Emory Law Journal

Volume 59Issue 4

Rethinking Bilateral Investment Treaties in Sub-Saharan Africa

Alec R. Johnson | 59 Emory L.J. 919 (2010)

This Comment envisions a “virtuous cycle.” Each grouping’s BIT provisions aim to facilitate the pursuit of the group’s corresponding goals, facilitating graduation to the next grouping and a new set of BIT provisions and goals. While this Comment focuses on African nations, its ideas and the suggested BIT provisions may be equally applicable to other developing countries.

Read More »

There’s No Place Like “Home”: § 162(a)(2) and Why Married Taxpayers Just Can’t Get “Away”

Anna K. Diehn | 59 Emory L.J. 969 (2010)

This Comment examines § 162(a)(2) of the Internal Revenue Code, which allows a taxpayer to deduct expenses incurred while traveling “away from home” for business purposes. Under this provision, a taxpayer may deduct expenses for travel fares, meals, and lodging. Although such expenses would seem to be non-deductible because they are personal in nature, Congress created a limited exception under § 162(a)(2) to alleviate the burden on the taxpayer whose job requires him to work away from home and therefore essentially incur duplicate living expenses. On the face of the statute, the only apparent requirement is that a taxpayer must be “away from home,” but the statute’s simplicity is deceptive.

Read More »

Trading Water: Using Tradable Permits to Promote Conservation and Efficient Allocation of an Increasingly Scarce Resource

Paul W. Puckett | 59 Emory L.J. 1001 (2010)

This Comment argues that a free-market system for water-use rights should be implemented to address and prevent water shortages. A water market system would require that secure property rights be attached to water use and that those rights be freely tradable. Current water-rights regimes used in the United States are not sufficient to support such a market system because current regimes do not grant secure property rights in water use, and it is unclear to what extent water-use rights can be transferred. Therefore, a market system under the current water-rights regimes would not be able to maximize its potential to promote efficient allocation of water resources.

Read More »