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Articles 1 - 30 of 54
Full-Text Articles in Law
The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar
The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar
Journal Articles
Although the concepts of "voting stock" and "voting power" are pervasive throughout the Code, until recently, courts, commentators and the Service have devoted minimal energy to demystifying the confusion surrounding the definition of voting stock and even less to expanding upon the methodology of computing voting power. Recent developments, however, may prompt practitioners to take a second look at these terms. While a 1995 decision by the Tax Court adds little to the existing body of authority with respect to the determination of the owner of voting stock, the Service's analysis of the voting power requirement in a 1994 private …
Cultural Criticism Of Law, Guyora Binder, Robert Weisberg
Cultural Criticism Of Law, Guyora Binder, Robert Weisberg
Journal Articles
Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …
Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner
Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner
Journal Articles
No abstract provided.
"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Corcos
"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Corcos
Journal Articles
No abstract provided.
Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua
Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua
Journal Articles
Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals …
Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger
Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger
Journal Articles
No abstract provided.
Freedom And Interdependence In Twentieth-Century Contract Law: Traynor And Hand And Promissory Estoppel, Alfred S. Konefsky
Freedom And Interdependence In Twentieth-Century Contract Law: Traynor And Hand And Promissory Estoppel, Alfred S. Konefsky
Journal Articles
No abstract provided.
West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen
West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen
Journal Articles
We are all familiar with the cliche "if it ain't broke, don't fix it." The sentiment is as applicable to law as it is to the rest of life. When a law does what it is intended to do, legislators and courts should leave it alone. However, when a law no longer serves its intended purpose, it is "broke," and should be revised. The question is whether West Virginia's corporate law is "broke." In 1974, the West Virginia Legislature adopted the West Virginia Corporation Act (the "Act").' The Act brought then modem standards of corporate law to West Virginia. Since …
"Substantially Limited" Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert Burgdorf
"Substantially Limited" Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert Burgdorf
Journal Articles
DISABILITY' nondiscrimination laws, such as the Americans with Disabilities Act of 1990 (ADA),2 and the disability rights movement which spawned them have, at their core, a central premise that is both simple and profound. That premise is that people denominated as "disabled" are just people, not different in any critical way from other people. Paradoxically, commentators, enforcement agencies and the courts, with manifest good intentions, have frequently interpreted and applied these laws in ways that reinforce a diametrically opposite premise-that people with disabilities are significantly different, special and need exceptional status and protection, One is reminded of Justice Brandeis's admonition …
Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt
Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt
Journal Articles
No abstract provided.
Presuming Innocence: Alan Pakula And Scott Turow Take On The Great American Legal Fiction, Christine Corcos
Presuming Innocence: Alan Pakula And Scott Turow Take On The Great American Legal Fiction, Christine Corcos
Journal Articles
No abstract provided.
Grandeur Or Mockery?, Alain A. Levasseur
The Latent Efficiency Of Fraudulent Transfer Law, Marie T. Reilly
The Latent Efficiency Of Fraudulent Transfer Law, Marie T. Reilly
Journal Articles
A creditor holding a claim against a debtor typically holds the right, subject to the debtor's default, to obtain a judgment against the debtor, liquidate the debtor's assets, and apply the proceeds against his claim. If the debtor's assets are insufficient to satisfy the creditor's claim, the creditor is usually, but not always, out of luck. Under limited circumstances, a creditor can reach property the debtor transferred to a third party and apply the value of such property to satisfy his claim. The creditor can undo the transfer and obtain the property or its value from the transferee as though …
Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero
Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero
Journal Articles
This article suggests that the Supreme Court's 1995 decision in Adarand Constructors, Inc. v. Peña constitutes a starting point for a renewed dialogue on the intersection of race, noncitizens' rights, and immigration law.
Part I of this Article examines the historical foundations of the plenary power doctrine up to the current dichotomy between judicial review of state and federal alienage classifications under equal protection. Part II reviews the Adarand decision, arguing that Justice O'Connor's congruence principle provides the bulwark for a revision of judicial review of federal legislation, especially in light of the historical and continuing perception of Asian- and …
Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
In the post-Seminole Tribe world, the legal analysis in situations where states have chosen regulation over competition, supplanting the free functioning of markets, will diverge depending upon the identity of the defendant. If a state, its agencies, or departments are the named defendants, the broader Eleventh Amendment analysis controls and claims for damages against government entities must be dismissed on the ground of sovereign immunity. If the defendant is a private firm, the narrower State Action Doctrine, which has been crafted to balance true exercise of state sovereignty against the goal of competition, provides immunity for private defendants. As …
Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero
Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero
Journal Articles
This Article contends that, following the Supreme Court's lead in Adarand Constructors, Inc. v. Peña and City of Cleburne v. Cleburne Living Centers, Inc., the continuing maltreatment of noncitizens in this country requires that federal alienage classifications be reviewed with the same strict, or at least heightened rational basis, scrutiny applied to state legislation.
Part II of this Article describes the 1979 Hostage Taking Convention and sets forth some of its provisions in an effort to better understand the impetus for the HTA. Part III examines the legislative history of the HTA and briefly describes the Yunis case as …
Romanian Bankruptcy Law: A Central European Example, Samuel Bufford
Romanian Bankruptcy Law: A Central European Example, Samuel Bufford
Journal Articles
Romania now has one of the best-drafted bankruptcy laws in Central and Eastern Europe. The new Romanian bankruptcy law went into effect on August 26, 1995 and replaced the previous bankruptcy provisions in §695-987 of the Romanian Commercial Code, which was translated from the Italian Commercial Code of 1884 and enacted in 1887. While the commercial code fell into disuse during the Communist era, it was never repealed. After the Romanian revolution and the demise of Nicolae Ceauşescu at the end of 1989, the commercial code as well as the civil code remained good law and needed only to be …
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
The great impact of the Seminole Tribe v. Florida decision will likely be felt in the range of federal causes of action that have exclusive remedies in federal court. Antitrust cases are among such causes of action. In seeking to avoid antitrust liability, defendants have invoked the protections of the antitrust state action doctrine, which immunizes only that anticompetitive activity imposed and supervised by states. This immunity bars suits against state and private actors alike. After Seminole Tribe, state defendants will escape all antitrust liability, whether or not the traditional requirements of the state action doctrine have been met. …
The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports
The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports
Journal Articles
The appropriate standard for supervisory liability in Section 1983 cases has been a source of considerable disagreement among federal courts of appeals. In the absence of established Supreme Court authority on the subject, courts have rejected vicarious and negligence liability in favor of a higher culpability requirement, but they have not agreed on precisely what form this higher standard should take. In this article, the Author addresses the need for a uniform standard consistent with the statute's twin goals of compensating the victims of constitutional violations and deterring constitutional infractions.
The author notes at the outset that lower courts have …
The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen F. Ross
The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen F. Ross
Journal Articles
The baseball strike and the ongoing hostilities between the players' association and owners have evoked criticism and frustration among fans and others. Although the players successfully defeated the owners' most recent attempts to reduce major league competition, the threat of future imposition of competitive restraints by the owners remains. In this article Professor Stephen F. Ross argues that blanket restraints on the market for players affirmatively inhibit on-the-field competition and consequently offend the Sherman Act.
The article begins with the proposition that monopsony - price-fixing behavior by buyers', rather than sellers' cartels - implicates the Sherman Act. Restraints on competition …
The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown
The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown
Journal Articles
The purpose of this Essay is to provide investors and practitioners with a realistic overview of the strengths and limitations of international arbitration in China. Part I of this Essay provides some general comments about the economic, social, and cultural reasons why arbitration is a popular choice among both international investors and Chinese nationals. Part I concludes that arbitration can only provide a partial solution to the ills of China’s legal system. Part II examines how the observations in Part I manifest themselves in recent developments affecting arbitration in China. Part III examines the range of efforts by foreign investors …
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurule
Journal Articles
A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their …
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Journal Articles
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?
The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Journal Articles
Should the young professional's spouse get some share in a newly acquired career while the young military officer's will not? Does the division between alimony and property make any sense, given no-fault divorce? Is reimbursement for lost career opportunities plus a share in the couple's tangible property fair compensation for a divorcing spouse? Such difficult questions frame this piece, which will also—and I believe necessarily—digress into the nature of marriage, the duties of parenting, and modern divorce philosophy.
Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley
Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley
Journal Articles
No abstract provided.
The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick
The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.
The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis
The Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, John M. Finnis
Journal Articles
This article examines the morality of sexual relations, referencing the views of many other scholars on the subject including Acquinas, Grisez, Noonan, and Koppelman.
From "Winners And Losers" To New Authority Structures In Ecological Policy, Errol E. Meidinger
From "Winners And Losers" To New Authority Structures In Ecological Policy, Errol E. Meidinger
Journal Articles
No abstract provided.
Claiming Our Foremothers: The Legend Of Sally Hemings And The Tasks Of Black Feminist Theory, Stephanie L. Phillips
Claiming Our Foremothers: The Legend Of Sally Hemings And The Tasks Of Black Feminist Theory, Stephanie L. Phillips
Journal Articles
No abstract provided.