benefit multinationals in the proposals’ “repatriation holiday” provisions that if not fixed could result in large revenue losses. This loophole is illustrative of the pervasive failure in the proposals to incorporate guardrails around substantial rate reductions that would effectively police the many new boundaries between rate differences that the bill creates. Loopholes like that described in this paper are a sideshow compared to the proposals’ wealth windfall...

  6. Sperm donor anonymity and compensation: an experiment with American sperm donors

    Cohen, Glenn; Coan, Travis; Ottey, Michelle; Boyd, Christina
    Abstract Most sperm donation that occurs in the USA proceeds through anonymous donation. While some clinics make the identity of the sperm donor available to a donor-conceived child at age 18 as part of ‘open identification’ or ‘identity release programs,’ no US law requires clinics to do so, and the majority of individuals do not use these programs. By contrast, in many parts of the world, there have been significant legislative initiatives requiring that sperm donor identities be made available to children after a certain age (typically when the child turns 18). One major concern with prohibiting anonymous sperm donation...

  7. Should Governments Invest More in Nudging?

    Benartzi, Shlomo; Beshears, John; Milkman, Katherine L.; Sunstein, Cass R.; Thaler, Richard H.; Shankar, Maya; Tucker-Ray, Will; Congdon, William J.; Galing, Steven
    Governments are increasingly adopting behavioral science techniques for changing individual behavior in pursuit of policy objectives. The types of “nudge” interventions that governments are now adopting alter people’s decisions without coercion or significant changes to economic incentives. We calculated ratios of impact to cost for nudge interventions and for traditional policy tools, such as tax incentives and other financial inducements, and we found that nudge interventions often compare favorably with traditional interventions. We conclude that nudging is a valuable approach that should be used more often in conjunction with traditional policies, but more calculations are needed to determine the relative...

  8. Is Cost-Benefit Analysis a Foreign Language

    Sunstein, Cass Robert
    Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This finding reinforces, and makes more plausible, a central claim in regulatory policy, which involves the value of cost-benefit analysis. In a sense, cost-benefit analysis is a foreign language, and it reduces the risk that people will rely on intuitions that cause serious errors. (Do people think better in a foreign language? D'une certaine façon, oui. Il existe des preuves considérables à...

  9. Is Cost-Benefit Analysis a Foreign Language

    Sunstein, Cass Robert
    Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This finding reinforces, and makes more plausible, a central claim in regulatory policy, which involves the value of cost-benefit analysis. In a sense, cost-benefit analysis is a foreign language, and it reduces the risk that people will rely on intuitions that cause serious errors. (Do people think better in a foreign language? D'une certaine façon, oui. Il existe des preuves considérables à...

  10. Review of Apology to Utopia: The Structure of International Legal Argument, by Martti Koskenniemi

    Kennedy, David W.

  11. New Approaches to Comparative Law: Comparativism and International Governance

    Kennedy, David W.

  12. Book Review: Review of The Right of Conquest: The Acquisition of Territory by Force in International Law Practice, by Sharon Korman

    Kennedy, David W.

  13. Directions for International Tax Reform:, Hearing Before the U.S. Senate Committee on Finance, Hearing on International Tax Reform

    Shay, Stephen E.
    Testimony before the U.S. Senate Committee on Finance Hearing on International Tax Reform, October 3, 2017. Objectives for Tax Reform Tax reform should maintain or enhance our tax system’s current level of progressivity in distributing tax burdens and benefits. The most significant social welfare fact today is that the income of middle and lower income workers has stagnated in recent decades and a disproportionate share of income growth has accrued to those with highest incomes—the top 1%. While we have recovered from the recession and middle and lower income workers have made some gains, the disparity between high-income and middle- and...

  14. Fairness For All Students Under Title IX

    Bartholet, Elizabeth; Gertner, Nancy; Halley, Janet E.; Gersen, Jeannie Suk
    Four feminist law professors at Harvard Law School have called on the U.S. Department of Education to revise the previous Administration’s policies on sexual harassment and sexual assault on campus. In a memo submitted to the Education Department yesterday, they set out an agenda of fairness for all students, accusers and accused. In recent years the Education Department has pressured colleges and universities to adopt overbroad definitions of wrongdoing that are unfair to both men and women, and to set up procedures for handling complaints that are deeply skewed against the accused and also unfair to accusers. Janet Halley and Jeannie...

  15. Assessing BEPS: Origins, Standards, and Responses

    Shay, Stephen E.; Christians, Allison
    The G20/OECD’s multi-year campaign to combat base erosion and profit shifting (BEPS) marks a critical step in the evolution of the international tax regime and the roles of institutions that guide it. This General Report for Subject 1, IFA Congress 2017, provides a snapshot of the outcomes of the BEPS project by comparing national responses to key mandates, recommendations and best practices through the end of October, 2016 based on National Reports representing the perspectives of 48 countries. These National Reports reveal that the impact of the BEPS initiative on a particular country corresponds to at least three key factors,...

  16. Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and U.N. General Assembly

    Burniske, Jessica; Modirzadeh, Naz Khatoon; Lewis, Dustin Andrew
    Several significant legal, policy, and practical concerns are at issue in whether armed non-state actors (ANSAs) will ultimately be recognized—by all relevant institutions and actors—as bearing human-rights obligations in general under international law in a manner previously reserved primarily for states. In considering this set of issues, it is important to clarify what obligations, if any, the United Nations (U.N.) Security Council and the U.N. General Assembly recognize ANSAs as possessing under IHRL. This June 2017 Briefing Report with Annexes provides an overview of research conducted by HLS PILAC concerning modalities in which the U.N. Security Council and the U.N....

  17. Making the Case for a National Food Strategy in the United States

    Broad Leib, Emily Michele; Beyranevand, Laurie J.
    Presently, in the United States there is a fair amount of speculation regarding the future of food and agricultural laws and policies, given the recent election of a new president. Based on campaign rhetoric and comments since the election, the next four-to-eight years could signal a dramatic shift in a variety of food policy areas, including specific provisions of the Farm Bill, incentives for local food systems and organic farmers, and conservation on farms. Additionally, the new Administration has been exceedingly vocal about immigration reform, which will have significant impacts on the food and farming sectors. 

 The concept of a national...

  18. Reflections on the hope poster case

    Fisher, William W.; Cost, Frank; Fairey, Shepard; Feder, Meir

  19. Ideology, Religion, and the Constitutional Protection of Private Property, 1760-1860

    Fisher, William W.
    In several recent essays, legal scholars have examined the impact of popular ideologies on the substance and early interpretation of the original federal and state constitutions. 1 This Article seeks to refine that body of literature in three ways. First, drawing on work by social and intellectual historians, it argues that the political outlooks in general circulation in British North America during the Revolutionary and post-Revolutionary periods were more numerous -- and the relationships among them more complex -- than the bulk of the literature suggests. Second, it contends that the content and relative strength of those outlooks were affected...

  20. The Jurisprudence of Justice Marshall

    Fisher, William W.

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