The US Tax Code allows defendants to treat punitive damages as an ordinary and necessary business expense, thereby reducing their taxable income. Legal scholars posit that jurors are unaware that punitive damages are tax-deductible. Consequently, they claim that there is an under-punishment...

After the 2008 recession it is difficult to imagine billions of dollars being invested in publicly-traded entities with little regulation of board conflicts and no fiduciary duty protection for investors, and yet that is precisely the case for more than $516 billion of investments. Investors...

Strategic ignorance rarely has been an official U.S. administrative policy. Rather, sunshine and transparency have been the rally cry for those seeking to combat discrimination, bias, and corruption. Strategic ignorance, however, may have greater utility for government administration than may...

This Article argues that sustainability can and should be applied to taxation to ameliorate the effects of industrialization on society and the planet. In making the case for a sustainability approach to taxation, we suggest that prior approaches to tax policy analysis have been insufficiently...

Hundreds of thousands of corporations report net operating loss (NOL) carryovers every year. Corporations, with the benefit of NOL rules, may turn disappointing losses into favorable tax results. With an economic recovery on the horizon, corporations are in better position to fully utilize the...

Hundreds of thousands of corporations use net operating loss (NOL) carryovers every year. Corporations, with the benefit of NOL rules, may turn disappointing losses into favorable tax results. With an economic recovery on the horizon, corporations are in better position to fully utilize the...