Law Commons^™

Annual Report Of The Colorado River Board Of California, 1983, Colorado River Board Of California

California Agencies

No abstract provided.

In The Matter Of Occupational Safety And Health - December 8, 1983, Senate Committee On Industrial Relations, Assembly Committee On Labor And Employment

California Joint Committees

No abstract provided.

Hearing On Toxic Contamination And Water Quality, Assembly Committee On Consumer Protection And Toxic Materials

California Assembly

No abstract provided.

In The Matter Of Occupational Safety And Health - December 6, 1983, Senate Committee On Industrial Relations, Assembly Committee On Labor And Employment

California Joint Committees

No abstract provided.

Hearing On Incarcerated Veterans, Assembly Select Committee On Veterans Affairs

California Assembly

No abstract provided.

Personal, Living Or Family Matters And The Value Added Tax, L. Hart Wright

Michigan Law Review

No tax is ever implemented in a manner which is perfectly responsive to the logical implications of its basic purpose. VAT is no exception.

Those who foster this tax basically intend that ultimate tax incidence be suffered only by individuals and then only in the degree to which they dip into society's pool of consumer-type goods and services. But their implementing legislation is always designed to fall short of reaching all consumer-type goods and services. Ullman's proposed Tax Restructuring Act of 1979 would have been no exception. Under it, a substantial proportion of all such benefits actually would have been …

The Supreme Court's Misconstruction Of A Procedural Statute--A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn

Michigan Law Review

Before addressing the lessons to be derived from Badaracco, it is necessary to make good on the author's claim that it can be demonstrated to the satisfaction of a reasonably skeptical reader that the Court's decision was patently wrong and resulted from a poor technique of statutory construction. This is a heavy burden, especially since the decision was reached by an overwhelming majority of the Court and since two courts of appeals and at least one student law review note reached the same result. The reader must judge whether the author succeeds in satisfying it. This Article will first …

Tax Treatment Of Prepublication Expenses Of Authors And Publishers, Michigan Law Review

Michigan Law Review

This Note analyzes the tax treatment of prepublication costs. Part I presents the analytic framework of the business expense/ capital expenditure distinction and searches for practical, income- reflecting criteria that achieve theoretically correct results. Part II covers the historic treatment of prepublication expenditures, concluding that neither the courts nor the Internal Revenue Service (IRS) have been consistent in their approach and that both have largely ignored the income-reflecting goals outlined in Part I. Part III applies the income-reflecting approach in order to develop a principled method of examining the tax consequences of various prepublication expenses.

Interim Hearing On Marijuana Cultivation, Senate Committee On Judiciary

California Senate

No abstract provided.

California's Prisons: California Rehabilitation Center, Joint Legislative Committee On Prison Construction And Operations

California Joint Committees

No abstract provided.

Interim Hearing On Senate Constitutional Amendment 10 (Presley), Senate Committee On Judiciary

California Senate

SCA 10 proposes to amend the California Constitution to allow a non-unanimous five-sixth verdict in any non-capital criminal case.

Interim Hearing On The Subject Of Assembly Bill 2094 (Floyd), Assembly Committee On Finance And Insurance

California Assembly

ASSEMBLY BILL 2094 (Floyd): Bank holding companies interstate banking, total, regional or selected states.

Community Property Issues Presented In Sullivan V. Sullivan, Assembly Committee On Judiciary

California Assembly

Career assets in divorce.

Funding Of The Judges' Retirement System, Senate Committee On Public Employment And Retirement, Assembly Committee On Public Employment And Retirement

California Joint Committees

No abstract provided.

Judicial Efficiency And Improvement, Assembly Committee On Judiciary

California Assembly

The subject of today's hearing is judicial efficiency and improvement. The problem of court congestion and delay continues to concern all of us interested in our State's courts. Over the past several years, numerous studies and proposals aimed at improving our judicial system have been suggested, yet there continues to be a strongly held belief by some people that our courts need to be more efficient and that the judicial system moves too slowly. As part of the Assembly Judiciary Committee's effort to get an overview of the nature of court congestion and delay, the Committee has invited parties and …

Handbook Of Federal And State Programs Of Assistance For Water Development And Flood Control, Assembly Committee On Water, Parks And Wildlife

California Assembly

No abstract provided.

Resale Communications Carriers (Sb 375), Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

California's Ports: Planning And Development, Assembly Committee On Utilities And Commerce

California Assembly

No abstract provided.

Telephone Service After Divestiture, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Interim Hearing On The Subject Of Assembly Bill 2094 (Floyd). October 11, 1983, Assembly Committee On Finance And Insurance

California Assembly

No abstract provided.

The At&T Breakup: Impact Of Urban Telephone Service, Assembly Committee On Utilities And Commerce

California Assembly

No abstract provided.

Rural Telephone Service In California: The Impact Of At&T'S Breakup And Related Regulatory Decisions, Assembly Committee On Utilities And Commerce

California Assembly

No abstract provided.

Federal Conformity In The Personal Income Tax, Assembly Revenue And Taxation Committee

California Assembly

An analysis of major differences between state and federal law. A Briefing Book for Committee Interim Hearings.

Using The Federal Tort Claims Act To Remedy Property Damage Following Customs Service Seizures, Richard F. Neidhardt

University of Michigan Journal of Law Reform

Part I of this Note explains the general application of the FTCA to tort claims asserted against the federal government. Part II demonstrates the inadequacy of current judicial arguments regarding the adjudication of detention-related property damage claims under section 2680(c). Part III presents the. policy considerations behind the FTCA and concludes that those considerations allow courts to interpret the Act to cover detention-related property damage claims.

Limiting The Use Of The Rico Act As A Defense To Hostile Corporate Takeovers, Mary Ann Lesniak

University of Michigan Journal of Law Reform

This Note argues that RICO could be a legitimate defense to a hostile corporate takeover pursuant to a cash tender off er if shareholders who retain stock will be harmed by the takeover. Part I of this Note examines the general background of the RICO Act. Part II applies the Act to a hostile cash tender offer and examines each element of a civil RICO action. Part III advocates the use of RICO's injury requirement to limit this application of the Act and analyzes the potential injuries to shareholders and management during a hostile cash tender offer. This limitation upon …

The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review

Michigan Law Review

In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the Note …

The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review

Michigan Law Review

Part I of this Note examines the statutory authority for the indefinite detention of excluded aliens. It concludes that although the INA does not explicitly authorize such detention, the statute's purposes and specific provisions imply that Congress intended to establish a statutory preference for the detention of excluded aliens. The Note then argues in Part II that indefinite detention is constitutionally permissible when it is necessary to vindicate the government's sovereign right to exclude aliens. The Note concludes, however, that the Constitution requires the government to make a continuing good faith effort to deport a detained, excluded alien.

The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review

Michigan Law Review

The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …

Hearings And Reports Of Committees Of The California Legislature During The 1981-82 Session: A Listing, Assembly Office Of Research

California Assembly

This 1981-1982 edition marks the twentieth year of publication of Hearings and Reports by the Assembly.

As required by Assembly Rule 117 (g) the Assembly Office of Research has maintained "a current record of all research projects being conducted pursuant to the direction or request of the Assembly or by any committee thereof." Through the cooperation of Senate and Joint Legislative Committees, a listing of their study hearings and reports for the 1981-1982 Session is also included.

Originally published in response to frequent requests for this type ,of information from Members, committees, libraries and the legal community, this report is …

Perpetuity Reform, Lawrence W. Waggoner

Articles

After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …