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Articles 31 - 56 of 56
Full-Text Articles in Law
Section 707(B) Of The Bankruptcy Code: A Roadmap With A Proposed Standard For Defining Substantial Abuse, David L. Balser
Section 707(B) Of The Bankruptcy Code: A Roadmap With A Proposed Standard For Defining Substantial Abuse, David L. Balser
University of Michigan Journal of Law Reform
This Note examines these questions and proposes a standard for determining "substantial abuse." Part I provides an overview of Chapter 7 of the Bankruptcy Code. Part II discusses the legislative history of section 707(b). Part III examines the jurisdictional and procedural questions raised by the section and attempts to define what Congress meant by "primarily consumer debts" and "on [a court's] own motion." Part IV proposes a two-part standard for determining "substantial abuse." This standard suggests that courts should find "substantial abuse" whenever a debtor acts in bad faith or is able to repay 100% of his debts over the …
The Criminal Forfeiture Provisions Of The Rico And Cce Statutes: Their Application To Attorneys' Fees, Gregory Merz
The Criminal Forfeiture Provisions Of The Rico And Cce Statutes: Their Application To Attorneys' Fees, Gregory Merz
University of Michigan Journal of Law Reform
This Note argues that the criminal forfeiture provisions of RICO and CCE should not apply to attorneys' fees legitimately paid for services rendered. Part I examines the distinction between criminal and civil forfeiture, focusing particularly on forfeiture of property transferred to third parties. Part II discusses ways in which forfeiture of attorneys' fees adversely impacts the attorney-client relationship. Part III suggests a construction of the criminal forfeiture provisions that avoids the problems presented by attorneys' fees forfeiture but maintains criminal forfeiture as a deterrent to crime.
Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann
Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann
University of Michigan Journal of Law Reform
Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.
Reducing Acid Rain In Eastern North America: The Scientific Basis For An Acid Rain Control Policy, Michael Oppenheimer
Reducing Acid Rain In Eastern North America: The Scientific Basis For An Acid Rain Control Policy, Michael Oppenheimer
University of Michigan Journal of Law Reform
This Article presents the scientific basis for an effective acid rain control policy. Part I suggests that if a choice must be made, regulation should focus primarily on sulfur dioxide emissions rather than nitrogen oxide emissions because sulfur deposition is the major cause of watershed acidification. Part II explains the need for at least a fifty percent reduction in sulfur dioxide emissions to meet a "safe" deposition level. Part III specifies the geographical allocation of sulfur emission reductions necessary to attain target deposition levels in the northeastern United States and southeastern Canada. The Article concludes by demonstrating the need for …
In The Interest Of Children, Samuel M. Davis
In The Interest Of Children, Samuel M. Davis
West Virginia Law Review
No abstract provided.
Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach
University of Michigan Journal of Law Reform
This Article first explains the background against which Pennsylvania's implementation of SMCRA has occurred. Coal mining has had a serious and continuing effect on the State's environment, as Part I explains. In response to these effects, Pennsylvania began to regulate coal mining many decades ago. This regulatory development reached a milestone when the State achieved primacy under SMCRA in 1982.
Part II suggests that the new program in Pennsylvania has been responsible for substantial reductions in adverse environmental effects from surface coal mining, particularly less erosion and sedimentation, less acid mine drainage, and more backfilling. In addition, Part II explains …
The Medicare Rx: Prospective Pricing To Effect Cost Containment, H. Lynda Kugel
The Medicare Rx: Prospective Pricing To Effect Cost Containment, H. Lynda Kugel
University of Michigan Journal of Law Reform
This Note analyzes the impact of changing hospital reimbursement while maintaining charge-based reimbursement for physicians on hospital-physician relationships and on cost and quality of care. This Note contends that if the stated goals of redirecting incentives and containing costs are to be realized, physicians must be drawn into the revised reimbursement scheme. An indirect, aggregate approach is advocated to maintain the integrity of the physician-patient relationship and to avoid a direct financial impact upon the physician regarding patient care decisions. Part I will briefly examine the reasons for changing hospital reimbursement from retrospective cost-based reimbursement to prospective fixed rates. Part …
County Sanitation District No.2 V. Los Angeles County Employees Association, Local 660: A Study In Judicial Legislation, G. Murray Snow
County Sanitation District No.2 V. Los Angeles County Employees Association, Local 660: A Study In Judicial Legislation, G. Murray Snow
BYU Law Review
No abstract provided.
Nlra Preemption Of State Law Actions For Wrongful Discharge In Violation Of Public Policy, Thomas Bean
Nlra Preemption Of State Law Actions For Wrongful Discharge In Violation Of Public Policy, Thomas Bean
University of Michigan Journal of Law Reform
This Note considers the circumstances under which the NLRA should preempt state law tort suits for discharge in contravention of public policy by employees covered by a collective bargaining agreement, and by at-will employees. Part I discusses the rationale behind the preemption doctrine and outlines the tests the Supreme Court has adopted for determining when the NLRA preempts state laws. Part II argues that the specific rationale behind the Court's preemption tests are inapplicable to the typical public policy wrongful discharge action. Part III identifies the ways in which public policy wrongful discharge actions might infringe on the NLRA. It …
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
UIC Law Review
No abstract provided.
A Status Report On The Balanced Budget Constitutional Convention, 20 J. Marshall L. Rev. 29 (1986), William T. Barker
A Status Report On The Balanced Budget Constitutional Convention, 20 J. Marshall L. Rev. 29 (1986), William T. Barker
UIC Law Review
No abstract provided.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Touro Law Review
No abstract provided.
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
UIC Law Review
No abstract provided.
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1985
Survey Of Developments In West Virginia Law: 1985
West Virginia Law Review
No abstract provided.
Commerce Legislation, Mark B. D'Antoni, Mark A. Stach
Commerce Legislation, Mark B. D'Antoni, Mark A. Stach
West Virginia Law Review
No abstract provided.
Regulating Human Gene Therapy, Judith Areen
Regulating Human Gene Therapy, Judith Areen
West Virginia Law Review
No abstract provided.
Tax Legislation, Mark A. Stach