Law Commons^™

Tax Policy For Post-Liberal Society: A Flat Tax Inspired Redefinition Of The Purpose And Ideal Structure Of A Progressive Income Tax, Charles O'Kelley

Faculty Articles

A flat rate comprehensive federal income tax could be achieved by replacing graduated rates with a single rate that applies to all taxpayers, eliminating many currently available deductions and credits, and treating as taxable income types of economic gain presently excluded from the tax base. The fact that Congress is seriously considering such radical changes makes it appropriate for tax scholars to reconsider longheld beliefs about the ideal structure of an income tax. This article analyzes the characteristics and underlying rationale of a progressive flat rate comprehensive income tax and reconsiders the nature and purpose of a progressive income tax. …

The Emergency Room Admission: How Far Does The Open Door Go?, Ken Wing, John R. Campbell

Faculty Articles

In recent years many private and some public hospitals have assumed a new proprietary persona, a business-like posture that clashes with the traditional hospital goals of charity and community service. This conflict may be most acute in the emergency room where the hospital may further its financial interests by quickly transferring or discharging undesirable emergency patients. This article explores the extent of a private hospital’s legal obligation to treat a patient once emergency care has begun. It begins by looking at hospital revolutions, emergency rooms, and the standards of emergency care. It then explores the common law and “no duty” …

Cooperative Acquisitions Among Law Libraries: A Review, Margaret A. Goldblatt, Bernard D. Reams Jr.

Faculty Articles

A brief review of established cooperative arrangements among large academic libraries may suggest reasons for the recent emergence of cooperatives among law libraries. The authors examine in detail three law library consortia that are developing cooperative acquisitions plans. Although the prospects for a single, physical national law library are slight, the full potential of a national database of law library holdings has yet to be explored.

The Original Understanding Of The Fourteenth Amendment In Illinois, Ohio, And Pennsylvania, James E. Bond

Faculty Articles

The fourteenth amendment is a second American Constitution, the "new birth of freedom" for which Lincoln had prayed at Gettysburg. It nationalized the protection of civil liberty and thereby revolutionized the structure of American government. In the three great clauses of its first section it guarantees the privileges and immunities of citizenship, the equal protection of the laws, and due process of law. These guarantees are the bedrock upon which the American regime of individual liberty rests. Stated as principles, these guarantees presumably embodied a particular view of man and his relationship to government. The nature of that view is …

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (C), Vincent R. Johnson

Faculty Articles

A Texas lawyer desiring to place an advertisement in the Yellow Pages to offer legal services faces significant obstacles. Not only must he ensure that the ad conveys the correct image of the firm, but he must also comply with a number of specific requirements imposed by the Texas Code of Professional Responsibility. Two of the more dogging Code provisions are subsections (B) and (C) of Disciplinary Rule (DR) 2-101.

Between the requirements of these two subsections, the likely result is that the Yellow Pages ad will be a tangle of disclaimers, provisos, and footnotes if the project is to …