Search results

1 – 10 of 12
Book part
Publication date: 6 September 2000

Adam Karp

Discrimination law has evolved from litigating or prosecuting overt, individual cases of egregious behavior solely by means of anecdotal evidence and eyewitness testimony…

Abstract

Discrimination law has evolved from litigating or prosecuting overt, individual cases of egregious behavior solely by means of anecdotal evidence and eyewitness testimony. Statistical evidence came to bear the imprimatur of the United States Supreme Court in the Seventies as a probative means of discerning guilt or liability, and has been used to shore up patterns of prejudice at a systemic level since. Courtrooms of the Twenty-First Century have struggled to define discrimination through a quantitative lens, nonetheless relying on qualitative evidence to assist the factfinder in rendering a verdict. Some definitions carry more precision and accuracy than others. Consider the inflammatory National Law Journal's indictment of the United States Environmental Protection Agency (‘EPA’) as an example of the latter. In 1992, the National Law Journal ran a Special Investigation of the EPA, claiming that the federal government had fostered a racist imbalance in hazardous site cleanup and its pursuit of polluters. Kudos to the columnists for bringing environmental equity into the spotlight of public debate and for forewarning and encouraging the EPA to conduct its enforcements reflectively, in order to avoid being on the receiving end of a Title VI lawsuit. Nonetheless, the methodology used by the National Law Journal belies a total understanding of the bureaucratic structure that pursued these actions and of the notion of statistical significance. This Article confines itself to Region X's actions between 1995 and 1999, applying linear regression and other statistical tests to determine whether biases, found using the National Law Journal's naive methodology, stand after due consideration of chance. The NLJ approach finds evidence of bias, but the author also conducts more complicated and appropriate analyses, such as those contemplated by the National Guidance. After issuing some provisos, the author dismisses charges of racism or classism. While the National Guidance represents a positive first step in identifying environmental justice communities, those with an above-average proportion of lower-class or non-Caucasian inhabitants, it lacks statistical sophistication and econometric depth. This Article concludes by recommending the use of normalized racial distributions, Gini coefficients, and Social Welfare Functions to the EPA and to other organizations conducting environmental justice analysis.

Details

Research in Law and Economics
Type: Book
ISBN: 978-1-84950-022-7

Book part
Publication date: 10 October 2014

Shinichi Ishizuka

The number of reported cases for Japanese Penal Code offenses amounted to 2.5 million in 1997 and increased every year, reaching 3.6 million in 2002 and 2003. However, the number…

Abstract

Purpose

The number of reported cases for Japanese Penal Code offenses amounted to 2.5 million in 1997 and increased every year, reaching 3.6 million in 2002 and 2003. However, the number decreased from 2004 to 2008 to 2.5 million. Almost throughout the same period, the number of cases and persons cleared remained comparatively steady between 1.3 and 1.5 million and 1 and 1.2 million respectively, but the latter finally fell below one million in 2011. In this chapter I describe such a rise and fall as a “Mt. Fuji-line” that appears as a mountain-shaped curve on a graph.

Design/methodology/approach

The Japanese government reacted to the increase of crimes, which was seen as a reflection of a weakened or broken security and safety. The most effective policy, it was thought therefore, was to increase the number of policemen. This policy followed the strategy of New York City, made famous by its then Mayor Giuliani, who declared “A War on Crimes” and increased the number of police officers by ten thousand to revive New York from “A Crime City.” As criminologists have experienced so-called “labeling shocks” and learned from the approach of symbolic interactionism, criminologists can no longer simply accept that statistical data reflect weakened or broken security issues. Agencies of criminal justice, especially police officers, use such data as statistical evidence to show that the crime situation got worse.

Findings

I argue that the rise and fall of crimes, especially the increasing and decreasing number of reported cases, reflects changes of crime control policies. I analyze the Mt. Fuji-line from 1998 to 2011. The increase of crimes as well as the weakened or broken security and safety functioned as evidence that justified the reinforcement of police power and a new criminal justice shift for a lay judge system in the rising phase (1998–2003). Since the concept of a bigger justice system needs, however, lots of personnel and material sources, the Japanese government eventually gave up sustaining it. Agencies used their discretion to skip petty crimes and divert suspects because of a reduction of excessive burdens and inappropriate prison population, but they stepped into a new stage to adjust their burdens, keeping their own empowered framework of criminal justice system. These changing policies resulted in the reduction of crime in a falling phase (2004–2011).

Originality/value

These phenomena are explained from the viewpoint of Jürgen Habermas’ crisis theory. I conclude that the framework and capacity of the Japanese criminal justice system grew far bigger and that original functions of crime control through criminal procedure became weaker by being outsourced to other peripheral social systems and agencies. Thus the crime control system has been successful in bringing about a net-widening effect.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

Book part
Publication date: 1 July 2024

Georgiy A. Korolev, Ekaterina A. Yastrebova, Anna F. Bogatyreva and Liubov A. Aslapovskaya

The research aims to comprehensively study a relatively new institute of Russian tax law – the value-added tax (VAT) office. For this purpose, the authors use the following…

Abstract

The research aims to comprehensively study a relatively new institute of Russian tax law – the value-added tax (VAT) office. For this purpose, the authors use the following research methods: logical, hypothetico-deductive, formal-legal, and comparative-legal. The research novelty is due to the subject of scientific analysis and the synthesis of the obtained research results. Particularly, the essential features of digital platforms are investigated. It is noted that the concepts of “digital platform” and “foreign company providing electronic services in Russia” are not identical. The research considers the foreign experience of tax accounting and VAT registration of companies. The simplicity of accounting of foreign companies is an important advantage of the tax jurisdiction: the simpler the grounds and procedure of registration, the more taxpayers express their intention for voluntary registration. Thus, the research discusses the problems of registration and deregistration, as well as the voluntary registration of such companies. Currently, 3,292 companies are registered in Russia, which indicates the success of this tax institution. Simultaneously, it is noted that there is a lack of law enforcement practice directly related to the VAT office. This order of things may testify in favor of the effectiveness of the complex of legal norms under consideration.

Details

Development of International Entrepreneurship Based on Corporate Accounting and Reporting According to IFRS
Type: Book
ISBN: 978-1-83797-666-9

Keywords

Book part
Publication date: 18 December 2016

Yaron Lahav and Galla Salganik-Shoshan

Our study concentrates exclusively on the domestic effective tax rate (ETR), with the purpose of finding and characterizing their financial determinants. Using data on almost…

Abstract

Our study concentrates exclusively on the domestic effective tax rate (ETR), with the purpose of finding and characterizing their financial determinants. Using data on almost 5,000 US companies between fiscal years 2003 and 2010, we use regression analysis to find that the domestic ETR is affected by company size (as measured by sales), the extent to which the company is leveraged, level of fixed assets intensity, and the state of the economy. In addition, we find that domestic ETRs are also affected by the company’s level of internationality, which counterintuitively implies that the greater the company’s international activity, the less domestic taxes it pays for every dollar of US income. Both financial managers and policy makers can use our findings to reduce tax liabilities domestically, and to improve corporate tax regulations. While several attempts are made in the literature to compare ETRs of corporations that reside in different geographic locations, this is the first to characterize ETR determinants.

Details

Advances in Taxation
Type: Book
ISBN: 978-1-78635-001-5

Keywords

Book part
Publication date: 15 May 2023

Oleksandr Fedirko and Nataliia Fedirko

Purpose: Evaluation of the reform of public policy of digital economy taxation in Ukraine under conditions of military threats.Need of the Study: The global digital transformation…

Abstract

Purpose: Evaluation of the reform of public policy of digital economy taxation in Ukraine under conditions of military threats.

Need of the Study: The global digital transformation of the economy gives the IT sector priority positions in shaping public policy goals. The world community is searching for optimal models of digital business taxation, which can enhance its global investment attractiveness. In 2021, Ukraine introduced new tax rules on digital services; however, the war launched on 24 February 2022 made irreversible changes for businesses. The Ukrainian government started a new special tax regime, whose impact on the business environment needs to be thoroughly studied.

Methodology: This research is based on the content analysis of the legal framework of state policy on taxation of digital economy services.

Findings: The authors found that the reforms in the taxation of digital economy services carried out in Ukraine are designed to create incentives for attracting foreign IT companies and can create an effective tax competitive advantage for our country. At the same time, the special facilitated tax regime for the period of martial law in Ukraine creates a certain buffer in counteracting the threatening economic consequences of the war in Ukraine.

Practical Implications: The study summarises major taxation amendments and special conditions under martial law in Ukraine that affect the development of the digital economy, which allows for assessing the consequences for the business environment in the national IT sector.

Details

Contemporary Studies of Risks in Emerging Technology, Part B
Type: Book
ISBN: 978-1-80455-567-5

Keywords

Book part
Publication date: 18 September 2017

Ioannis Stamatopoulos, Stamatina Hadjidema and Konstantinos Eleftheriou

This paper examines the corporate income tax compliance costs and their determinants by analyzing survey and financial statements data from firms operating in Greece. We find that…

Abstract

This paper examines the corporate income tax compliance costs and their determinants by analyzing survey and financial statements data from firms operating in Greece. We find that corporate tax compliance costs are of considerable size and vary with several firm-specific characteristics, including the firm’s size, its age, the sector in which it operates, its location, and its legal form. The paper intends to raise awareness regarding the impact of tax compliance costs, especially for countries, such as Greece, that were significantly affected by the economic and financial crisis.

Details

Advances in Taxation
Type: Book
ISBN: 978-1-78714-524-5

Keywords

Book part
Publication date: 9 December 2020

Jeremy Lee and Alexey Nikitkov

Consumption taxes are an integral part of government revenue in countries around the world and are often subject to consumer evasion. The rapid rise of electronic commerce has…

Abstract

Consumption taxes are an integral part of government revenue in countries around the world and are often subject to consumer evasion. The rapid rise of electronic commerce has exacerbated this problem as cross-border selling over the internet has enabled foreign businesses to sell and avoid collection and remittance of tax on their sales.

In this paper, we search for the solution to this problem through the analysis of three tax collection models: vendor, financial institution, and internet service provider (ISP). In addition, we examine administrative tools that enable more effective collection as well as inducements for taxpayers or collection agents to carry out their responsibility.

We conclude that the ISP collection model is not feasible at this time. On the other hand, we find that the vendor model, when supplemented with appropriate administrative tools and inducements, and the financial institution model, both represent viable options for policymakers to consider.

Book part
Publication date: 18 September 2017

Carol MacPhail, Riza Emekter and Benjamas Jirasakuldech

Bonus depreciation was enacted by the United States Congress and signed into law in 2002 largely in response to the economic malaise that engulfed the U.S. economy after the…

Abstract

Bonus depreciation was enacted by the United States Congress and signed into law in 2002 largely in response to the economic malaise that engulfed the U.S. economy after the September 11, 2001 terrorist attacks. We investigate whether bonus depreciation, a capital asset expensing allowance under the U.S. federal income tax code, impacts the level of business investment in property, plant, and equipment in the time periods that followed 9-11 in comparison to other earlier time periods. Based on the empirical evidence, the bonus depreciation policy has a positive effect on capital expenditures only in the period in which this policy was legislatively anticipated, specifically the period spanning the last quarter of 2001 and the first quarter of 2002. Otherwise, we find no significant increase in capital expenditures during the period that this special depreciation provision policy is initially in place from 2002 to 2005. Although bonus depreciation is re-enacted in response to the fiscal distress and recession that began in 2007, capital expenditures actually decline during the recovery era, a period following the post-2008 subprime mortgage crisis. Though Congress continues to temporarily re-enact bonus depreciation on an annual basis through December 31, 2014, there is no strong evidence that capital investment is positively impacted. Instead, the empirical results show that factors that positively affect the level of companies’ capital expenditures include capital intensity, cost of capital, amount of cash holdings, changes in sales and loans. Our empirical results invite the question of Congress’ intended goal in re-instating bonus depreciation for 2015 through 2019.

Details

Advances in Taxation
Type: Book
ISBN: 978-1-78714-524-5

Keywords

Abstract

Details

Taxing the Hard-to-tax: Lessons from Theory and Practice
Type: Book
ISBN: 978-1-84950-828-5

Book part
Publication date: 22 August 2006

Philip T.K. Daniel

This chapter addresses the accountability standards expressed in the 2001 No Child Left Behind Act (NCLB) and the legislative history of this federal statute on education. The…

Abstract

This chapter addresses the accountability standards expressed in the 2001 No Child Left Behind Act (NCLB) and the legislative history of this federal statute on education. The author states that the Act recognized that many students are “left behind” and some “way behind” and analyses how this Act will reduce the academic deficit for those students left behind? This review makes it clear that the fiscal equity movement never got off the ground or close to becoming a major part to the legislation. Legal challenges to NCLB is extensively reviewed which raises the question as the amount of support for this legislation. The chapter closes with the note that NCLB is an under-funded mandate placing the fiscal responsibility on the budget-strapped states.

Details

No Child Left Behind and other Federal Programs for Urban School Districts
Type: Book
ISBN: 978-0-76231-299-3

1 – 10 of 12