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Selected Works

1989

Discipline
Institution
Keyword
Publication

Articles 61 - 90 of 101

Full-Text Articles in Law

The Superwill Debate: Opening The Pandora's Box?, Roberta R. Kwall, Anthony J. Aiello Dec 1988

The Superwill Debate: Opening The Pandora's Box?, Roberta R. Kwall, Anthony J. Aiello

Roberta R Kwall

The superwill concept has sparked interest as commentators and legislators have sought to provide increased flexibility to testators in the disposition of their nonprobate assets. The basic premise underlying the superwill is that a testator may, by executing one testamentary document, dispose of both testamentary as well as nonprobate assets. The superwill thus is a substantial departure from existing law, under which a testator generally may not dispose of nonprobate assets through a will. 

This Article explores the significant issues raised by the superwill's adoption. It examines questions relating to the mechanics of the superwill such as what type of …

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From Bauhaus To Courthouse: An Essay On Educating For Practice Of The Craft, John F. Nivala Dec 1988

From Bauhaus To Courthouse: An Essay On Educating For Practice Of The Craft, John F. Nivala

John F. Nivala

No abstract provided.

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Cleaning Labor's House: Institutional Reform Litigation In The Labor Movement, Michael J. Goldberg Dec 1988

Cleaning Labor's House: Institutional Reform Litigation In The Labor Movement, Michael J. Goldberg

Michael J Goldberg

No abstract provided.

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Allocating The Gst Exemption Under The Generation-Skipping Transfer Tax, Michael B. Lang Dec 1988

Allocating The Gst Exemption Under The Generation-Skipping Transfer Tax, Michael B. Lang

Michael B. Lang

One of the most significant aspects of the Tax Reform Act of 1986 for estate planners was the retroactive repeal of the original 1976 generation-skipping transfer (GST) tax and the enactment of an entirely new generation-skipping transfer tax. The new generation-skipping transfer tax, unlike the 1976 version, generally applies to transfers that constitute "direct skips," such as outright gifts to grandchildren. Like the earlier tax, the new tax also applies to "taxable terminations," such as a termination of the life estate of the transferor's child resulting in the grandchild receiving possession of the transferred property in fee simple under the …

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La Constitución Y El Poder Judicial, Robert S. Barker Dec 1988

La Constitución Y El Poder Judicial, Robert S. Barker

Robert S. Barker

No abstract provided.

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The Internal Affairs Doctrine: The Proper Law Of A Corporation, Norwood Beveridge Dec 1988

The Internal Affairs Doctrine: The Proper Law Of A Corporation, Norwood Beveridge

Norwood Beveridge

No abstract provided.

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Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein Dec 1988

Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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International Sanctions, Ocean Management And The Law Of The Sea: A Study Of Denial Of Access To Fishing, David D. Caron Dec 1988

International Sanctions, Ocean Management And The Law Of The Sea: A Study Of Denial Of Access To Fishing, David D. Caron

David D. Caron

No abstract provided.

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Railroading The Antitrust Laws: The Case Of Pinney Dock And Transport Co. V. Penn Central Corp., Barry Kellman Dec 1988

Railroading The Antitrust Laws: The Case Of Pinney Dock And Transport Co. V. Penn Central Corp., Barry Kellman

Barry Kellman

No abstract provided.

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Determining A Partner's Share Of Partnership Liabilities Under I.R.C. Section 752, Jerold Friedland Dec 1988

Determining A Partner's Share Of Partnership Liabilities Under I.R.C. Section 752, Jerold Friedland

Jerold Friedland

No abstract provided.

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International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber Dec 1988

International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber

David J. Gerber

No abstract provided.

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Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee Dec 1988

Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee

Randy Lee

No abstract provided.

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Writing The Statement Of The Case: The "Bear" Necessities, Randy Lee Dec 1988

Writing The Statement Of The Case: The "Bear" Necessities, Randy Lee

Randy Lee

No abstract provided.

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History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid Dec 1988

History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid

John L. Gedid

No abstract provided.

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Medical Choices During Pregnancy: Whose Decision Is It Anyway?, Susan L. Goldberg Dec 1988

Medical Choices During Pregnancy: Whose Decision Is It Anyway?, Susan L. Goldberg

Susan L Goldberg

No abstract provided.

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Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman Dec 1988

Choosing Among Systems Of Auto Insurance For Personal Injury, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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Legal Opinions In Corporate Transactions: Opinions Relating To Security Interests In Personal Property, Scott T. Fitzgibbon, Donald W. Glazer Dec 1988

Legal Opinions In Corporate Transactions: Opinions Relating To Security Interests In Personal Property, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

No abstract provided.

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Introduction To International Debt: How Can Developing Countries Regain Creditworthiness?, Cynthia C. Lichtenstein Dec 1988

Introduction To International Debt: How Can Developing Countries Regain Creditworthiness?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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The Role Of Local Rules, Daniel R. Coquillette, Mary P. Squiers, Stephen N. Subrin Dec 1988

The Role Of Local Rules, Daniel R. Coquillette, Mary P. Squiers, Stephen N. Subrin

Daniel R. Coquillette

No abstract provided.

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A Primer On Judgment And Pre-Judgment Interest In Arkansas.Pdf, Howard W. Brill Dec 1988

A Primer On Judgment And Pre-Judgment Interest In Arkansas.Pdf, Howard W. Brill

Howard W Brill

No abstract provided.

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Equitable Implementation Of Tax Expenditures, Yoseph M. Edrey Prof., Howard Abrams Associate Prof. Dec 1988

Equitable Implementation Of Tax Expenditures, Yoseph M. Edrey Prof., Howard Abrams Associate Prof.

Yoseph M. Edrey

No abstract provided.

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In The Shadow Of The Constitutional Council: The ‘Juridicisation’ Of The Legislative Process In France., Alec Stone Sweet Dec 1988

In The Shadow Of The Constitutional Council: The ‘Juridicisation’ Of The Legislative Process In France., Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

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Proposals To Strengthen The Inter-American System Of Protection Of Human Rights, Claudio M. Grossman Dec 1988

Proposals To Strengthen The Inter-American System Of Protection Of Human Rights, Claudio M. Grossman

Claudio M. Grossman

Mass and gross violations of human rights have been common in the Americas. Rebellion against poverty, the inability of some political systems to allow peaceful change, and the influence of anti-democratic ideologies have resulted in widespread repression. As constitutional governments collapse and politics are militarized, adequate protection of human rights by domestic law becomes illusory. The international law of human rights, by creating norms and procedures beyond the domestic realm offers, or should offer, an additional "layer" of legal protection.

International law is a weak instrument in a system in which state sovereignty remains a strong foundation. However, for those …

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Private Concurrent Litigation In Light Of Younger, Pennzoil, And Colorado River, Michael T. Gibson Dec 1988

Private Concurrent Litigation In Light Of Younger, Pennzoil, And Colorado River, Michael T. Gibson

Michael T. Gibson

Private concurrent litigation occurs when the same dispute is litigated in federal and state courts at the same time. The first half of the article examines why this occurs and how it is affected by several landmark U.S. Supreme Court opinions on the subject of abstention. The last half of the article uses a study of eighty cases to show how the lower federal courts inappropriately use Colorado River Water Conservation District v. U.S., 424 U.S. 800 (1976) to dismiss federal cases in favor of concurrent state court litigation.

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The Anatomy Of Constitutional Revolutions, Robert Justin Lipkin Dec 1988

The Anatomy Of Constitutional Revolutions, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

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La Abogacía En Los 90, Horacio M. Lynch Dec 1988

La Abogacía En Los 90, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

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Double Inchoate Crimes, Ira P. Robbins Dec 1988

Double Inchoate Crimes, Ira P. Robbins

Ira P. Robbins

American criminal law treats the inchoate crimes of attempt, conspiracy, and solicitation as substantive offenses punishable by criminal sanctions. The legal system criminalizes the types. of behavior that constitute these offenses to intervene before an actor completes the intended illegal act. Some jurisdictions now recognize the concept of double inchoate crimes, punishing inchoate offenses that are the immediate objects of other inchoate offenses. In this Article, Professor Robbins examines the concept of double inchoate crimes, first by tracing the evolution of inchoate offenses and then by reviewing the judicial development of double inchoate crimes. Arguing that double inchoate crimes are …

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The Legal Dimensions Of Private Incarceration, Ira P. Robbins Dec 1988

The Legal Dimensions Of Private Incarceration, Ira P. Robbins

Ira P. Robbins

No abstract provided.

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Book Review: Roy R. Anderson, Damages Under The Uniform Commercial Code (1988), Alvin C. Harrell Dec 1988

Book Review: Roy R. Anderson, Damages Under The Uniform Commercial Code (1988), Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Anatomy Of A Failed Statutory Provision: U.C.C. Section 9-306(4)(D)(Ii), Alvin C. Harrell, Peter G. Dillon Dec 1988

Anatomy Of A Failed Statutory Provision: U.C.C. Section 9-306(4)(D)(Ii), Alvin C. Harrell, Peter G. Dillon

Alvin C. Harrell

No abstract provided.

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