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Articles 241 - 270 of 6983
Full-Text Articles in Law
Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux
Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux
Cornell Law Review
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Cornell Law Review
No abstract provided.
Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar
Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar
Duke Law Journal
No abstract provided.
Title Page, North Carolina Law Review
Table Of Contents--Issue 1, North Carolina Law Review
Table Of Contents--Issue 1, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham
North Carolina Law Review
No abstract provided.
Jurisdiction Over Those Who Breach Their Contracts: The Lessons Of Burger King, Martin B. Louis
Jurisdiction Over Those Who Breach Their Contracts: The Lessons Of Burger King, Martin B. Louis
North Carolina Law Review
No abstract provided.
The Supreme Court And Junk Social Science: Selective Distortion In Amicus Briefs, Michael Rustad, Thomas Koenig
The Supreme Court And Junk Social Science: Selective Distortion In Amicus Briefs, Michael Rustad, Thomas Koenig
North Carolina Law Review
No abstract provided.
Old Wine In New Bottles: The Marital Rape Allowance, Jaye Sitton
Old Wine In New Bottles: The Marital Rape Allowance, Jaye Sitton
North Carolina Law Review
No abstract provided.
Severability, John Copeland Nagle
The Revised Uniform Partnership Act: The Reporters' Overview, Donald J. Weidner, John W. Larson
The Revised Uniform Partnership Act: The Reporters' Overview, Donald J. Weidner, John W. Larson
Scholarly Publications
This Article is a brief overview of what the Reporters believe to be the four basic contributions of the Revised Uniform Partnership Act (RUPA or Act). First, RUPA changes the law of partnership breakups and gives greater stability to partnerships by abandoning the traditional rule that a partnership is dissolved every time a member leaves. Second, RUPA makes clear that partners are not fiduciaries among themselves in the same sense as disinterested trustees. Specifically, RUPA states that partners legitimately may pursue self-interest without automatically running afoul of their fiduciary duties. On the other hand, RUPA provides an irreducible core of …
Proceedings Of The Charter Boat Management Workshop Held As Part Of The First National Fisheries Manager Conference Terrigal Nsw 21 September 1993, A. E. Magee
Fisheries management papers
General concern of all states was the actual AND potential impact of charter fishing on the resource and the inability to measure such impacts. The perceived problem with dual licensing was unregulated effort and the abilit to circumvent management controls. This paper provides current charter boat management arrangements in Australia, why they should be managed, types of charter vessels, Licensing, Management of recreational only charter vessels, Non-consumptive charters, Management guides and small scale charter operators, Commonwealth jurisdiction, Development of agreed strategies and Identification of future needs.
Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy
Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy
William & Mary Bill of Rights Journal
No abstract provided.
The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey
The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey
William & Mary Bill of Rights Journal
No abstract provided.
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Law Faculty Scholarship
[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …
The Demise Of Parliamentary Supremacy? Canadian And American Influences Upon The New Zealand Judiciary's Interpretations Of The Bill Of Rights Act Of 1990, Michael Principe
The Demise Of Parliamentary Supremacy? Canadian And American Influences Upon The New Zealand Judiciary's Interpretations Of The Bill Of Rights Act Of 1990, Michael Principe
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Creeping Breach Of International Law, Antonio Mendoza
The Creeping Breach Of International Law, Antonio Mendoza
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Symposium On Religious Law: Roman Catholic, Islamic, And Jewish Treatment Of Familial Issues, Including Education, Abortion, In Vitro Fertilization, Prenuptial Agreements, Contraception, And Martial Fraud
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
What's Art Got To Do With It?, Wendy J. Gordon
What's Art Got To Do With It?, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Taxing Gains At Death: A Further Comment, Charles O. Galvin
Taxing Gains At Death: A Further Comment, Charles O. Galvin
Vanderbilt Law Review
Professor Lawrence Zelenak's recent Article provides an excellent analysis of the relevant issues and their treatment in a tax regime in which gains and losses are recognized at gifttime and deathtime transfers.' I have argued for the same policy change, suggesting further the repeal of the wealth transfer tax system altogether and possibly the repeal of Section 1022 to require the inclusion in recipients' gross income of gifts, bequests, devises, and inheritances.' Still further, in agreement with Professor Zelenak, I would retain the present concepts of the marital deduction, unlimited charitable deduction for deathtime transfers, and some minimum exemption that …
Shift Of Fiduciary Duty Upon Corporate Insolvency: Proper Scope Of Directors' Duty To Creditors, Laura Lin
Shift Of Fiduciary Duty Upon Corporate Insolvency: Proper Scope Of Directors' Duty To Creditors, Laura Lin
Vanderbilt Law Review
In the wake of the debt binge of the 1980s, the number of financially distressed corporations has increased dramatically.' Because a struggling company rarely ceases operations overnight, directors still need to make investment and operational decisions concerning the best use of the company's existing assets. This need remains whether the firm will regain profitability or will be liquidated. Financial distress also intensifies conflicts of interest between shareholders and creditors. Indeed, when these constituencies are unable to recover their investments in the corporation because of insufficient assets, both shareholders and creditors have incentives to maximize their individual returns regard- less of …
Keeping The Door Open: A Middle Ground On The Question Of Affirmative Duty In The Public Schools, Michael Gilbert
Keeping The Door Open: A Middle Ground On The Question Of Affirmative Duty In The Public Schools, Michael Gilbert
University of Pennsylvania Law Review
No abstract provided.
Where To Pray? A Survey Regarding Prayer Rooms In Ab.A Accredited, Religiously Affiliated Law Schools, David L. Gregory
Where To Pray? A Survey Regarding Prayer Rooms In Ab.A Accredited, Religiously Affiliated Law Schools, David L. Gregory
BYU Law Review
No abstract provided.
The Pink Panther Meets The Grim Reaper: Estate Taxation Of The Fruits Of Crime, William J. Turnier
The Pink Panther Meets The Grim Reaper: Estate Taxation Of The Fruits Of Crime, William J. Turnier
North Carolina Law Review
No abstract provided.
Untenable, Unchristian, And Unconstitutional , Carl Tobias
Untenable, Unchristian, And Unconstitutional , Carl Tobias
Missouri Law Review
Clara J. McKenney donated her residence to the city of Petersburg, Virginia, in 1924 for use as a free library. She gave the building as a memorial to her husband, William Robertson McKenney, a well-respected lawyer who had practiced in Petersburg for many years. Clara McKenney's deed of transfer stipulated that the library was "to be maintained for both white and colored persons: all of the building ... including the first floor and all above that [was] to be for the exclusive use of white persons; and the basement of the building [was] to be kept and maintained for the …
Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder
Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder
Missouri Law Review
The United States Supreme Court has never decided whether any aspects of the common law ban on warrantless misdemeanor arrests are required by the Constitution.' In fact, very few courts have said anything significant about the relationship between the Fourth Amendment and the common law rule. This Article will examine the constitutional questions raised by the continuing expansion of the power to make warrantless arrests for misdemeanors.
Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman
Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman
Missouri Law Review
Although the rules and exceptions regarding the admissibility of evidence of prior misconduct during criminal trials are well established, the theories and logic underlying the black letter law have apparently eroded to mere words. State v. Sladek' and State v. Bernard were two recent opportunities for the Missouri Supreme Court to examine the law of uncharged misconduct evidence. Unfortunately, the majority opinions in these cases did not address the central problems with this area of evidence but instead, they sidestepped the issues and created a new unprincipled exception The new exception, signature modus operandi/corroboration, ignores the central reason that prior …
Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff
Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff
Missouri Law Review
The American With Disabilities Act (ADA),' signed into law on July 26, 1990, is the most significant legislation ever enacted to prevent discrimination against disabled Americans. The scope of the legislation is sweeping, encompassing employment (Title I), public services by state and local governments including transportation (Title II), all public accommodations (Title III), and all telecommunications (Title IV). The law, in essence, recognizes the responsibility of the federal government to see to it that disabled Americans are fully integrated into all aspects of American life rather than being deemed unfit merely because of their disability. The purpose of this Article …
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
Missouri Law Review
Termination of parental rights is available only by statute. Missouri provides for voluntary termination of parental rights only if the parent whose rights are to be terminated has consented in writing to the termination and if the termination will be in the best interests of the child.' All Missouri statutory provisions concerning termination of parental rights are to be "construed so as to promote the best interests and welfare of the child." The factors to be considered in determining the "best interest of the child" are enumerated in the statute, but they are quite general. This Note focuses on the …