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Faculty Publications

1986

Discipline
Institution
Keyword

Articles 1 - 30 of 71

Full-Text Articles in Law

The Good, The Bad, And The Press, Paul A. Lebel Dec 1986

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.


Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr. Oct 1986

Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen Oct 1986

Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen

Faculty Publications

No abstract provided.


Opening Remarks, Robert A. Mccormick Oct 1986

Opening Remarks, Robert A. Mccormick

Faculty Publications

No abstract provided.


The Federal Common Law Of Crime, Robert C. Palmer Oct 1986

The Federal Common Law Of Crime, Robert C. Palmer

Faculty Publications

No abstract provided.


The Development Of Entrapment Law, Paul Marcus Oct 1986

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.


Overview Of Alternative Dispute Resolution Techniques, Mary A. Bedikian Sep 1986

Overview Of Alternative Dispute Resolution Techniques, Mary A. Bedikian

Faculty Publications

No abstract provided.


Making Subchapter S Work, Glenn E. Coven Jul 1986

Making Subchapter S Work, Glenn E. Coven

Faculty Publications

No abstract provided.


Criminal Law, Richard A. Williamson Jul 1986

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.


Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces Jul 1986

Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces

Faculty Publications

No abstract provided.


Start-Up Costs, Section 195 And Clear Reflection Of Income: A Tale Of Talismans, Tacked-On Tax Reform And A Touch Of Basics, John W. Lee Jul 1986

Start-Up Costs, Section 195 And Clear Reflection Of Income: A Tale Of Talismans, Tacked-On Tax Reform And A Touch Of Basics, John W. Lee

Faculty Publications

No abstract provided.


On The Limits Of Court-Ordered Social Change: A Critical Look At Dimond's Beyond Busing, Neal Devins Jul 1986

On The Limits Of Court-Ordered Social Change: A Critical Look At Dimond's Beyond Busing, Neal Devins

Faculty Publications

No abstract provided.


The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus May 1986

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.


California Death Penalty Laws And The California Supreme Court: A Ten Year Perspective, Gerald F. Uelmen Apr 1986

California Death Penalty Laws And The California Supreme Court: A Ten Year Perspective, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer Apr 1986

Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer

Faculty Publications

No abstract provided.


A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone Apr 1986

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Faculty Publications

No abstract provided.


Capital Gains Exception To The House's "General Utilities" Repeal: Further Indigestions From Overly Processed "Corn Products", John W. Lee Mar 1986

Capital Gains Exception To The House's "General Utilities" Repeal: Further Indigestions From Overly Processed "Corn Products", John W. Lee

Faculty Publications

In this article, Lee first describes the mechanics and tax effects of cost basis corporate acquisitions and analyzes why current tax rules favor such acquisitions over carryover basis acquisition (e .g., tax-free mergers); then he describes the House's proposed repeal in HR 3838 of the General Utilities doctrine in current sections 336-338, focusing on the continued exemption for long-term capital gains of a closely held active business corporation. This sets the stage for analysis of the Corn Products doctrine, which under an "integral asset" reading would deny the exemption to most appreciated operating assets, surely not the intent of ...


The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil Jan 1986

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Faculty Publications

No abstract provided.


Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins Jan 1986

Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins

Faculty Publications

No abstract provided.


Limiting Losses Attributable To Nonrecourse Debt: A Defense Of The Traditional System Against The At-Risk Concept, Glenn E. Coven Jan 1986

Limiting Losses Attributable To Nonrecourse Debt: A Defense Of The Traditional System Against The At-Risk Concept, Glenn E. Coven

Faculty Publications

No abstract provided.


Injury And The Disintegration Of Article Iii, Gene R. Nichol Jan 1986

Injury And The Disintegration Of Article Iii, Gene R. Nichol

Faculty Publications

No abstract provided.


Defining Effective Civil Rights Enforcement In Education, Neal Devins Jan 1986

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Faculty Publications

No abstract provided.


Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone Jan 1986

Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone

Faculty Publications

No abstract provided.


The Possible Final Word On Employment Discrimination Relief, Neal Devins Jan 1986

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.


Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem Jan 1986

Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem

Faculty Publications

The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable ...


Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck Jan 1986

Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck

Faculty Publications

Views concerning the appropriate relationship between church and state are rapidly becoming almost as numerous as America's religious sects. The Constitution's treatment of religious liberty, thought by many to be a matter long settled, has now erupted into a many-sided debate. Not only lawyers, judges and legal commentators are involved; historians and sociologists, theologians and ecclesiastics, political theorists and statesmen also participate in the debate. It is part of a much larger struggle over a redefinition, or for some a reclamation, of the role of religion in American public life. At times this debate focuses on discrete environments ...


Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii Jan 1986

Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii

Faculty Publications

This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should ...


Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck Jan 1986

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

Federal and state courts are increasingly confronted with the unenviable task of giving legal definition to matters affecting relations between religion and government.' Many of the lawsuits pitting church against state are surface manifestations of a more fundamental disintegration of an American public philosophy.


Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen Jan 1986

Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen

Faculty Publications

No abstract provided.


Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler Jan 1986

Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler

Faculty Publications

No abstract provided.