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Articles 1 - 11 of 11
Full-Text Articles in Law
A New Start Calls For A Broadened Perspective, Nora V. Demleitner
A New Start Calls For A Broadened Perspective, Nora V. Demleitner
Scholarly Articles
Not available.
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Scholarly Articles
Not available.
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Scholarly Articles
Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …
Privacy And The First Amendment Right To Gather News, Rodney A. Smolla
Privacy And The First Amendment Right To Gather News, Rodney A. Smolla
Scholarly Articles
Not available.
Reforming Juvenile Sentencing, Nora V. Demleitner
Rethinking Judicial Review Of Director Care, Lyman P.Q. Johnson
Rethinking Judicial Review Of Director Care, Lyman P.Q. Johnson
Scholarly Articles
This article offers an extended critique of the Delaware Supreme Court's unprecedented use of an entire fairness test in a breach of due care setting, as first articulated in Cede & Co. v. Technicolor, Inc. 634 A.2d 345 (Del. 1993) and Cinerama, Inc. v. Technocolor, Inc., 663 A.2d 1156 (Del. 1995). The article then argues for a generalized reasonableness standard for director conduct and for judicially reviewing care claims, thereby providing Delaware law with something it has lacked historically ? a pervasive (yet still streamlined) duty of due care.
Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman
Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman
Scholarly Articles
No abstract provided.
Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner
Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner
Scholarly Articles
None available.
Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner
Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner
Scholarly Articles
None available.
Recent Case Comment, Inter Medical Supplies, Ltd, V. Ebi Medical Systems, Inc., A. Benjamin Spencer
Recent Case Comment, Inter Medical Supplies, Ltd, V. Ebi Medical Systems, Inc., A. Benjamin Spencer
Scholarly Articles
None available.
A Proposal For Integrating The Income And Transfer Taxation Of Trusts, Robert T. Danforth
A Proposal For Integrating The Income And Transfer Taxation Of Trusts, Robert T. Danforth
Scholarly Articles
Present law fails to integrate the income and transfer (i.e., estate and gift) taxation of trusts; a gratuitous transfer to a trust may be incomplete for income tax purposes (producing a so-called grantor trust, the income of which is taxed to the grantor), but complete for transfer tax purposes. Grantors create trusts that exploit two features of this tax law dichotomy: the grantor's income tax payments on trust income enhance the value of the trust by allowing it to appreciate in value income tax free; and present law provides no basis for subjecting this enhanced value to gift or estate …