Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogMason & Knoll on Tax Discrimination
By Lawrence Solum
Ruth Mason (University of Connecticut School of Law) & Michael S. Knoll (University of Pennsylvania Law School; University of Pennsylvania - Real Estate Department) have posted What is Tax Discrimination? (Yale Law Journal, Vol. 121) on SSRN. Here is the abstract:
-
Prohibitions of tax discrimination have long appeared in constitutions, tax treaties, trade treaties and other sources, but despite their ubiquity little agreement exists as to how such provisions should be enforced or defined. This has led prior commentators to conclude that tax discrimination is an incoherent concept. In this Article, we draw on both traditional and modern economic theory to develop coherent guidelines for interpreting tax nondiscrimination to require, in the alternative, locational neutrality, leisure neutrality, or competitive neutrality. Furthermore, we argue that in common markets, like the European Union and the United States, the best interpretation of the nondiscrimination principle is that it requires competitive neutrality, which prevents states from putting residents at a tax-induced competitive advantage or disadvantage relative to nonresidents. We show that, contrary to the prevailing view, maintaining a level playing field between resident and nonresident taxpayers requires neither tax rate harmonization nor equal taxation of residents and nonresidents. Our approach produces simple rules of thumb that provide states and courts with clear direction in writing tax laws and evaluating challenges to those laws.
Highly recommended.
Full post as published by Legal Theory Blog on March 31, 2011 (boomark / email).
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Discrimination
Federal laws prohibit discrimination on the basis of race, color, religion, sex, national origin, age, or disability
Immigration Related Employment Discrimination & Unfair Labor Practices
What to do about employers who discriminate because of national origin
Drive Through Discrimination
Jack-in-the Box pays undisclosed racial discrimination settlement to two customers.
Housing Buyer Discrimination
White homeowner settles $30,000 buyer-discrimination lawsuit.
American State Bank Discrimination
$225,000 settlement reached in hiring discrimination lawsuit.
Religious Discrimination
NMSU to pay $165,000 in Muslim discrimination settlement.
Age Discrimination Suit Settled for $8.75 Million
Age Discrimination Class Action Settled for $8.75 Million
Elderly Floridians Win Discrimination Class Action
Florida to Pay $27M Elderly Floridians Win Discrimination Class Action









