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Politics matters for tax as tax matters for politics. The high-minded Scottish economist Adam Smith had ‘four maxims of taxation’: 1) Tax should be progressive.
2) Tax should be certain, not arbitrary.
3) Tax should be paid at the time most convenient to the contributor.
4) Tax should take as little from the contributors as possible to pay for the state.
The US Constitution declares itself to be “the supreme law of the land.” Unfortunately, the meaning of the constitutional text is not always clear. Consider the abortion case Roe v. Wade.
In recent years, these videos [depicting police brutality] have become increasingly available to the public and widely disseminated, fueling the launch of the Black Lives Matter movement demanding justice for minority victims of police violence. Yet, little research has explored how video is impacting juries when police actually go to trial as defendants.
Since 1992, 3 December has been the International Day of Persons with Disabilities. According to the World Report on Disability, approximately one in five people in the world are disabled and are at heightened risk of exclusion, disadvantage, and poverty. Law plays an important role in tackling this inequality and exclusion. For the past decade, the United Nations Convention on the Rights of Persons with Disabilities (the Disability Convention) – an instrument of international law – has been both a catalyst and guide for legislative reform enhancing the equality and inclusion of disabled people. To what extent, though, is this Disability Convention influencing domestic case law?
In recent years, these videos [depicting police brutality] have become increasingly available to the public and widely disseminated, fueling the launch of the Black Lives Matter movement demanding justice for minority victims of police violence. Yet, little research has explored how video is impacting juries when police actually go to trial as defendants.
Through the power of precedent, international incidents involving the use of force help to clarify the meaning and interpretation of jus ad bellum, the corpus of rules arising from international custom and the United Nations Charter that govern the use of force. UN Charter Article 2(4) forbids states from using force in their international relations. Exceptions to this prohibition are acts taken in self-defence under UN Charter Article 51 or under the auspices of a UN Security Council authorization to use force under Article 42. States can also consent that another state use force in its territory, for example to combat rebel or terrorist actors. In certain cases, state practice gives rise to new interpretations of existing rules or novel exceptions emerge.
What does it mean to be an academic? To be an academic working in environmental law? One part of our multi-faceted role is what I am calling “public service”—trying to make our small portion of the world a slightly better place. Public service is difficult. Its demands, however, are rather similar to those we face […]
In England and many other countries around the world, the standard of proof to be met by the prosecution in order for the jury to convict an accused is proof “beyond reasonable doubt” or proof that makes the jury “sure” of guilt. These phrases are supposed to convey a very high standard of proof.
Environmental law has not been taught or seen as a ‘core’ legal subject, giving environmental law academics freedom to teach the subject in many different ways. This structural sidelining, however, belies important questions about how teaching environmental law relates to the core of legal learning. We are not suggesting that there is a core of […]
With the 2018 U.S. midterm elections quickly approaching, it’s important that Americans feel prepared to enter the voting booths. To help our U.S. readers feel better prepared on election day, we created a quiz to test your knowledge on key political issues.
The International Bar Association Annual Conference will be held in Rome from 7th October through 12th October. It is one of the largest annual events for international lawyers, renowned for its exceptional line-up of speakers from around the world, excellent networking opportunities, and global mission to promote and develop key issues in law.
The Logan Act won’t go away. Most recently, prominent commentators criticized former Secretary of State John Kerry’s conversations with the leaders of Iran, arguing that such discussions violated the Logan Act.
The United States midterm elections will decide who controls the Senate and House during the remaining years of the Trump Administration’s first term. In order for the Democrats to gain control over the House, they would need to see a net gain of 24 seats. To regain control of the Senate, Democrats would need to keep all of their seats and capture two of the Republican seats for a 51-49 majority. Of the seats up for election, 35 are held by Democrats, and 9 are held by Republicans. We’ve pulled together a collection of related books, articles, and social media content to help our readers better understand these elections. Be sure to check back each week, and follow our hashtag #BallotReady for more Midterms 2018 content.
Does the new federal tax law, commonly known as the Tax Cut and Jobs Act (TCJA), tax churches as some have argued? If so, is this tax appropriate? The answers are “yes” and “yes.” The TCJA provisions taxing qualified transportation fringes treat secular and religious employers alike, including houses of worship. In a world of […]
Recently, Israel’s Knesset passed by a 62-55 margin, Basic Law: Nation-State. Israel does not have a formal constitution, but rather a set of basic laws with quasi-constitutional status. Among these basic laws are those that deal with structural issues, as well as those that anchor human and civil rights.
I have spent most of the last 30 years in a Sisyphean state of writing and rewriting an environmental law textbook. The process of producing new editions every 2-4 years has involved too many late nights, missed holidays, and general angst.