A Tisket, a Tasket: Basketing and Corporate Tax Shelters

Leandra Lederman
In an income tax system that comported with the economic, or Haig-Simons, definition of income, deductible expenses would not face sourcebased limitations. A true Haig-Simons income tax system therefore would not take the schedular approach of sorting different types of expenses and losses into distinct conceptual “baskets” containing corresponding types of income. Practical realities often require departing from the Haig-Simons norm, however. The U.S. federal income tax system does require…

Overcoming Tradeoffs in the Taxation of Punitive Damages

Dan Markel
As explained in a companion piece, there is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they believe will best “punish” the defendant. But, in fact, business defendants are not always punished to the degree that the jury intends. This is because jurors do not take into account the fact that these businesses are allowed to deduct their punitive damages awards.…

Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism

Nathan B. Oman
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international…

Sucking the Air out of Wind Energy: Nuisance Litigation and Its Effect on Wind Energy Development

Ryan Kusmin

From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework

Micah Zeller

How the U.S. Government’s Market Activities Can Bolster Mobile Banking Abroad

Colin C. Richard
To combat corruption and increase the effectiveness of foreign aid, the United States should require that all of its foreign aid distributions, reconstruction projects, and payments for services abroad go through banking channels — that is, the U.S. government should strive to eliminate cash transactions whenever possible. In U.S. operations in many parts of the developing world, this will mean utilizing nascent mobile banking industries, an event that will have…