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Articles 1 - 30 of 53
Full-Text Articles in Law
Protecting Possession, Ugo Mattei, James Gordley
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? …
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.
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.
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.
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 …
Insider Trading, Gaston Mirkin
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Stacey R Jessiman
This March 1996 paper argues that the common law prohibition of same sex marriage violates rights protected by both the Charter and Human Rights legislation and is inappropriate in Canadian pluralistic modern society. First, this paper argues that the common law prohibition of same-sex marriage discriminates on the basis of sexual orientation and violates parties’ constitutional right to equality protected by s.15(1) of the Charter. Second, it argues that the common law rule violates s.7 of the Charter in that it encroaches on the right to liberty of same-sex partners by insulting their dignity as human beings. Third, it argues …
The First Shall Be Last: A Contextual Argument For Abandoning Temporal Rules Of Lien Priority, Ronald Mann
The First Shall Be Last: A Contextual Argument For Abandoning Temporal Rules Of Lien Priority, Ronald Mann
Ronald Mann
Argues that incentives to monitor default in construction loans would be improved by elevating mechanics lien claimants over construction lenders.
Lectura N° 02: "El Derecho Constitucional En La Formación Del Jurista", De Javier Pérez Royo, David A. Ortiz Gaspar
Lectura N° 02: "El Derecho Constitucional En La Formación Del Jurista", De Javier Pérez Royo, David A. Ortiz Gaspar
Prof. David Aníbal Ortiz Gaspar.
No abstract provided.
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Fred P. Bosselman
No abstract provided.
Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener
Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener
Stewart M. Wiener
Substantive due process protection of the property rights of landowners against arbitrary government decisionmaking is integral to the Due Process Clause of the Fourteenth Amendment. Federal courts have taken divergent paths in addressing the nature of the property interest required to state a substantive due process claim, and the standard by which arbitrary and capricious government conduct is evaluated. Under substantive due process, an allegation of arbitrary government conduct should be evaluated under a meaningful standard, rather than the unthinking deference of the rational basis test. Strong protection of property interests protects the civil rights of individuals, rather than protecting …
Preaching To The Choir, Jill Elaine Hasday
Preaching To The Choir, Jill Elaine Hasday
Jill Elaine Hasday
Book Note, reviewing Richard A. Epstein, Simple Rules for a Complex World (Harvard University Press, 1995).
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Jill Elaine Hasday
No abstract provided.
Patentes De Invencion (Tesis De Maestria), Gabriel Martinez Medrano
Patentes De Invencion (Tesis De Maestria), Gabriel Martinez Medrano
Gabriel Martinez Medrano
Tesis de Maestria con la que obtuve el Master en Derecho y Economia de las Nuevas Tecnologias (UNMDP) presentada en 1996 y calificada con 10 puntos.
Will The Final Regulations Under Section 469(C)(7) Renew Taxpayer Interest In Real Estate?, Francine J. Lipman
Will The Final Regulations Under Section 469(C)(7) Renew Taxpayer Interest In Real Estate?, Francine J. Lipman
Francine J. Lipman
Since the 1986 enactment of IRC § 469, which places significant restrictions on how deductions, losses, and credits from a passive activity can be used to offset income from another activity, rental real estate ventures have lost much of their appeal to taxpayers seeking ways to shelter their active and portfolio incomes. However, the 1993 enactment of IRC § 467(c)(7), along with the related final regulations, may allow certain taxpayers, in addition to the real estate professionals specifically targeted by Congress for this relief, to once again offset rental real estate losses against their other taxable income. This article explains …
Avoiding Malpractice Traps In Tax Correspondence And Filings, Francine J. Lipman
Avoiding Malpractice Traps In Tax Correspondence And Filings, Francine J. Lipman
Francine J. Lipman
No abstract provided.
El Proyecto De Ley De Protección A La Libertad Personal (1849), Daniel Soria Luján
El Proyecto De Ley De Protección A La Libertad Personal (1849), Daniel Soria Luján
Daniel Soria Luján
No abstract provided.
Corporate Compliance Programs: Protecting The Business From The Rogue Employee, Jeffrey M. Mcfarland, Gardner Davis
Corporate Compliance Programs: Protecting The Business From The Rogue Employee, Jeffrey M. Mcfarland, Gardner Davis
Jeffrey M McFarland
No abstract provided.
Time To Dilute The Dilution Statute And What Not To Do When Opposing Legislation: Beyond A Comment On Professor Port's The "Unnatural" Expansion Of Trademark Rights: Is A Federal Dilution Statute Necessary?, Malla Pollack
Malla Pollack
This article has three goals: to state clearly the practical problems with the Federal Trademark Dilution Act of 1995, to suggest modifications to deal with these problems, and to explore why prior opposition pieces did not garner support from the uncommitted. This last project requires a subject for the dissection table. Because it won the coveted Ladas Memorial Award for the best trademark article in 1994 and because it was published by the Trademark Reporter just before Congress voted on the Act, this article focuses on Kenneth Port's article, "The 'Unnatural' Expansion of Trademark Rights: Is a Federal Dilution Statute …
Prayer In Public Schools: Without Heat, How Can There Be Light?, Or Narrative As The Reasonable Way To Discuss The Arational. Report On The Second Annual Law Day Symposium Jointly Sponsored By The Center For First Amendment Rights And The University Of Connecticut School Of Law, Malla Pollack
Malla Pollack
Prayer in public schools cannot be discussed fully without recognizing the high emotions tied to religion -- and the danger of such emotions. Against a historical account of the adoption of the Establishment Clause, this article reports on a conference in which speakers presented disparate approachs to prayer in public schools: (i) the religious objection to allowing the state to undermine religion which is historically tied to Roger Williams; (ii) a narrow allegedly originalist argument in support of the practice; (iii) a suggestion to defuse religious-factionalism by teaching about religion as part of a multi-cultural curriculum; and (iv) a critique …
"What You Risk Reveals What You Value", And Other Dilemmas Entountered In The Legal Assaults On Risks, André Nollkaemper
"What You Risk Reveals What You Value", And Other Dilemmas Entountered In The Legal Assaults On Risks, André Nollkaemper
André Nollkaemper
No abstract provided.
In A Greener Voice: Feminist Theory And Environmental Justice, Robert R.M. Verchick
In A Greener Voice: Feminist Theory And Environmental Justice, Robert R.M. Verchick
Robert R.M. Verchick
This Article explores the way in which women activists--and the feminist strategies they contribute--help shape the meaning and pursuit of environmental justice. [FN8] It shows how methods associated with feminism have contributed to the movement's premier concerns for family safety and social equality and have prompted creative ways to identify and attack a broad range of environmental threats. The Article is divided into four parts. Part I briefly surveys the participation of women in the environmental justice movement and examines the reasons why so many women become involved in grassroots environmental struggles. Part II shows how the strategies and goals …
The Fall And Rise Of Imprisonment For Debt (In Hebrew), Ron Harris
The Fall And Rise Of Imprisonment For Debt (In Hebrew), Ron Harris
Ron Harris
No abstract provided.
Anatomy Of Discourse And Dissent In Israel’S Supreme Court (In Hebrew), Ron Harris, Yoram Shachar, Meron Gross
Anatomy Of Discourse And Dissent In Israel’S Supreme Court (In Hebrew), Ron Harris, Yoram Shachar, Meron Gross
Ron Harris
No abstract provided.