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Selected Works

1996

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Articles 31 - 60 of 140

Full-Text Articles in Law

Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt Feb 1996

Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold Krent Jan 1996

Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold Krent

Harold J. Krent

No abstract provided.

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The Puzzling Boundary Between Criminal And Civil Retroactive Lawmaking, Harold J. Krent Jan 1996

The Puzzling Boundary Between Criminal And Civil Retroactive Lawmaking, Harold J. Krent

Harold J. Krent

No abstract provided.

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Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin Jan 1996

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

Martin H. Malin

No abstract provided.

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Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin Jan 1996

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

Martin H. Malin

No abstract provided.

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The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Ian Ayres, Peter Siegelman Dec 1995

The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.

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Does The Corporate Director Have A Duty Always To Obey The Law?, Norwood Beveridge Dec 1995

Does The Corporate Director Have A Duty Always To Obey The Law?, Norwood Beveridge

Norwood Beveridge

No abstract provided.

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(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff Dec 1995

(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff

Susan Daicoff

No abstract provided.

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Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder Dec 1995

Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder

Denis Binder

Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …

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Separación De Poderes En Los Estados Unidos, Robert Barker Dec 1995

Separación De Poderes En Los Estados Unidos, Robert Barker

Robert S. Barker

No abstract provided.

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Understanding Justice Sutherland As He Understood Himself, John Eastman Dec 1995

Understanding Justice Sutherland As He Understood Himself, John Eastman

John C. Eastman

Substantive review of Hadley Arkes' book, The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights, which assesses the role Justice Sutherland played in trying to uphold constitutional limitations against the onslaught of the New Deal.

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S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon Dec 1995

S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.

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Informed Consent And Patients' Rights In Japan, Robert B. Leflar Dec 1995

Informed Consent And Patients' Rights In Japan, Robert B. Leflar

Robert B Leflar

This article analyzes the development of the concept of informed consent in the context of the culture and economics of Japanese medicine, and locates that development within the framework of the nation's civil law system. Part II sketches the cultural foundations of medical paternalism in Japan; explores the economic incentives (many of them administratively directed) that have sustained physicians' traditional dominant roles; and describes the judiciary's hesitancy to challenge physicians' professional discretion. Part III delineates the forces testing the paternalist model: the undermining of the physicians' personal knowledge of their patients that accompanies the shift from neighborhood clinic to high-tech …

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The Impact On The Marital Deduction Of Expenses Chargeable To Post-Mortem Income: Does United States V. Stapf Answer The Question?, Martha W. Jordan Dec 1995

The Impact On The Marital Deduction Of Expenses Chargeable To Post-Mortem Income: Does United States V. Stapf Answer The Question?, Martha W. Jordan

Martha W. Jordan

During the 1996-97 tern, the Supreme Court is scheduled to hear Estate of Hubert v. Commissioner, which concerns issues of extreme importance to estate tax practitioners. The Court granted certiorari in Hubert to resolve a split of authority among the circuits regarding whether administration expenses allocable to post mortem income reduce the marital deduction. Since the tax court first adopted the pro-taxpayer position endorsed by the Eleventh Circuit in Hubert, commentators have been analyzing, supporting and justifying the tax court's position. This article uses the Court's reasoning in United States v. Stapf to predict the Court's resolution of the issues …

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When Ethics Rules Don't Mean What They Say: The Implications Of Strained Aba Ethics Opinions, Lawrence K. Hellman Dec 1995

When Ethics Rules Don't Mean What They Say: The Implications Of Strained Aba Ethics Opinions, Lawrence K. Hellman

Lawrence K. Hellman

No abstract provided.

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Commentary On Return Preparer Obligations, Michael B. Lang Dec 1995

Commentary On Return Preparer Obligations, Michael B. Lang

Michael B. Lang

Our income tax system requires that taxpayers report their income annually and assess the correct amount of tax on this income. This self-assessment system, however, depends on taxpayers ferreting out the provisions of the tax law that apply to them and properly applying those provisions to their factual situations. The immensity and complexity of the tax law and the difficulty of applying even apparently clear legal provisions to complex sets of facts (the most difficult lesson in law school for the typical law student) make this process impossible for many taxpayers. As a result, they turn to tax professionals for …

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Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet Dec 1995

Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet

Pedro A. Malavet

Can a lawyer, in certain matters, be an impartial counsel for the situation, rather than an advocate for either party? The Latin Notary is a legal professional of the Civil Law world that is expected to be a non-adversarial, expert legal counselor to every party to a transaction. The State seeks to ensure impartiality by imposing on the notary very strict training, admission and ethical requirements. In exchange for such high demands, the state often grants the notaries profitable subject-matter and geographic monopolies. Covers historical development, current definition and scope, relation to "lawyer as intermediary" of Model Rule 2.2.

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Humanitarian Intervention By The United Nations: Iraq, Somalia, And Haiti, Ruth Gordon Dec 1995

Humanitarian Intervention By The United Nations: Iraq, Somalia, And Haiti, Ruth Gordon

Ruth Gordon

No abstract provided.

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Establishing National Rules Of Lawyer Conduct In Federal District Courts, Judith A. Mcmorrow Dec 1995

Establishing National Rules Of Lawyer Conduct In Federal District Courts, Judith A. Mcmorrow

Judith A. McMorrow

No abstract provided.

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Entrepreneurship, Copyright, And Personal Home Pages, Alfred C. Yen Dec 1995

Entrepreneurship, Copyright, And Personal Home Pages, Alfred C. Yen

Alfred C. Yen

No abstract provided.

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The Future Role Of Managed Care And Capitation In Workers' Compensation, Dean M. Hashimoto Dec 1995

The Future Role Of Managed Care And Capitation In Workers' Compensation, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

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Review Of Legal Polycentricity And International Law, Frank J. Garcia Dec 1995

Review Of Legal Polycentricity And International Law, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown Dec 1995

The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown

George D. Brown

No abstract provided.

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Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates., Vincent D. Rougeau Dec 1995

Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates., Vincent D. Rougeau

Vincent D. Rougeau

No abstract provided.

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A Political Economy Of The Business Judgment Rule In Banking: Implications For Corporate Law Dec 1995

A Political Economy Of The Business Judgment Rule In Banking: Implications For Corporate Law

Patricia A. McCoy

No abstract provided.

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Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid Dec 1995

Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid

John L. Gedid

No abstract provided.

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In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin Dec 1995

In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

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Defining The Passive Income Of Controlled Foreign Corporations, Eric T. Laity Dec 1995

Defining The Passive Income Of Controlled Foreign Corporations, Eric T. Laity

Eric T. Laity

No abstract provided.

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Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael Scaperlanda Dec 1995

Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

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Constitutional Architecture: The First Amendment And The Single Family House, John F. Nivala Dec 1995

Constitutional Architecture: The First Amendment And The Single Family House, John F. Nivala

John F. Nivala

No abstract provided.

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