A review of is college the new high school an article by vauhini vara

It was founded by royal charter in as King's College, the first institution of higher learning in the colony of Upper Canada. Originally controlled by the Church of Englandthe university assumed the present name in upon becoming a secular institution.

A review of is college the new high school an article by vauhini vara

Cardozo School of Law of Yeshiva University.

A review of is college the new high school an article by vauhini vara

For helpful comments on an earlier draft of this article, the author thanks Prof. For research assistance, the author thanks Wells Crandall of the Cardozo Class of Introduction California's recently enacted "Amazon" law1 is important for three reasons.

First, California is, well, California, the nation's most populous state and a bellwether of social trends and public policy. What happens in California doesn't stay in California. Second, California is home to two Amazon subsidiaries, A9. If and when it takes effect, the new California legislation will require Amazon to collect California use taxes because of those subsidiaries.

The California act thus highlights important constitutional limitations on the ability of states to mandate use tax collection obligations on out-of-state Internet and mail-order sellers. Finally, at the end of the current session of the California State Legislature, a deal was brokered under which Amazon dropped its efforts to repeal by voter initiative California's new Amazon law.

In return, Amazon obtained a one-year delay in the state's implementation of the new law. Those events suggest that we may be entering a new phase in the debate about the states' taxation of remote sales.

Paradoxically, California's Amazon act, despite its practical and legal infirmities, may prove to be a game changer, the final straw for Amazon and its Internet peers. Coming after other states' efforts to impose tax collection responsibilities on out-of-state remote sellers, the California statute may have finally convinced Amazon and its Internet peers that they are better off with federal legislation than with the proliferation of state Amazon acts.

If it takes effect, California's Amazon law will make two fundamental changes to the Golden State's statutory definition of a retailer obligated to collect use tax on sales to California customers. First, emulating New York's version of an Amazon law, the California act will assert retailer status against otherwise out-of-state remote sellers based on those sellers' California associates that refer customers to those sellers.

Second, borrowing from Colorado's Amazon act, the California statute will use common ownership to classify as retailers some sellers that are part of commonly owned groups including one member that provides services in California.

By those changes, the new California law will purport to expand the use tax collection responsibilities of out-of-state Internet and mail-order sellers.

If they take effect inthose provisions of California's new law will prove to be futile or unconstitutional. Internet sellers will respond to the associates-based portion of California's Amazon law by terminating their associates in the Golden State or by forbidding those associates from engaging in solicitation that will trigger the sellers' obligation to collect California use tax.

California will thus gain no revenue from the associates-based provision of its Amazon act and may actually lose revenue from that provision because terminated associates will no longer earn commissions on their referrals and will thus cease to pay state income taxes on those commissions.

Insofar as the amended California statute will tie an out-of-state remote seller's obligation to collect use tax to common ownership with another corporation providing services in California, the statute will be unconstitutional as applied in specific cases.

Under the dormant commerce clause, an out-of-state parent's ownership of a subsidiary operating in California does not substitute for the parent's own physical presence in California. Thus, despite its moniker, California's Amazon law, if it goes into effect, will fail to effectively impose use tax collection responsibilities on Amazon itself.

Amazon's termination of its California associates will avoid the application to Amazon of the new statute's associates-based provision. As a constitutional matter, Amazon's ownership of two service-providing subsidiaries operating in California will not, for dormant commerce clause purposes, overcome Amazon's physical absence from California.

However, those conclusions will be of secondary consequence if Amazon sincerely uses the recently obtained delay of the California law to secure federal legislation in place of that law and the other state acts imposing sales and use tax collection responsibilities on remote sellers.

If Congress does pass that legislation, the California law and the state Amazon laws that preceded it will have ultimately achieved their aim by provoking federal legislation authorizing the states to tax all sales similarly, whether the vendor is a traditional bricks-and-mortar retailer or an out-of-state Internet or mail-order vendor.

If so, paradoxically, California's Amazon law, which doesn't effectively reach Amazon, will have proved to be a game changer. It is also possible that a year from now, Congress's continuing inaction will have perpetuated the sales and use tax status quo, thereby triggering the new California Amazon law.

Which scenario occurs will largely depend on the good faith of Amazon and the other Internet retailers that say they will now seek federal legislation permitting the states to impose sales and use tax collection responsibilities on remote sellers. In sum, California's Amazon law is an exercise in paradox.

On the one hand, if it takes effect, the law will prove fiscally futile and unconstitutional in many applications. On the other hand, California's law may, in political terms, have provoked a game-changing response from Amazon and its Internet peers. Legal Background A legal assessment of California's Amazon law implicates three sets of well-established rules: Supreme Court, the corporate law tenet that parent corporations and their subsidiaries are separate legal persons, and the doctrines of agency law.

The Court has demarcated the ability of the states to impose sales and use tax collection duties in four dormant commerce clause decisions: National Bellas Hess v. Department of Revenue,2 Quill Corp.

North Dakota,3 Scripto, Inc. Carson,4 and Tyler Pipe Industries, Inc. Washington State Department of Revenue. Absent subsequent ratification of an unauthorized act,17 an agent's unauthorized act does not bind a principal since "[a]n agent has such authority as the principal, actually or ostensibly, confers upon him.

Amazon's California Subsidiaries Amazon, the nation's largest Internet seller, is a Delaware corporation with its principal offices in Seattle.

However, Amazon has two subsidiaries operating in California.I knew then and now that not only would going to college and rec It looks like you've lost connection to our server.

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A review of is college the new high school an article by vauhini vara

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