Emory Law Journal

Volume 60Issue 2
The 2010 Randolph W. Thrower Symposium, The New New Deal: From De-Regulation to Re-Regulation

The Difficulties with the Subpart F System of International Taxation: How the Schering-Plough Decision Indicates That the Status Quo Is Unclear and Unwise

Daniel Soleimani | 60 Emory L.J. 503 (2010)

Complicated subpart F rules govern the taxation of transactions between a U.S. parent company and its foreign subsidiaries. The difficulty with interpreting the subpart F rules and applying them to complex derivative transactions has been the subject of extensive tax literature. Few of the proposed solutions have been simple enough to implement quickly and efficiently without wholesale changes to the subpart F system. This Comment focuses on the inconsistent tax treatment of economically equivalent transactions that currently exists under subpart F and the incentives that this system creates for U.S. companies to engage in expensive tax-planning strategies to avoid subpart F taxation. These tax-planning strategies—used to achieve an economically identical result—cost both the government and U.S. companies unnecessary money.

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When News Doesn’t Want to Be Free: Rethinking “Hot News” to Help Counter Free Riding on Newspaper Content Online

Amy E. Jensen | 60 Emory L.J. 537 (2010)

This Comment first explores how copyright law fails to protect content creators from a number of online uses of their content. It argues that where copyright law falls short, the almost-century-old doctrine of “hot news” misappropriation can help content creators address certain types of unfair competition. A federal statute codifying this doctrine would ultimately offer the most protection for content creators. This Comment argues, however, that such a statute must be limited in scope, and thus its utility would be likewise limited. Ultimately, if news gatherers wish to survive, they must adapt to the needs of consumers and challenge the prevailing idea that those who collect the news and disseminate it online require no compensation for their work.

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