Emory Law Journal

Volume 59Issue 4

Sex In and Out of Intimacy

Laura A. Rosenbury, Jennifer E. Rothman | 59 Emory L.J. 809 (2010)

This Article challenges the underlying assumption in Lawrence v. Texas that sex is valuable only when potentially in service to emotional intimacy and proposes a new theory for extending legal protection to a wider range of consensual sexual activities. The current regulation of sex devalues both sexual relationships that lack an intimate component and intimate relationships that lack a sexual component. We argue that the state should independently protect both intimate relationships and sexual interactions because sex can constitute a vital part of individual identity and self-expression even when not channeled into intimacy. We challenge the dominant, almost sacred, understanding that the most important relationships between adults should always be both sexual and emotionally intimate.

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The Power of Proxy Advisors: Myth or Reality?

Stephen Choi, Jill Fisch, Marcel Kahan | 59 Emory L.J. 869 (2010)

This Article attempts to measure the impact of voting recommendations on voting outcomes. Unlike prior literature, it distinguishes correlation from causality by examining both the recommendation itself and the underlying factors that may influence a shareholder’s vote. Using several different tests, we conclude that popular accounts substantially overstate the influence of ISS. Our findings reveal that the impact of an ISS recommendation is reduced greatly once company- and firm-specific factors important to investors are taken into consideration. Overall, we estimate that an ISS recommendation shifts 6%–10% of shareholder votes. We also determine that a major component of ISS’s influence stems from its role as an information agent, aggregating factors that its subscribers consider important.

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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.

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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.

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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.

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