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Articles 1 - 30 of 217
Full-Text Articles in Law
Protecting Possession, Ugo Mattei, James Gordley
Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen
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
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
Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella
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 The case law references are now outdated and have been superceded by the discussion in Chapter 24 of the author's treatise, Asset Forfeiture Law in the United States.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
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
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
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
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
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
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
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
Tihar Project: Some Early Reflection (August), Maurya Vijay Chandra
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
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
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
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
Thomas D. Lyon
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson
Children Going West (Review Essay Of Hillary Clinton, It Takes A Village), Kenneth Anderson
Kenneth Anderson
Unhelpful, Alfred C. Yen
Holdups, Standard Breach Remedies, And Optimal Investment, Aaron S. Edlin, Stefan J. Reichelstein
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
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
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
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
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
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
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
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
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