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Articles 91 - 98 of 98
Full-Text Articles in Law
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
Scholarly Works
A long-standing and virtually unchallenged doctrinal rule provides that a liability insurance carrier owes no duties in tort or contract to a third-party claimant who has been injured by its insured. As a matter of doctinal consistency and logic, the traditional rule makes some sense. The liability insurer has no contractual relationship with the claimant, and third-party beneficiary doctrine is not easily used to impose duties. Moreover, by stepping into the shoes of the insured tortfeasor to whom it owes a heightened duty of good faith, the insurer is in an adversarial relationship with the claimant that makes it difficult …
Law School Externships: Building Another Bridge Over Troubled Waters, Martin A. Geer
Law School Externships: Building Another Bridge Over Troubled Waters, Martin A. Geer
Scholarly Works
A commitment to an excellent externship program in which students are intensely engaged in learning lawyering skills, values, responsibilities, and how the law and legal systems affect communities, families, and individuals, further advances William S. Boyd School of Law’s goals. It is another bridge over gaps between legal education, the profession, and the community. This article discusses the externship program at William S. Boyd School of Law.
Paradise Lost: Good News Club, Charitable Choice, And The State Of Religious Freedom, Ian C. Bartrum
Paradise Lost: Good News Club, Charitable Choice, And The State Of Religious Freedom, Ian C. Bartrum
Scholarly Works
The United States Constitution's two religion clauses prohibit Congress from passing laws that establish religion or restrict its free exercise. This Note argues that James Madison and Thomas Jefferson worked to include this language in the Constitution because of their belief that citizens' religious duties were more fundamental than their civic duties. It argues that they intended the Constitution's religion clauses to form a simple dialectic: the government may not force citizens to renounce their religious duties by compelling them to support another faith, nor may it pass laws that act coercively to restrict their religious beliefs and practices. This …
Incentive Stock Options And The Alternative Minimum Tax: The Worst Of Times, Francine J. Lipman
Incentive Stock Options And The Alternative Minimum Tax: The Worst Of Times, Francine J. Lipman
Scholarly Works
Congress enacted the Alternative Minimum Tax ("AMT") to stop high-income individuals from escaping their tax liabilities through tax code loopholes. In recent years, increasing numbers of moderate-income taxpayers have been subject to astronomical AMT liabilities. The problem has been especially acute for technology sector employees who exercised stock options while the market was high, sold their stock after its value fell, and found themselves owing AMT they could not afford to pay. In this Essay, Professor Lipman explains the Internal Revenue Code's complicated treatment of Incentive Stock Options ("ISOs"). She argues that the AMT adjustment for ISOs should not be …
Conflicts Of Interest And The Constitution, David Orentlicher
Conflicts Of Interest And The Constitution, David Orentlicher
Scholarly Works
No abstract provided.
Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth
Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth
Scholarly Works
At a time of renewed scrutiny of capital punishment, Nevada lawyers may be interested in some of the recent legal scholarship on the death penalty based on social science data, rather than on legal philosophy or constitutional theory. Three projects are of particular interest: Professor James Liebman's work on errors in death penalty cases; the National Jury Project's data about how jurors decide capital cases; and David Baldus' recent study of peremptory challenges in capital cases.
Beware Of The Dark Side Of The Farce, Keith A. Rowley
Beware Of The Dark Side Of The Farce, Keith A. Rowley
Scholarly Works
No abstract provided.
Corporate Law: A Year In The Life Of Indiana Corporate Law, Leah Chan Grinvald
Corporate Law: A Year In The Life Of Indiana Corporate Law, Leah Chan Grinvald
Scholarly Works
The area of corporate law is a broad area, as it can expansively be defined as the law that affects incorporated businesses. Within this definition, other areas of law such as contract, agency and tort law are included because corporations are affected by these laws in one form or other. However, this Article will address only a narrow slice of corporate law, including issues of shareholder lawsuits, the well-established corporate doctrine of piercing the corporate veil, sections of the Indiana Business Corporation Law and sections of the Indiana Securities Act.