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Selected Works

1996

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 217

Full-Text Articles in Law

Protecting Possession, Ugo Mattei, James Gordley Dec 1996

Protecting Possession, Ugo Mattei, James Gordley

Ugo Mattei

No abstract provided.


Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen Nov 1996

Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen

David S Cohen

No abstract provided.


From The Desk Of Law Faculty, Delhi University (Right: Which Was Denied), Maurya Vijay Chandra Nov 1996

From The Desk Of Law Faculty, Delhi University (Right: Which Was Denied), Maurya Vijay Chandra

Maurya Vijay Chandra

"Sir, I have the keys of the shop I .....ork in. Please let me ring up the owner and inform him that he should take the keys from here:' But Narender's repeated plea fell on deaf ears of the policemen in the Civil Lines Police Station. Instead of allowing him his right to contact a friend/relative, so boldly painted in every police station, the police personnel simply denied Narender possessed anything but a 10" knife. The "right" which Narender was denied are painted in white over blue in every Police Station. Now Aren't blue and white both very passive colours? …


Out Of Focus, John C. Dernbach Nov 1996

Out Of Focus, John C. Dernbach

John C. Dernbach

No abstract provided.


Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella Oct 1996

Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella

Stefan D Cassella

This article discusses the statutory procedures and the case law regarding the adjudication of the rights of third parties in property that a defendant has been ordered to forfeit in a criminal case. In particular, it discusses the ancillary proceeding governed by 21 U.S.C. 853(n) in detail. The case law references are now outdated and have been superceded by the discussion in Chapter 24 of the author's treatise, Asset Forfeiture Law in the United States. Nevertheless the article provides a good introduction to the topic.


The Case For Color-Blind Distress Sales, Michael E Lewyn Sep 1996

The Case For Color-Blind Distress Sales, Michael E Lewyn

Michael E Lewyn

An article I wrote while in practice, proposing reforms in the FCC's "distress sale" program.


Judicial Ethics, Law Clerks And Politics, Gerald Lebovits Sep 1996

Judicial Ethics, Law Clerks And Politics, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


From The Desk Of Law Faculty, Delhi University, Maurya Vijay Chandra Sep 1996

From The Desk Of Law Faculty, Delhi University, Maurya Vijay Chandra

Maurya Vijay Chandra

The recent rulinq of the Supreme Court on the bail release of under-trial prisoners is momentous. Its importance lies in the fact, that the judgement confers on an under-trial prisoner booked for certain category of offences a right to be released on bail if he has undergone a certain period of pre-trial detention. Another highlight of the judgement apart from this is that it enjoins upon the trial court to take suo moto cognizance of the pending of trial and under-trial detention. And the order would apply to all future cases. Further, the jUdgement itself provides for its circulation in …


Windfall Deductions From Changing Depreciation, Francine J. Lipman, James E. Williamson Sep 1996

Windfall Deductions From Changing Depreciation, Francine J. Lipman, James E. Williamson

Francine J. Lipman

A revenue procedure issued by the IRS may enable real estate managers and owners who have not fully enjoyed the depreciation benefits allowed by tax laws to avail of windfall tax deductions. Revenue Procedure 96-31 allows taxpayers who have made claims lower than the allowable depreciation in previous tax years to automatically change their accounting method for depreciation without user fees. The procedure not only authorizes an automatic change from an impermissible depreciation method or life to a permissible method or life, but also grants the taxpayer the right to subtract the full amount of the difference between the depreciation …


The Ultimate Test Of Autonomy: Should Minors Have A Right To Make Decisions Regarding Life-Sustaining Treatment, Jennifer L. Rosato Sep 1996

The Ultimate Test Of Autonomy: Should Minors Have A Right To Make Decisions Regarding Life-Sustaining Treatment, Jennifer L. Rosato

Jennifer Rosato

No abstract provided.


Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan Sep 1996

Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan

James M. Donovan

Employment Division, Department of Human Resources of Oregon v. Smith effectively removed all protections traditionally accorded the free exercise of religion. RFRA was designed to undo the effects of this decision by presumably setting back the clock of jurisprudence to the day before Smith. Even if RFRA is found to be constitutional, it will still, of itself, be ultimately ineffective since it undoes the effects of Smith without addressing the confluence of issues which made a decision like Smith likely. The clock may be set back, but without significant changes it can be expected to run forward again in much …


3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Aug 1996

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience.  In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive.  Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.


Tihar Project: Some Early Reflection (August), Maurya Vijay Chandra Aug 1996

Tihar Project: Some Early Reflection (August), Maurya Vijay Chandra

Maurya Vijay Chandra

They sat on the lawns and we started talking to them one by one. All of a sudden I saw everybody around us rising. For a split second I was puzzled ! Then I realized that the famous song "Aai Malik Tere Bande Hum" from "00 Ankhen Barah Hath" was being played on the public address system. "It is their evening prayer!" I realized. And I was impressed ! not by their discipline but by their devotion.


Consumer Transactions And The Code: Some Considerations, Kathleen Patchel, Amelia H. Boss Jul 1996

Consumer Transactions And The Code: Some Considerations, Kathleen Patchel, Amelia H. Boss

Amelia Boss

No abstract provided.


Values We Can Afford: Protecting Constitutional Rights In An Age Of Terrorism, Daniel M. Filler Jul 1996

Values We Can Afford: Protecting Constitutional Rights In An Age Of Terrorism, Daniel M. Filler

Daniel M. Filler

No abstract provided.


Awarding Interest In International Arbitration, John Y. Gotanda Jul 1996

Awarding Interest In International Arbitration, John Y. Gotanda

John Y Gotanda

No abstract provided.


1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon Jul 1996

1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon

Thomas D. Lyon

McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.


3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon Jul 1996

3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).


Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson Jul 1996

Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson

Kenneth Anderson

This Times Literary Supplement (London) review essay from 1996 takes up Hillary Rodham Clinton's It Takes a Village and Other Lessons Children Teach Us, and Emmy E. Werner's, Pioneer Children on the Journey West. The review takes a tough line against the therapeutic yet simultaneously authoritarian ethic of Clinton's book; it argues that Clinton has essentially conflated a set of local community institutions - places of identity - with state institutions of therapeutic and social control - bureaucratic loci of state management of deracinated, passive individuals. It sets this against the ethic of responsibility evoked in the diaries of girls …


Unhelpful, Alfred C. Yen Jun 1996

Unhelpful, Alfred C. Yen

Alfred C. Yen

No abstract provided.


Holdups, Standard Breach Remedies, And Optimal Investment, Aaron S. Edlin, Stefan J. Reichelstein Jun 1996

Holdups, Standard Breach Remedies, And Optimal Investment, Aaron S. Edlin, Stefan J. Reichelstein

Aaron Edlin

In bilateral trading problems, the parties may be hesitant to make relationship-specific investments without adequate contractual protection. We postulate that the parties can sign noncontingent contracts prior to investing, and can freely renegotiate them after information about the desirability of trade is revealed. We find that such contracts can induce one party to invest efficiently when courts impose either a breach remedy of specific performance or expectation damages. Moreover, specific performance can induce both parties to invest efficiently if a separability condition holds. Expectation damages, on the other hand, is poorly suited to solve bilateral investment problems.


The Theory Of Market Modernization Of Law, Robert D. Cooter May 1996

The Theory Of Market Modernization Of Law, Robert D. Cooter

Robert Cooter

No abstract provided.


Comparative Judicial Discretion: An Empirical Test Of Economic Models, Robert D. Cooter, Tom Ginsburg May 1996

Comparative Judicial Discretion: An Empirical Test Of Economic Models, Robert D. Cooter, Tom Ginsburg

Robert Cooter

No abstract provided.


Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk May 1996

Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk

Richard Faulk

Generally, there are four trial options available for dealing with complex multi-party cases, although they can be blended or combined in a number of ways. They include: a conventional plenary trial for all plaintiffs and all defendants on all issues; one or more separate trials on issues, such as limitations or causation; "pilot" or "bellwether" trials for selected plaintiffs against all defendants on all issues; and class actions where the claims of class representatives are tried in a plenary fashion. This article examines these options and their relative benefits and disadvantages.


Knowing Just Enough To Be Dangerous: A Primer For Complex Toxic Tort And Environmental Cases, Richard Faulk May 1996

Knowing Just Enough To Be Dangerous: A Primer For Complex Toxic Tort And Environmental Cases, Richard Faulk

Richard Faulk

"Complexity" is a hallmark of toxic tort and environmental litigation. To be sure, these cases present complex factual, medical, and scientific issues. The extent of the "complexity," however, depends largely upon the trial lawyer's ability to recognize the issues that actually require extensive attention. This article deals with a number of practical problems facing lawyers in complex toxic tort and environmental cases.


The Tattered Net Of Mercy, Maurya Vijay Chandra May 1996

The Tattered Net Of Mercy, Maurya Vijay Chandra

Maurya Vijay Chandra

Chotu narrated his tale. On the fateful day he had to go back to his home town and so he got his due salary (about Rs. 500/-) from his em­ ployer. Unfortunately he lost it. Though quite ri­ diculously, but perhaps out of his innocence he asked for the same amount from his employers, promising that he would work for them in return when he came back from home. As a sensible businessman. the employer refused. On the same evening Chotu tried to steal a piggy - bank from his employer's residence.


Will Changes To The Passive Income Rules Renew Interest In Real Estate?, Francine J. Lipman, James E. Williamson May 1996

Will Changes To The Passive Income Rules Renew Interest In Real Estate?, Francine J. Lipman, James E. Williamson

Francine J. Lipman

The final regulations under IRC Sec. 469(c)(7) provide guidance on the rental real estate activities of taxpayers engaged in real property trades or business as defined by the Omnibus Budget Reconciliation Bill of 1993. The final regulations do not provide an explicit definition of the phrase "trade or business," but rather state that a taxpayer's real property trades or businesses can be identified using any reasonable method. Because of such ambiguity, rental real estate may become an attractive tax shelter for some investors. The lack of a specific definition of a trade of business may give an opportunity for those …


A Statistical Analysis Of Asian Americans And The Affirmative Action Hiring Of Law School Faculty, Alfred C. Yen Apr 1996

A Statistical Analysis Of Asian Americans And The Affirmative Action Hiring Of Law School Faculty, Alfred C. Yen

Alfred C. Yen

No abstract provided.


Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach Apr 1996

Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach

John C. Dernbach

No abstract provided.


A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson Apr 1996

A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson

Kenneth Anderson

This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …