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Paul L. Caron
Dean
Pepperdine Caruso
School of Law

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  • Earnings Volatility Across Groups and Time

    NTJ LogoJohn Sabelhaus (University of Maryland) & Jae Song (U.S. Social Security Administration) have published Earnings Volatility Across Groups and Time, 62 Nat'l Tax J. 347 (2009).  Here is the abstract:

    Inferences about earnings volatility across groups and time depend on the underlying models of earnings dynamics, data sources, earnings concepts, and sampling strategies. In this paper we evaluate a model of earnings dynamics in which the permanence of shocks varies by age and education. This specification is consistent with observed earnings changes in administrative panel data, and also with the variance of earnings levels in multiple cross–section (synthetic panel) data. However, expanding the earnings concept to include self–employment and changing sampling strategy to include observations with minimal labor force attachment has first–order effects, and may help explain why some studies conclude that earnings volatility is rising.

  • U.S. News Law School Rankings: Judicial Clerkships

    U.S. News Logo U.S. News & World Report yesterday published its first ranking of law schools by the percentage of the 2007 J.D. graduating class with clerkships with Article III federal judges.  Here are the Top 50 law schools by this measure, along with the percentage of all federal and state judicial clerkships and their overall U.S. News ranking, as well as Brian Leiter's ranking by the percentage of U.S. Supreme Court clerkships for the 2000-2008 Terms (determined by the size of the most recent 1L class):

    US News

    Federal

    Court

    Clerkship

    Ranking

    US News

    Overall

    Ranking

    Leiter’s

    Supreme

    Court

    Clerkship

    Ranking

    Law

    School

    %

    Federal

    Court

    Clerkship

    %

    All

    Courts

    Clerkship

    %

    Supreme

    Court

    Clerkship

    1

    1

    1

    Yale

    37.0%

    41.4%

    0.325%

    2

    Tier 3

    North Dakota

    25.0%

    28.0%

    3

    3

    4

    Stanford

    23.0%

    24.0%

    0.131%

    4

    2

    3

    Harvard

    18.2%

    20.6%

    0.151%

    5

    Tier 3

    Wyoming

    16.7%

    19.0%

    6

    Tier 3

    St. Thomas

    16.0%

    17.0%

    7

    9

    9

    Michigan

    14.0%

    14.2%

    0.024%

    7

    41

    10

    BYU

    14.0%

    14.0%

    0.020%

    9

    100

    Maine

    13.0%

    13.0%

    10

    10

    7

    Virginia

    12.5%

    13.6%

    0.035%

    11

    10

    15

    Duke

    11.7%

    13.5%

    0.010%

    12

    15

    17

    Texas

    11.0%

    15.0%

    0.009%

    12

    13

    Cornell

    11.0%

    15.0%

    12

    Tier 4

    W. New England

    11.0%

    11.0%

    15

    Tier 3

    Mississippi

    10.9%

    11.0%

    15

    8

    14

    Pennsylvania

    10.9%

    15.0%

    0.012%

    17

    6

    2

    Chicago

    10.0%

    10.0%

    0.155%

    17

    Tier 4

    Suffolk

    10.0%

    10.0%

    19

    4

    5

    Columbia

    9.2%

    9.2%

    0.048%

    20

    23

    12

    Notre Dame

    9.1%

    13.2%

    0.017%

    21

    77

    New Mexico

    9.0%

    12.0%

    21

    30

    Wash. & Lee

    9.0%

    18.6%

    23

    6

    6

    UC-Berkeley

    8.1%

    12.2%

    0.040%

    24

    55

    Kentucky

    8.0%

    25.0%

    24

    17

    Vanderbilt

    8.0%

    14.0%

    26

    35

    Ohio State

    7.4%

    13.0%

    27

    5

    8

    NYU

    7.3%

    8.0%

    0.033%

    28

    30

    Alabama

    7.0%

    7.0%

    29

    10

    9

    Northwestern

    6.8%

    9.0%

    0.024%

    30

    Tier 4

    Ave Maria

    6.0%

    10.6%

    30

    20

    Emory

    6.0%

    13.1%

    30

    35

    13

    Georgia

    6.0%

    13.0%

    0.015%

    30

    77

    Seton Hall

    6.0%

    36.2%

    30

    40

    Wake Forest

    6.0%

    9.0%

    30

    15

    UCLA

    6.0%

    11.0%

    30

    18

    USC

    6.0%

    7.5%

    37

    14

    18

    Georgetown

    5.8%

    9.4%

    0.0087%

    38

    45

    Tulane

    5.7%

    9.0%

    39

    43

    Arizona

    5.5%

    19.7%

    40

    23

    15

    Illinois

    5.2%

    10.9%

    0.010%

    41

    Tier 3

    Mercer

    5.1%

    12.0%

    42

    77

    Richmond

    5.0%

    19.0%

    42

    65

    Temple

    5.0%

    15.0%

    42

    30

    U. Washington

    5.0%

    18.1%

    42

    19

    Washington U.

    5.0%

    7.0%

    46

    28

    19

    G. Washington

    4.9%

    11.0%

    0.008%

    47

    77

    Chicago-Kent

    4.8%

    5.0%

    48

    20

    Minnesota

    4.5%

    16.0%

    49

    Tier 3

    Idaho

    4.3%

    24.0%

    49

    43

    Maryland

    4.3%

    18.0%

    From Robert Morse, Director of Data Research at U.S. News:

    At this time, U.S. News does not have plans to incorporate the clerkship ranking into the methodology for the America's Best Graduate Schools Law School rankings. But some have suggested we do so. Judge Ed Carnes of the U.S. Court of Appeals for the 11th Circuit wrote us and suggested that "incorporating the clerkship hiring decisions of federal judges into your ranking will provide you with what is, in a sense, a survey of the quality of law schools as reflected in the actions, not just the opinions, of a group of highly selective employers."

    As pointed out in the comments, there appear to be some anomalies with the U.S. News data — for example, several schools report unusually high clerkship totals (e.g., Seton Hall (36.2%), North Dakota (28.0%), Kentucky (25.0%), Idaho (24.0%).

    Update:  North Dakota and Western New England have admitted that the correct percentages of their 2007 grads with clerkships with Article III federal judges are 0%, not 25% (North Dakota); and 2%, not 11% (Western New England).  See ABA JournalWSJ Law Blog

  • The Effect of the EITC on Earnings Growth

    NTJ LogoMolly Dahl (Congressional Budget Office), Thomas DeLeire (University of Wisconsin, Robert M. LaFollette School of Public Affairs) & Jonathan Schwabish (Congressional Budget Office) have published Stepping Stone or Dead End? The Effect of the EITC on Earnings Growth, 62 Nat'l Tax J. 329 (2009).  Here is the abstract:

    While many studies have found that the EITC increases the employment rates of single mothers, no study to date has examined whether the jobs taken by single mothers as a result of the EITC incentives are “dead–end” jobs or jobs that have the potential for earnings growth. Using a panel of administrative earnings data linked to nationally representative survey data, we find no evidence that the EITC expansions between 1994 and 1996 induced single mothers to take “dead–end” jobs. If anything, the increase in earnings growth during the mid–to–late 1990s for single mothers who were particularly affected by the EITC expansion was higher than it was for other similar women. The EITC encourages work among single mothers, and that work continues to pay off through future increases in earnings.

  • “Law School Is Not a Pizza Shop”

    Ave Maria Fascinating article in this month's Washington Monthly, Pie in the Sky: What Happened When a Billionaire Pizza Mogul Tried to Build an Elite Catholic Law School, by Mariah Blake:

    Monaghan never lost sight of his Catholic roots. And beginning in the mid-1980s, he started delving more deeply into his faith, and embracing conservative Catholic causes. Then, in 1989, at the suggestion of a Catholic scholar friend, he read a passage from the C. S. Lewis classic Mere Christianity that railed against pride as “the essential vice, the utmost evil.” It dawned on Monaghan that his hunger for success and flashy belongings was pride in its purest form. He immediately swore what he called a “millionaire’s vow of poverty” and began shedding his possessions. Finally, in 1998, he sold Domino’s for an estimated $1 billion and announced that he was retiring from the pizza business so he could devote his time and money to Catholic education. “I want to die broke,” he declared. …

    From the beginning, Monaghan insisted he wouldn’t meddle in the law school’s daily operations. As he put it in an interview with the Chronicle of Higher Education, “When I owned the Detroit Tigers, I didn’t climb into the dugout and tell Sparky how to set his lineup.” But behind the scenes, he was quietly amassing control.

    (more…)

  • Hasen: Financial Options in the Real World

    David M. Hasen (Penn State) has posted Financial Options in the Real World — An Economic and Tax Analysis on SSRN.  Here is the abstract:

    Many of the consequences of issuing and purchasing options on publicly traded property have been well understood since Black and Scholes developed a model for option pricing. No model of options, however, provides an accurate economic analysis of the actual transactions that issuers and purchasers engage in when options are bought and sold. One consequence of this gap in understanding is that the rules for taxing options remain poorly developed.

    This article provides a transactional analysis of option sales for the first time. It demonstrates that while all options have as one component a swap of variable risks or returns on the underlying property for a fixed payment, “in-the-money” options contain, in addition, a simple forward transfer of the benefits and correlative burdens of a part of the underlying property that is equivalent to a forward sale of that part. Commentators have not identified this embedded forward sale because the payment arrangement between the parties to the option transaction masks it; however, a comparison of option prices derived under the Black-Scholes model and the theoretical prices of such forwards demonstrates that the transactions are identical. The analysis also illuminates the relationships between options and other common financial transactions, and it permits a cogent assessment of the advantages and disadvantages of possible tax rules for financial options.

  • Keeping in Touch With Your Child at College

    As I' have previously noted (here and here), I am grappling with the mixed emotions of my older child's departure to college three weeks ago.  Thankfully, technology has made it quite easy to keep in touch with him:


    Facebook, Twitter Revolutionizing How Parents Stalk Their College-Aged Kids

  • Are Tax Havens Good Neighbors?

    Luisa R. Blanco (Pepperdine University, School of Public Policy) & Cynthia L. Rogers have posted Are Tax Havens Good Neighbors? An LDC Perspective on SSRN. Here is the abstract:

    Tax competition and spillover models offer ambiguous predictions concerning tax haven consequences for non-tax haven countries. This paper investigates the impact of tax havens on foreign direct investment (FDI) in nearby non-tax havens that are less developed countries (LDCs). In particular, we investigate the potential for positive spillovers by creating a variable capturing two essential factors of an LDC’s nearest tax haven neighbor: its proximity and its level of FDI inflows. Employing cross sectional data of 115 LDCs from 1990 to 2006, we find positive spillovers from tax havens to nearby LDCs. This result is robust to several model specifications, including one with spatially correlated error terms. In addition, we use a non-linear specification to identify the relevant regions for which spillovers are most evident and to shed light on the nature of the spillover-distance relationship. Our results suggest that tax havens are good regional neighbors, but not good immediate neighbors from the non-tax haven LDC perspective.

  • Lamest Accountant Video “Winners”

    In my article, Tax Myopia, or Mamas Don't Let Your Babies Grow Up to be Tax Lawyers, 13 Va. Tax Rev. 517, 520 n.6 (1994), I quoted James Gordon's great line:  "A tax lawyer is a person who is good with numbers but who does not have enough personality to be an accountant."   Based on these videos from Ernst & Young and KPMG, the finalists in Going Concern's poll on the lamest accountant video, I am glad I don't have the personality of an accountant!

  • Income Mobility in the U.S.

    NTJ LogoGerald Auten & Geoffrey Gee (both of the Office of Tax Analysis, U.S. Treasury Department) have published Income Mobility in the United States: New Evidence from Income Tax Data, 62 Nat'l Tax J. 301 (2009).  Here is the abstract:

    While many studies have documented the long–term trend of increasing income inequality in the U.S. economy, there has been less focus on income mobility and the potential opportunity for upward mobility. Data from panels of individual income tax returns suggest that there was considerable income mobility in the U.S. economy over the 1987–1996 and 1996–2005 periods. Consistent with prior mobility studies, the data show that over half of taxpayers moved to a different income quintile and that roughly half of taxpayers who began in the bottom income quintile moved up to a higher income group by the end of each period. By contrast, those with the very highest incomes in the base year were more likely to drop to a lower income group and the median real income of these taxpayers declined in each period. Economic growth resulted in rising incomes for most taxpayers over both time periods. Initial position in the income distribution and changes in marital status were found to be associated with the largest upward or downward movements through the income distribution.

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