The Problematic Forgotten Buyback
Yesha Yadav 91 Geo. Wash. L. Rev. 864 Totaling in excess of $100 billion dollars in transactions annually, debt buybacks allow a... Read More
Constitutional Double Standards: The Unintended Consequences of Reducing Police Presence
Ric Simmons 91 Geo. Wash. L. Rev. 817 In the wake of massive protests in the summer of 2020, many municipalities began... Read More
JRAD Redux: Judicial Recommendation Against Immigration Detention
Mary Holper 91 Geo. Wash. L. Rev. 561 There is a dire need for bail reform in the immigration detention system. Scholars... Read More
Hortatory Mandates
Nathan Cortez & Lindsay F. Wiley 91 Geo. Wash. L. Rev. 617 This Article is the first to describe “hortatory mandates” and... Read More
The Case for Taxing Away Unsustainable Profits
Allison Christians & Tarcísio Diniz Magalhães | 91 Geo. Wash. L. Rev. 697 | When businesses offload environmental and social costs on the public, the resulting profits are windfalls extracted from current and future taxpayers. Prevailing regulatory and tax remedies have not only failed to eliminate such profiteering, but they have in fact incentivized it. To prevent some from receiving windfalls while everyone else bears the costs, profits can be distinguished between sustainable profits, when costs are internalized, and unsustainable profits, when costs are externalized. While the former would remain subject to the traditional corporate income tax, the latter should be completely taxed away with a surtax. A viable way to achieve this is to combine advanced mechanisms for measuring environmental and social damage across supply chains with classic and emerging legal techniques for differentiating categories of income for tax purposes. Mobilized through the income tax system, these tools can be used to design a cutting-edge windfall tax on unsustainable profits. This Article makes the normative and practical case for doing so.
Pro-Choice Plans
Brendan S. Maher 91 Geo. Wash. L. Rev. 446 After Dobbs v. Jackson Women’s Health Organization, the United States Constitution may no... Read More
Police Policing Police
Zachary D. Kaufman 91 Geo. Wash. L. Rev. 353 Police killings of George Floyd and at least 2,218 other Black Americans since... Read More
Superfluous Judicial Activism: The Takings Gloss
Michael Allan Wolf 91 Geo. Wash. L. Rev. 287 In the summer of 2021, the Supreme Court released opinions in three Takings... Read More
States as Laboratories for Charitable Compliance: An Empirical Study
Eric Franklin Amarante 90 Geo. Wash. L. Rev. 445 Each year, the Internal Revenue Service (“IRS”) awards 501(c)(3), taxexempt status to thousands... Read More