May 2008 Vol. 106 No. 7 THE REVIEW
ARTICLES

Corporate Taxation and International Charter Competition

Mitchell A. Kane & Edward B. Rock

Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system’s capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market.

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Property Rules, Liability Rules, and Uncertainty about Property Rights

Stewart W. Sterk
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On Communication

John Greenman
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NOTES

Is There a Duty?: Limiting College and University Liability for Student Suicide

Susanna G. Dyer

This Note argues that nonclinician administrators employed by institutions of higher education do not have a special relationship with their students such that they have a duty to act with reasonable care to prevent a foreseeable student suicide. Courts that have in recent years ruled to the contrary have done so by incorrectly basing their duty-of-care analysis on foreseeability of harm alone. With an eye toward a proper duty-of-care analysis, this Note analyzes multiple factors to reach its conclusion, including the ideal relationship between colleges and their students and the burden on and capability of colleges to protect their students from a particular harm. 

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Categorizing Categories: Property of the Estate and Fraudulent Transfers in Bankruptcy

Michael R. Cedillos
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Hacking into International Humanitarian Law: The Principles of Distinction and Neutrality in the Age of Cyber Warfare

Jeffrey T.G. Kelsey
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& Other Current Events

How the Gun-Free School Zones Act Saved the Individual Mandate

  For all the drama surrounding the Commerce Clause challenge to the individual mandate provision...

Citing Orin Kerr from MLR Volume 102, the Court addresses the controversy over GPS trackers and the Fourth Amendment

The Supreme Court's opinion in United States v. Jones, on GPS trackers and the Fourth Amendment, cited...

Inside Agency Preemption

A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal...

Criminal Sanctions in the Defense of the Innocent

  Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard...

On Strict Liability Crimes: Preserving a Moral Framework for Criminal Intent in an Intent-Free Moral World

The law has long recognized a presumption against criminal strict liability. This Note situates that...
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