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E-Commerce and Tax Law Journal

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INDEX

PROTECTING COMMUNITY IPRS: INDIA’S APPROACH ON GEOGRAPHICAL INDICATIONS PROTECTION (Part 3) , by Roshni Chadda & Neha Jain

PROTECTING COMMUNITY IPRS: INDIA’S APPROACH ON GEOGRAPHICAL INDICATIONS PROTECTION ( Part 2) , by Roshni Chadda & Neha Jain

PROTECTING COMMUNITY IPRS : INDIA’S APPROACH ON GEOGRAPHICAL INDICATIONS PROTECTION (Part One), by Roshni Chadda & Neha Jain

Unfunded Mandate The Americans with Disabilities Act and the Disabled Access Credit, by Jonathan Segraves, EA

The Regulatory Framework for Cybersecurity in Ghana (Part 2) , by Uchenna Jerome Orjiƒx

The Regulatory Framework for Cybersecurity in Ghana, by Uchenna Jerome Orji

INSIDER TRADING PROHIBITION LAW IN INDIA: TIME TO TAKE A LEAF OUT OF THE AMERICAN EXPERIENCE?, by By Astha Singh & Roshni Chadda

Compliance of US Retailers with EU e-commerce Laws (Part 9) , by Dr. Saban, Dr Rau

Compliance of US Retailers with EU e-commerce Laws (Part 8) , by Dr. Saban, Dr Rau

Compliance of US Retailers with EU e-commerce Laws (Part 7) , by Dr. Saban, Dr Rau

Compliance of US Retailers with EU e-commerce Laws (Part 6) , by Dr. Saban, Dr Rau

Compliance of US Retailers with EU e-commerce Laws (Part 5) , by Dr. Saban, Dr Rau

Compliance of US Retailers with EU e-commerce Laws (Part 4) , by Dr. Saban,Dr Rau,

Compliance of US Retailers with EU e-commerce Laws (Part 3) , by Dr. Saban,Dr Rau,

Compliance of US Retailers with EU e-commerce Laws (Part 2) , by Dr. Saban,Dr Rau,

Compliance of US Retailers with EU e-commerce Laws (Part1) , by Dr. Saban,Dr Rau,

CURRENT ISSUES IN THE ONLINE PRIVACY LAW FRAMEWORK IN THE US , by By Rajeev Sachdev, B.Comm, BAS(Hons), LLB(Hons), MBA

'As the Internet Revolution is Technical-So is it Cultural', by Michella Adrien

Consumer Data Privacy and Behavioral Advertising: Aspects of Recent Whitehouse Report, by Rajeev Sachdev, B.Comm, BAS(Hons), LLB(Hons), MBA

Extent to Which Kenya Has Implemented the Recommendations of the Financial Action Task Force on Anti-Money Laundering and Counter Terrorism Financing , by Benjamin M Musau

Extent to Which Kenya Has Implemented 40+9 FATF Part II , by Benjamin Musau

Extent to Which Kenya Has Implemented 40+9 FATF Part 111 , by Benjamin Musau

Extent to Which Kenya has Implemented 40+9 FATF Part IV , by Benjamin Musau

Part IV , by

Implications of E-Commerce on Taxation , by Benjamin M Musau

Anti-Money Laundering (AML) Compliance in Kenya , by Benjamin M Musau

Retirement in a New Environment (Part 2) , by Dr.Ciro Martinez II, PhD,JD,LLM,MBA

Retirement in a New Environment (Part 1), by Dr. Ciro Martinez II, PhD,JD,LLM,MBA

Investing in Precious Metals in Times of Economic Stress , by Dr. Ciro Martinez II,Phd,JD,LLM,MBA

Revising the U.S. Patent Act: Making New Business Processes Patentable - Part 2, by Eugene J. Koprowski, B.A., M.A.

Revising the U.S. Patent Act: Making New Business Processes Patentable - Part 1, by Eugene J. Koprowski, B.A., M.A.

The "INSTITUTIONAL FIX" , by Gregory A. Bedell, Esq

Florida Judge says Obamacare is a Commerce Clause Regulation, Posing in Taxing Accouterments , by William Charles Blackwell

When Prank Intentions Go Wrong----And They Think It's Funny, by Abeer Ali, BSL,JD,LLM

Global Commerce Law & Taxation, by Barry Duplantis

The Scottish Invention of America, Democracy and Human Rights , by Dr. Alexander L Klieforth and Dr. Robert J Munro

SEARCH FOR THE PERFECT LEGISLATION TO CONTROL CYBER CRIME IN INDIA, by Gaurav Arora & Vinayak Gupta

Strengthening Intellectual Property Rights , by Abeer Ali

Cross Border Mergers: Implications Under the Competition Act - 2002 , by Gaurav Arora & Supritha Prodaturi

Indo-Mauritius Double Taxation Treaty-Legally Correct but Practically Futile? , by Sambhav Sogani & S. Nagashayana

Obama's Health Care Plan: Constitutional, Commercial, or Tax? Who Knows?, by William Charles Blackwell

'The Road to Serfdom' in an Age of Government Bailouts, by Gene J. Koprowski

Tax Liability of Royalty Income Payment in case of Foreign Telecasting Company, by Bhavtosh Agrawal

CIVIL ASSET FORFEITURE and the AMERICAN PATRIOT ACT,the FEDERAL GOVERNMENTS CASH COW, by Sallyanne M. Mattera, JD,AS

A LEGAL GUIDE FOR ONLINE GLOBAL UNIVERSITIES, by Holly Tapper, J.D., MBA

SOME FUNDAMENTAL ISSUES OF GOVERNING LAW AND ENFORCEMENT FACING E-COMMERCE IN USA, by Dr. Muruga Perumal RAMASWAMY


PROTECTING COMMUNITY IPRS: INDIA’S APPROACH ON GEOGRAPHICAL INDICATIONS PROTECTION (Part 3)

E.     ENFORCEMENT OF GI The remedies available for protection of GIs may broadly be classified into two categories: (i)             Criminal Remedies (ii)            (ii) Civil Remedies.  (i) Criminal Remedies  The Geographical ...

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PROTECTING COMMUNITY IPRS: INDIA’S APPROACH ON GEOGRAPHICAL INDICATIONS PROTECTION ( Part 2)

Historical development of GI The  term  'geographical  indication'  (GI)  is  a  relatively  new The  term  'geographical  indication'  (GI)  is  a  relatively  new  concept  introduced  by  the  TRIPS  Agreement  (WTO,1994).  However, evidences suggest that the pr...

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PROTECTING COMMUNITY IPRS : INDIA’S APPROACH ON GEOGRAPHICAL INDICATIONS PROTECTION (Part One)

:     Introduction Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce.[1] Intellectual Property Rights (IPR) are basically intangible rights protecting the products of human intelligence and creation.[2] These rights are indeed reward for creative and skilful work ...

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Unfunded Mandate The Americans with Disabilities Act and the Disabled Access Credit

Table of Contents   I.          Introduction                                                  &nbs...

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The Regulatory Framework for Cybersecurity in Ghana (Part 2)

(B) Liability of Service Providers and Intermediaries The Act limits the liabilities of service providers and intermediaries under some circumstances. In this regard, a ¡§service provider¡¨ refers to any person providing information system services;[1] while an ¡§intermediary¡¨ refers to ¡§a person who, on behalf of another person, (whether as agent or not), sends, receives or stores a particular...

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The Regulatory Framework for Cybersecurity in Ghana

Abstract This article examines the legal framework for the control of cybercrime in Ghana which is contained in the cybercrime provisions of the Electronic Transactions Act. It also examines the institutional regulatory frameworks for cybersecurity in Ghana. The article suggests that Ghana still lacks a coordinated approach for addressing cybersecurity issues and highlights measures for improveme...

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INSIDER TRADING PROHIBITION LAW IN INDIA: TIME TO TAKE A LEAF OUT OF THE AMERICAN EXPERIENCE?

ABSTRACT Insider trading is a serious financial fraud which continues to plague the Indian securities market, despite a legislation framed to curb the malpractice. A legislation which has lacunae and is not enforced adequately is futile and this is the case with the SEBI (Prohibition of Insider trading) Regulations, 1992 which does not have teeth to trace and punish the defaulters effectively. Th...

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Compliance of US Retailers with EU e-commerce Laws (Part 9)

REFERENCES Bacheldor, B. (2000). U.S. Companies Venture Overseas For Customers – Aggressive firms forge partnerships in bids to globalize e-business. Internetweek, 812, 16-18. Baumer, D. and Poindexter, J.C. (2002). Cyberlaw and E-Commerce. Boston: McGraw-Hill. Burpitt, W. J. & and Rodinelli D. A. (2000). Small firm’s motivations for exporting: To earn and learn? Journal of Small Business M...

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Compliance of US Retailers with EU e-commerce Laws (Part 8)

For the Internet to remain a viable global marketing channel, consumers need to have a high degree of trust and confidence in the technology as well as the businesses that participate in global e-commerce. This can only be achieved when government’s take the lead and business leaders: 1) makes a conscious effort to know what legislation, industry standards, statues and directives apply to e-commer...

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Compliance of US Retailers with EU e-commerce Laws (Part 7)

Managerial Implications This global e-compliance study found that the majority of U.S. retailers did not fully comply with higher level EU laws and regulations and that size appears to be a determinant to being e-compliant. These findings have a number of managerial implications.   Companies that wish to sell their goods online must establish a high degree of consumer trust and confidence ...

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Compliance of US Retailers with EU e-commerce Laws (Part 6)

DISCUSSION Our analysis of Hypothesis 1 found that when transactions were more complex, U.S. retailers were more likely to be e-compliant with U.S. versus U.K. laws and regulations. This result was driven by the decline in e-compliance in the U.K. as Web site functionality increased.  Meanwhile, there was no such decline in e-compliance in the U.S.     This pattern of results cou...

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Compliance of US Retailers with EU e-commerce Laws (Part 5)

To investigate the difference in E-compliance Score by Level within the U.K., we performed a multiple comparison among proportions test for each degree of e-compliance. Inconsistent with Hypothesis 2, the results indicate that the proportion of companies that were fully e-compliant with Level 1 U.K. law was significantly greater than the proportion of companies that were fully e-compliant with Lev...

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Compliance of US Retailers with EU e-commerce Laws (Part 4)

Main Analysis Hypothesis 1 states that U.S. companies will be more compliant with domestic e-commerce laws than with international e-commerce laws. In order to test this hypothesis, the Chi-Square test of association was performed comparing E-compliance Score and Country. This test was performed twice, once for each Level (1 and 2). Table 2 illustrates the E-compliance Scores by Country.  Fo...

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Compliance of US Retailers with EU e-commerce Laws (Part 3)

Procedures The e-compliance rating process was performed by two graduate students. The raters were familiarized with the respective e-commerce laws and regulations, and were provided a set of guidelines to help them during their assessment. The raters conducted several pilot tests to insure that the guidelines could be uniformly applied. The raters worked independently, each issuing compliance ra...

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Compliance of US Retailers with EU e-commerce Laws (Part 2)

Legal Challenges When selling to global consumers, marketers need to understand the legal environment in which those consumers reside and make a “good faith effort” to comply with laws, regulations, standards and directives. By not being e-compliant, a company risk’s monetary penalties and negative publicity – which can cost it even more in lost consumer trust and confidence. However, given a ret...

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Compliance of US Retailers with EU e-commerce Laws (Part1)

Abstract With the increased Internet usage in the European Union, many U.S. retailers have intensified their international on-line marketing efforts to reach these consumers. One challenge for retailers when using the Internet to sell abroad is that they must comply with a new set of laws and regulations. Studies suggest that U.S. firms are not taking the necessary steps to be compliance with in...

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CURRENT ISSUES IN THE ONLINE PRIVACY LAW FRAMEWORK IN THE US

The Obama administration has commented that “Americans have always cherished our privacy”[1] and “Never has privacy been more important than today, in the age of the Internet, the World Wide Web and smart phones”[2].  It was not until recent that a major overview of US Online Privacy was released.  The Obama Administration, in February 2012 issued its report entitled “Consumer Data Priva...

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'As the Internet Revolution is Technical-So is it Cultural'

“As the Internet Revolution is technical so is it cultural” Cultural diversity and relativity issues are essential determinants that pose serious problems in cyberspace. One thing is certain that internet as a culture will spread more evenly among users with mediums that are not confined by the boundaries of PC.             &n...

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Consumer Data Privacy and Behavioral Advertising: Aspects of Recent Whitehouse Report

This is not the first time that Marketing and the Law have coincided.  Balance must be achieved, and achieving such balance, in the law, is not always easy. Just days ago, on February 23, 2012, the Whitehouse released its report called Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.  It alludes to the...

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Extent to Which Kenya Has Implemented the Recommendations of the Financial Action Task Force on Anti-Money Laundering and Counter Terrorism Financing

Extent To Which Kenya Has Implemented the Recommendations of the Financial Action Task Force on Anti-Money Laundering and Counter Terrorism Financing.   by   Benjamin M Musau     Introduction: General Overview of the FATF, AML and CTF   The Financial Action Task Force (FATF) refers to an inter-governmental organization made up of thirty six members. The mission of...

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Extent to Which Kenya Has Implemented 40+9 FATF Part II

C.       Possible New Standards   Subsequent to the adoption of the FATF 40 Recommendations on AML, the organization conducted and concluded a revision of the same during the 2002-2003.[1] While the changes effected were numerous, there are, however, eight main ones. These include; firstly, the specification of a list of crimes which must underpin any kind of m...

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Extent to Which Kenya Has Implemented 40+9 FATF Part 111

The second part of The Act has eighteen sections. This part deals with Money Laundering and Related Offences. It provides for money laundering, acquisition, possession or use of proceeds of crime, the available defenses, financial promotion of an offence, tipping off and misrepresentation. Aside from the aforementioned, it also provides for malicious reporting, failure to comply with The Act, conv...

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Extent to Which Kenya has Implemented 40+9 FATF Part IV

Lastly, the Charterhouse Bank was also found to have largely exposed itself to breaches. The investigative reports indicated that Nakumatt Holdings and its associates held about 50% of the bank’s loans and assets. This was in violation of both the local as well as the international banking rules which preclude any customer owning even 25% of a bank’s assets and loans. More interesting was the fact...

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Part IV

Lastly, the Charterhouse Bank was also found to have largely exposed itself to breaches. The investigative reports indicated that Nakumatt Holdings and its associates held about 50% of the bank’s loans and assets. This was in violation of both the local as well as the international banking rules which preclude any customer owning even 25% of a bank’s assets and loans. More interesting was the fact...

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Implications of E-Commerce on Taxation

Implications of E-commerce on Taxation By Benjamin M Musau[1] Introduction E-commerce can be perceived as the growth in business from manual to electronic mode of transaction. Thus with E-commerce, major business activities and communication are done electronically as opposed to the manual way of conducting business transactions before which was timely and resource consuming[2]. E-commerce...

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Anti-Money Laundering (AML) Compliance in Kenya

International Compliance               Anti-Money Laundering (AML) Compliance in Kenya               By         Benjamin M Musau[1]     Copyright  ã 2011   by Benjamin M Musau All rights are Reserved. ã  No part of this document may be reproduced in a...

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Retirement in a New Environment (Part 2)

In many cases, employers are not providing post-retirement medical coverage. [i] This means that future retirees will have to use much more of their retirement income to pay their private health care insurance premiums.[ii]  This also means that at least a portion of a person’s retirement assets will have to be invested into “some form of liquid investment to cover unanticipated medical e...

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Retirement in a New Environment (Part 1)

Retirement in a New Environment       By     Dr. Ciro Martinez II, PhD, JD, LLM, MBA         Copyright  ã 2010   by Dr. Ciro Martinez II special dedication to my mother Aimee C. Rodriguez. All rights are Reserved. ã  No part of this document may be reproduced in any form, stored in a retrieval system, or t...

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Investing in Precious Metals in Times of Economic Stress

Investing in Precious Metals in Times of Economic Stress         By       Dr. Ciro Martinez II, PhD, JD, LLM, MBA                                       Copyright  ã 2010 by Dr. Ciro Martinez II special dedication to my mother Aimee ...

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Revising the U.S. Patent Act: Making New Business Processes Patentable - Part 2

Brief Statement of Facts/Analysis/Conclusion: In eBay v. MercExchange, the Supreme Court held on the appropriateness of the “‘general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances.’” The Court ruled, with Justice Roberts and Justice Kennedy writing separate concurring opinions, that the general rule was not in concurrence with the ...

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Revising the U.S. Patent Act: Making New Business Processes Patentable - Part 1

Revising the U.S. Patent Act: Making New Business Processes Patentable    By Eugene J. Koprowski, B.A., M.A. LLM Thesis   Thomas Jefferson School of Law Fall Quarter 2010 November 11, 2010                                               &...

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The "INSTITUTIONAL FIX"

THE “INSTITUTIONAL FIX” The Founders created a remarkable system of government when they wrote our Constitution. What receives little attention, unfortunately, is that what they created was truly a “system.” Many now believe our government is working neither as the Founders intended nor for the benefit of the People. What people are coming to realize is that the system is not working, that ...

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Florida Judge says Obamacare is a Commerce Clause Regulation, Posing in Taxing Accouterments

Florida Judge says Obamacare is a commerce clause regulation, posing in taxing accouterments By William Charles Blackwell It is a great comfort to know that judges other than U.S. Supreme Court Justices read and know the contents of the U.S. Constitution. Such is the recent case of Florida District Court Judge Roger Vinson’s ruling, rejecting the Justice Department’s request to th...

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When Prank Intentions Go Wrong----And They Think It's Funny

When prank intentions go wrong . . . And they think it’s funny? By   Abeer Ali, BSL, JD, LL.M   What two teenagers thought was hilarious the rest of the world realizes it was a chaos that ended with a disaster of Tyler Clementi suicide. The young man had committed suicide by jumping off the George Washington Bridge after the secret videotaping by his roommate, taping him with his m...

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Global Commerce Law & Taxation

Global Commerce Law & Taxation Valuation of E-Commerce Distribution of Casino Gaming Software Where Values are Unknown Until After the Games have been Imported and Played by Casino PatronsOctober 2010By: Barry Duplantis Valuation of E-Commerce Distribution of Casino Gaming Software Where Values are Unknown Until After the Games have been Imported and Played by Casino PatronsEmerging E-Co...

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The Scottish Invention of America, Democracy and Human Rights

The U.S. is in the midst of the worst economic crisis since the Great Depression of the 1930s. E-commerce firms are failing, or or not being funded, because of the uncertain economic environment. CEOs fear rising taxes to pay down debt raised during the last 24 months.  Many economists believe the federal government has exceeded its role as a steward of the economy, and tried...

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SEARCH FOR THE PERFECT LEGISLATION TO CONTROL CYBER CRIME IN INDIA

SEARCH FOR THE PERFECT LEGISLATION TO CONTROL CYBER CRIME IN INDIA.Written by: Gaurav Arora & Vinayak Gupta Abstract As name suggests this piece of writing tries to search for a perfect legislation to control cyber crime. It notices the nature of cyberspace and then notices the crime prevailing in this virtual world. First and foremost it tries to consider the question of effectivity o...

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Strengthening Intellectual Property Rights

Strengthening intellectual property rightsBy Abeer Ali “Counterfeits kill”, Piracy is theft”. Those are Vice-president Joe Biden two famous statements to declare the urge to strengthen the intellectual property law. “We used to have a problem in this town saying this," Biden told reporters Thursday at a press conference in Washington, D.C. "But piracy is theft. It is to be stressed that this urge ...

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Cross Border Mergers: Implications Under the Competition Act - 2002

CROSS BORDER MERGERS: IMPLICATIONS UNDER THE COMPETITION ACT, 2002 Written by: Gaurav Arora & Supritha Prodaturi *  I. INTRODUCTIONThe Indian economy has been growing with a rapid pace and has been emerging at the top, be it IT, R&D, infrastructure, energy, consumer retail, telecom, financial services, media, and hospitality etc. It is second fastest growing economy in the world...

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Indo-Mauritius Double Taxation Treaty-Legally Correct but Practically Futile?

Indo- Mauritius Double Taxation Treaty- Legally Correct but Practically Futile?Sambhav Sogani*S. Nagashayana** 1. Introduction 1.1. Off Shoring Investments- The Mauritius WayGlobalization has thrown myriad challenges. The paradoxes of globalisation have off late left the foreign investors (as we read further, ‘capital offshorers’) and the honchos of corporations with sleepless nights. ...

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Obama's Health Care Plan: Constitutional, Commercial, or Tax? Who Knows?

Obama"s Health Care Plan: Constitutional, Commercial, or Tax? Who Knows? By William Charles Blackwell   The new health care law has engendered much angst and criticism among the media and public. In a recent Florida district court case, Department of Justice (DOJ) attorneys and Attorney Generals from several states are battling it out over whether the new mandate violates the Constitution ...

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'The Road to Serfdom' in an Age of Government Bailouts

Reading Hayek’s ‘The Road to Serfdom’ in An Age of Government Bailouts   By Gene J. KoprowskiBrowsing through the bookshelves at The University of Chicago’s Gleacher Center downtown bookstore the other weekend, I found a brand new edition of Freydrick Hayek's  The Road to Serfdom (The University of Chicago Press, 2007, Edited by Bruce Caldwell.)  Of course, Hayek was a famous facu...

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Tax Liability of Royalty Income Payment in case of Foreign Telecasting Company

1.     Title -Tax Liability of royalty income/payment in case of foreign telecasting company 2.     General summary/ head note   Once it is established that certain income or payment made in the case, falls within the definition of royalty, as per the provisions of Income Tax Act and DTAA, that is to say that the payment or income is a royalty income,...

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CIVIL ASSET FORFEITURE and the AMERICAN PATRIOT ACT,the FEDERAL GOVERNMENTS CASH COW

Civil Asset Forfeiture and the American Patriot Act, the Federal Governments Cash Cow Enterprise!By Sallyanne M. Mattera JD AS Candidate for the LL.M. Degree in International Taxation and Financial Services Walter H. & Dorothy B. Diamond Graduate International Tax Program         Thomas Jefferson School of law         ...

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A LEGAL GUIDE FOR ONLINE GLOBAL UNIVERSITIES

A Legal Guide for Online Global Universities By Holly Tapper, J.D., M.B.A. December 2009 Operating a business in an online environment presents unique legal challenges.[1]  Virtual contact, electronic agreements and online payments replace a handshake, written work orders and receipts.  When the business is a university attracting students from around the globe, adherence to certain e-c...

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SOME FUNDAMENTAL ISSUES OF GOVERNING LAW AND ENFORCEMENT FACING E-COMMERCE IN USA

SOME FUNDAMENTAL ISSUES OF GOVERNING LAW AND ENFORCEMENT FACING E­COMMERCE IN USA by Dr.Muruga Perumal RAMASWAMY ∗ Faculty of Law, University of Macau, Macau SAR   Introduction   The principles of determining the governing law creates different challenges in the context of electronic transactions for both the business firms and countries. For business firms, the fact that the...

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