Co-Evolution of Law and Economics—Judicial Sovereignty

The purpose of this study is to evaluate the suitability of existing acceptable transfer pricing methods and their application to international transactions between related parties involving intangible property, more specifically intellectual property that is legally protected. The application of the internationally accepted transfer pricing methodology, which is based on the application of the arm’s length standard to the transaction, necessitates the finding of suitable comparables between independent enterprises. However, the methods of determining an arm’s length value are being challenged as intangible property, which is often unique and for which no suitable comparables exist, increasingly migrates between tax jurisdictions. Consequently, the existing and accepted transfer pricing methods may not always be appropriate to establish an arm’s length value for intangible property migrations.The study established that the comparable uncontrolled price (CUP) method remains highly relevant as a method of determining an arm’s length transfer price for intellectual property transfers. Since the potential for finding suitable comparables in order to apply this method is very limited in the context of unique intellectual property, the less preferred transactional profit methods such as the transactional net margin method (TNMM) and the profit split method may be more relevant from a practical perspective. The key risk for tax authorities becomes apparent in this study, however, namely, that taxpayers may use these less reliable measures of the arm’s length standard purely for the sake of convenience and ease of application. The study therefore recommends that taxpayers should be required to provide documentary evidence that a search for suitable comparables to apply an appropriate traditional method such as CUP has been unsuccessful, in order to justify having recourse to the less accurate transactional profit methods.

In his teaching, research, and courtroom testimony James A. Graaskamp plied his institutional economics background to attribute shopping center income to tangible real property and intangible franchise property. Attributing shopping center value to its tangible and intangible components is not only necessary for appraisal purposes but is imperative for real property taxation, asset depreciation, and UBIT taxation issues. In this research we test for the existence of intangible property value by estimating nonanchor tenant sales per square foot. Using department store fashion image as a proxy for franchise intangible property value, we find that department store fashion image positively and significantly affects nonanchor tenant sales per square foot. We also find that department store image is particularly important in predicting sales of apparel retailers.

property itself, still immobile, still there, still demanding the service of human beings, managers, and operators. Related to this is a set of tokens, passing from hand to hand, liquid to a degree, requiring little or no human attention, which attain an actual value in exchange or market price only in part dependent upon the underlying property. Into it enter

The last few years have seen renewed fascination with tulip, expressed in form of series of popular histories of flower. For these books, key in tulip's history is so-called Dutch mania of 1630s, when-we are told-a frenzied speculation in bulbs inflated their prices to unbelievable sums. Tulips, which could normally only be sold between June and September when bulbs were lifted from ground to be stored over summer, began to be exchanged in something like an unregulated futures market: promissory notes for future delivery of bulb were exchanged for promissory notes for future payment. The same bulb-buried somewhere in ground-could be exchanged ten times in day. When this speculative bubble burst in winter of 1637, traders were left holding fistfuls of worthless paper.1At least, this is story as it is usually told-and there are good reasons to doubt some aspects of it.2 I do not in fact want to focus on mania, but I do want to draw attention to these books and their accounts of it, not for historical truth of those accounts but for way they use flower to raise questions central to developing global market, whether in early modern period or in our own moment. The modern tulip histories appear as part of broader phenomenon of commodity histories, which Bruce Robbins has recently identified as a suddenly ubiquitous genre of popular nonfiction (454). According to Robbins's account, these commodity histories seek to narrate emergence of global capitalism as scene of seduction in which Europe is invaded, penetrated, conquered, rescued, seduced, and dominated by foreign goods. These stories invite us to witness the birth of European desire-that is, birth of demand (456). But tulip histories- left out of Robbins's account-also have their own particular logic. In them, we are invited to discover the birth of demand in of madness, mania: Michael Pollan calls it a brief, perverse moment (xxiv), collective (62); Zbigniew Herbert refers to collective, uncontrollable passions (41) and psychosis (47).3 These books endlessly recycle anecdotes about tulip bulbs becoming more valuable than houses or land. Such stories exert double fascination: they invite sense that world of stable values, in which land should be worth more than tulips, has been stood on its head; and they turn this reversal of values into an index of secret attractive power supposedly hidden in tulip itself but in fact belonging to operation of market and dimension of human fantasy that constitutes it. Describing madness of tulip market, these books solicit our recognition of market's power to assign fantastic values to what might seem to be trivial or ephemeral objects. After all, it is naive to be shocked at high prices tulip bulbs could command, since exchange value is function of market, that is, of desire: value represented by commodity, as Marx famously wrote, is purely social (139).The tulip histories focus attention on dimension of fantasy that underwrites operations of market, demonstrating that determination of value is always fraught process, perhaps even mad one. This is clearly an issue with powerful resonance now, in wake of series of booms, bubbles, or extending from cyberspace to seemingly more sober and solid ground of realty market. This emphasis might seem to trouble celebratory relationship to market that Robbins discovers in most popular commodity histories; to speak of bubbles and manias is to speak of market regulation, need for oversight, and irrationality to which judgments about value are subject.4 But seen from another angle, tulip books fall very much in line with other commodity histories, as Robbins analyzes them, and it is here that they begin to open up reality of tulip as it was constituted in early modern period as well. …

Market power of large cities and policy differences in metropolitan areas

The right to dissolve parliament in the parliamentary system is one of the most significant means of influence that the executive branch exercises in its relationship with the legislative branch. It is the constitutional weapon that the executive branch use in facing the second authority which can raise the political responsibility of the ministry and brings it down. The executive branch can terminate the life of the parliament before the end of its term as it has the right to dissolve it by resorting to the will of the sovereign people in the dispute between the legislative and executive branches over matters of state policy through early parliamentary elections.The Jordanian Constitution of 1952 and its amendments and the Kuwaiti Constitution of 1962 stipulated a number of conditions that prevent the abuse of the right of dissolution by the executive authority.Despite of the importance of these conditions, some of them still insufficient and the others are incompatible with the purpose of dissolving the parliament. Keywords : dissolution of parliament, legislative branch, executive branch, ministerial responsibility, parliamentary system. DOI : 10.7176/JLPG/90-10 Publication date :October 31 st 2019

A thorough revision of copyright law is extremely necessary due to a significant increase in the material value of literary and artistic property, as well as serious problems with its protection. The copyright statute encompasses three main copyright policies: copyright must encourage learning to avoid copyright censorship; copyright must protect and expand the public domain; and copyright is to provide public access to copyrighted materials.The main purpose of this article is to study the development of copyright law, the general principles of this topic and the analysis of the sources of copyright law.Currently, digital technologies with their potential for mass dissemination of information have become a catalyst for such profound social changes that it is time to rethink the basics of copyright law as intangible property rights, its evolution and scope, exceptions and limitations, taking into account the modern needs of technological innovation, progress and revolution. Librarians, as information professionals, also have their rights and responsibilities in relation to copyright. The article attempts to study the historical development of the copyright law, as a process of unification and harmonization and its application in the library sphere, the rights and obligations of librarians, as well as restrictions and protection of copyrights.

The objective of the article was to investigate the contributions of the information platforms of the branches of governments of Brazilian states to build passive transparency. A descriptive study was carried out, through documentary research, with a predominantly qualitative approach. The object of investigation comprises the executive, legislative and judicial branches of governments of Brazilian states. The data were collected in February 2017 using the structured observation technique, through a protocol for recording information. The data obtained were analyzed using the descriptive analysis technique. The indicators for evaluation of the platforms were ‘communication’, ‘login and receipts’ and ‘barriers’, and they presented different configurations in each of the branches. In terms of ‘communication’ and ‘login and receipts’, in general, the state executive branch received better scores compared to the judiciary and legislative branches. On the other hand, the indicator ‘barriers’, was better evaluated in the judiciary and legislative branches. From the results obtained, it is not yet possible to confirm whether the platforms of the executive, judicial and legislative branches of the Brazilian states contribute to build passive transparency.

The most eminent person to sit on the Appellate Committee is the Lord Chancellor. But the Lord Chancellor is more than an ex officio member of the Appellate Committee. He is the head of the judiciary in England and Wales. He is a senior member of Cabinet. And he is the Speaker of the House of Lords. In short he stands in a unique position at the meeting-point of the judicial, executive and legislative branches of government. The present individual appointed to perform all of these tasks is Lord Irvine of Lairg. He is the 234th person to have been Lord Chancellor since the Norman invasion. At the beginning of 1998 he became a household name to many people in Britain as the member of government who was allegedly spending somewhere in the region of £300 of taxpayers’ money on each and every roll of wallpaper that he was using to decorate his official residence inside the Palace of Westminster. It is unfortunate for Lord Irvine that while the great majority of ordinary British people might not be entirely aware of his unique constitutional status as the only public office-holder with a foot in the executive, legislative and judicial branches of government, they are acutely aware of the price of a roll of wallpaper – and at an alleged £300 a go this Lord Chancellor’s taste in interior decoration seemed a trifle expensive. It seemed so to journalists as well.KeywordsPrime MinisterPolitical LifeLabour PartyConservative PartyGovernment RecordThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

The territorial “linking” of a career to a specific region sets a significant part of the structure of opportunities within which an individual implements his plans for building a career. Regional features of the political process, in particular, the established practice of forming a corps of regional politicians, the design of elections and the degree of their competitiveness, the practice of functioning of the legislative body, the conditions of activity of deputies and, of course, local legislative norms and rules determine the personal composition of regional politicians and the trajectories of their careers. The Russian Federation is a multinational, multi­religious country; in its political life there are various patterns of political behavior and types of political culture. The models of relationships within the corps of the regional elite are not identical — the practice of interaction between the executive and legislative branches of government within the borders of each subject of the Russian Federation. The level of autonomy of regional government institutions and regional leaders varies. The Soviet traditions of forming the ruling (political) class (nomenklatura) are perceived differently and have different consequences. Over the past three decades, there have been various models of interaction between the constituent entities of the Russian Federation and the federal center. We are talking about greater or lesser centralization/ decentralization of the structures of state power and management. The changes were caused by the needs to ensure controllability, as understood by the leadership at the level of the federal center of government. The strengthening of the role and influence of regional leaders was short­lived. It increased in the 1990s. But already in the early 2000s. the federal center has regained its leading role in relations with regional leaders. However, the specificity of the regions, embodied in the existence of various types of regional political regimes, remained. The processes of recentralization that have been going on in the country since the beginning of the 2000s are accompanied by the continued diversification of many characteristics that determine the structure of political opportunities. Recentralization, which brings with it obvious tendencies towards the unification of a number of parameters of the political process in each individual region, still leaves the possibility of organizing the political process according to familiar patterns (election design, interaction between the legislative and executive branches of government, recruitment, etc.). Therefore, from region to region we observe some peculiarities in the composition of the political elite and the career trajectories of politicians. The empirical basis of the study is an array of biographies of regional politicians, covering 2005­2020. In total, the biographical data of 1816 regional politicians were analyzed. In 2005 there were politicians in 4 regions, in 2010 — 6 regions, in 2014 and 2020 — 10 regions. During the analysis, comparisons were made using a number of indicators characterizing the career trajectories and recruitment pools of regional politicians. Among politicians in the studied regions, regional careers predominate. The pool for recruiting regional politicians consists of the economic and political­administrative spheres. However, the picture as a whole is motley; the movement of indicators characterizing the recruitment pool is chaotic.

The article analyzes the tendencies of elections to the regional parliaments of Russia on the example of the State Assembly (Il Tumen) of the Republic of Sakha (Yakutia). Local parliaments are called upon to fulfill the function of separating the legislative and executive branches of government. However, in the modern Russian political system, the institution of parliamentarism is poorly developed at the federal and local levels. Regional parliaments have little influence on decisions on financial aspects, often continuing the all-Russian legislative process. The electoral process associated with elections to local legislative assemblies developed based on the logic of the development of the federal electoral system and the development of federal relations. In the 1990s during the period of decentralized federalism, various types of regional regimes with developed party systems took shape. In the 2000s during the period of centralization, the powers of the regions were reduced, which led to the abolition of direct elections of heads of subjects, and the reform of party and electoral systems. By now, a mixed electoral system has been formed according to party lists and the majority system. The party composition of regional parliaments also does not differ from the federal list of Duma factions. The Republic of Sakha (Yakutia) is a national republic, which influences the formation of the local regional elite. There are noticeable tendencies in the interdependence of representatives of the elite of the executive and legislative branches of government, as well as signs of community, family ties. According to the party lists of the party of power “United Russia”, the Head of the Republic and representatives of the upper echelons of the republican government are usually represented. In the elections of 2013 and 2018 four parties, representatives of the small parties “Civic Platform” and “For Women of Russia”, are steadily receiving deputy mandates to the local parliament

In choosing the level of quality to purchase, the buyer of a differentiated product also chooses a point on the marginal price schedule for that product. Hence, in general, the demand functions for product characteristics cannot be consistently estimated by ordinary least squares. Market equilibrium results in a matching of characteristics of demanders and suppliers. This matching restricts the use of buyer and seller characteristics as instruments when estimating demand and supply functions for product characteristics. The paper develops these issues. A stochastic structure for hedonic equilibrium models is then proposed, identification results are presented, and estimation procedures are outlined.

The widening of the U.S. market following the adoption of the interstate commerce clause of the Constitution stimulated changes in methods of production and business organization. These changes required a radical change in finance that prompted the Supreme Court to adopt exchange value as the accepted principle of property rights. These rights did not rest on tangible material, but on incorporeal and intangible assets. This legalized the firm as a going concern instead of a bundle of things and enhanced the role of finance relative to production. These evolving business practices and supporting judicial decisions set the U.S. economy on the path that has resulted in our current financial economy. The steps along this path are discussed in this article and we conclude that an economic theory based on intangible property is needed.

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.

The Control of Porting in Platform Markets