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Articles 1 - 8 of 8
Full-Text Articles in Law
Constitutional Torts, Christina B. Whitman
Constitutional Torts, Christina B. Whitman
Articles
In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …
Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn
Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn
Articles
Professor Blum's comment addresses the proper or neutral tax treatment to be accorded three of the items discussed in my recent article on accelerated depreciation - namely, annuities, prepaid expenses, and exhaustible assets. Blum disputes my analysis in all three cases. While Blum's article is eminently readable, I do not believe that it refutes my earlier work to any extent. In this reply to Professor Blum, I will deal separately with each of the three items he examines. First, however, it is useful to consider the meaning of the term "tax neutrality" and to set forth my views as to …
A Colleague's Tribute, James J. White
A Colleague's Tribute, James J. White
Articles
This piece was published as a dedication to Dean Richard E. Speidel. In describing Dick Speidel's character and scholarship one is tempted to use the adjectives that are now a fixed part of the Decanal resignation ritual. Whatever their vices in office, retiring Deans are invariably "bright, insightful, generous, scholarly, worldly;" occasionally they are persons of "unbounded administrative skill," and even of "unlimited scholastic vision."
Federalism And Social Change, Terrance Sandalow
Federalism And Social Change, Terrance Sandalow
Articles
A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …
Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White
Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White
Articles
Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
Articles
The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
Articles
Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
Articles
The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.