Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (9)
- Courts (5)
- Evidence (5)
- First Amendment (5)
- Civil Rights and Discrimination (4)
-
- Litigation (4)
- Administrative Law (3)
- Environmental Law (3)
- International Law (3)
- State and Local Government Law (3)
- Supreme Court of the United States (3)
- Antitrust and Trade Regulation (2)
- Business Organizations Law (2)
- Comparative and Foreign Law (2)
- Legal History (2)
- Legal Profession (2)
- Social and Behavioral Sciences (2)
- Tax Law (2)
- Torts (2)
- African Studies (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Creative Writing (1)
- Economic Policy (1)
- Education Law (1)
- Estates and Trusts (1)
- Fiction (1)
- Health Law and Policy (1)
- Institution
- Keyword
-
- Constitutional Law (5)
- Litigation (5)
- Evidence (4)
- Book review (3)
- Constitution (3)
-
- United States Supreme Court (3)
- Affirmative Action (2)
- Book Review (2)
- Character (2)
- Courts (2)
- Employment Discrimination (2)
- First amendment (2)
- Freedom of Speech (2)
- International Law (2)
- Political Questions and Judicial Power (2)
- Religion (2)
- Abortion Counseling (1)
- Accidents (1)
- Administrative (1)
- Administrative Law (1)
- Administrative Law Judges (1)
- Administrative Procedure (1)
- Administrative Procedure Act (1)
- Africa (1)
- Antitrust (1)
- Antitrust Law (1)
- Appointments Resignations and Dismissals (1)
- Arbitration (1)
- Banking Industry Services (1)
- Banking Law (1)
Articles 1 - 30 of 74
Full-Text Articles in Law
Doping Out The Capitalization Rules After Indopco, John W. Lee
Doping Out The Capitalization Rules After Indopco, John W. Lee
Faculty Publications
In this article, Lee provides guidance for Treasury and the IRS (in their promised clarification of application of INDOPCO). He delineates how to avoid what he perceives as the past pitfalls of capitalization of recurring, insubstantial, or relatively short-lived expenditures with Ito, or inadequate, amortization. The article also sets forth models for (a) amortizing as. a freestanding deferred charge long-lived substantial self-created intangibles such as business expansion costs, including employee training costs, and (b) expensing, or perhaps better, amortizing currently less substantial or regularly recurring, steady state self-created intangibles (such as repairs and advertising, respectively).
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Faculty Publications
No abstract provided.
Equitable Estoppel Against The Government - The Missouri Experience: Time To Rethink The Concept, Kenneth D. Dean
Equitable Estoppel Against The Government - The Missouri Experience: Time To Rethink The Concept, Kenneth D. Dean
Faculty Publications
The purpose of this article is to examine the Missouri cases to determine if there are patterns which provide guidance in understanding what constitutes “exceptional” circumstances or “manifest injustice,” to determine if there is a coherent theory underlying the application of the *68 doctrine, and, finally, to propose modifications to the traditional approach.
A Symbolic Balanced Budget Amendment, Neal Devins
A Symbolic Balanced Budget Amendment, Neal Devins
Faculty Publications
No abstract provided.
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Causation In Fact In Omission Cases, David A. Fischer
Causation In Fact In Omission Cases, David A. Fischer
Faculty Publications
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.
Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer
Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer
Faculty Publications
No abstract provided.
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Faculty Publications
No abstract provided.
An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton
An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton
Faculty Publications
When the General Assembly adopted the Virginia Limited Liability Company Act (the "Act")' in 1991, Virginia joined just four other states in recognizing the potential of a relatively obscure business entity, the limited liability company ("LLC"). The LLC concept has spread rapidly since the adoption of the Virginia Act early last year. Three other states enacted LLC legislation in 1991, and in just the first few months of 1992, six more states followed the trend.
[...]
Although the number of LLCs formed in Virginia since the Virginia Act took effect last July displays the willingness of Virginia attorneys to recommend …
The Upc And The New Durable Powers, David M. English
The Upc And The New Durable Powers, David M. English
Faculty Publications
This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.
Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt
Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Fault Pit, David G. Owen
Group Versus Individuals, Neal Devins
The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover
The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover
Faculty Publications
An American worker finds himself disadvantaged by an employer's affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court's 1989 Martin v. Wilks decision, the answer to that question tended to be "no." Wilks changed the answer to an emphatic ·yes." With the 1991 Civil Rights Act, the answer has become "probably not." This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of …
Editor's Comments, Charles H. Koch Jr.
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Faculty Publications
No abstract provided.
A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker
A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker
Faculty Publications
No abstract provided.
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Faculty Publications
Professor Baker gives his prescription for the Long-Range Planning Committee of the Judicial Conference. First, he considers the "mission" of the federal courts, explaining that there should be no single, objectively correct conception of the role of the federal courts. Second, he discusses his conception of long-range planning, in terms of a relatively short event horizon and the absolutely wide-open scope of the range of proposals that are relevant to the work of the Committee. Third, he describes his preliminary thoughts on the role of the Committee to be a kind of permanent Federal Courts Study Committee modeled after comparable …
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
Faculty Publications
Professor Baker weighs in on a new trend of allowing expert opinion on the status of the law. He begins with a brief history of lay and expert opinion testimony and continues with an analysis of Rule 702 of the Federal Rules of Evidence before concluding that expert opinion on the law simply has no place in federal practice.
Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall
Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall
Faculty Publications
No abstract provided.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Faculty Publications
No abstract provided.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …
Lawyers And Loyalty, Michael K. Mcchrystal
Public Law, Private School: Choice, The Constitution, And Some Emerging Issues, Peter K. Rofes
Public Law, Private School: Choice, The Constitution, And Some Emerging Issues, Peter K. Rofes
Faculty Publications
No abstract provided.
Sports Participation By "Handicapped" Athletes, Matthew J. Mitten
Sports Participation By "Handicapped" Athletes, Matthew J. Mitten
Faculty Publications
No abstract provided.
Can Filing An Appellate Brief Satisfy The Federal Rules For Filing A Notice Of Appeal?, Jay Grenig
Can Filing An Appellate Brief Satisfy The Federal Rules For Filing A Notice Of Appeal?, Jay Grenig
Faculty Publications
No abstract provided.
Does The Imposition Of Pension Plan Withdrawal Liability On An Employer Constitute A Taking Of Property Without Due Process?, Jay E. Grenig
Does The Imposition Of Pension Plan Withdrawal Liability On An Employer Constitute A Taking Of Property Without Due Process?, Jay E. Grenig
Faculty Publications
No abstract provided.