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Articles 1 - 30 of 46
Full-Text Articles in Law
Divorce, Tax-Style, Alan L. Feld
Divorce, Tax-Style, Alan L. Feld
Faculty Scholarship
In response to the "sham divorce" tactic, the IRS recently issued Revenue Ruling 76-255. The author, professor of law at Boston University School of Law, although sympathetic with the IRS's position in the Ruling, poin4s out situations where the divorce-remarriage may possibly be considered valid because of the existence of nontax effects.
Vulnerability Of Professional-Client Privilege In Shareholders Litigation, F. Hodge O'Neal, Stephen R. Thompson
Vulnerability Of Professional-Client Privilege In Shareholders Litigation, F. Hodge O'Neal, Stephen R. Thompson
Faculty Scholarship
No abstract provided.
Political Censorship: Some Reflections On Its Validity In Israel's Constitutional Law, Pnina Lahav
Political Censorship: Some Reflections On Its Validity In Israel's Constitutional Law, Pnina Lahav
Faculty Scholarship
On 19 January 1976, the Government of Israel announced its intention to impose censorship on two categories of information:
(1) Information about the existence or content of a document relating to Israel's foreign affairs which is classified “top secret” or similarly classified and which is addressed from Israel to a foreign country or from a foreign country to Israel.
(2) Information relating to a visit by an Israeli official to a foreign country or a visit by a foreign official to Israel, or a meeting between an Israeli and a foreign official—when no diplomatic relations obtain between Israel and that …
On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski
On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski
Faculty Scholarship
No abstract provided.
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Faculty Scholarship
No abstract provided.
The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton
The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton
Faculty Scholarship
The OMVS (l'Organisation Pour la Mise en Valeur du Fleuve Senegal) is a unique exception to this assessment. The three West African governments of Mali, Mauretania, and Senegal (the "Member States") are engaged in an experiment in international organization that is not only following the most advanced concepts of integrated river basin development,, but which may also afford a lesson in cooperation on a broad scale. This article is intended as a description of the organizational history and structure of the OMVS and a comparison with those of other international river commissions with similar goals.
Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon
Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon
Faculty Scholarship
The Uniform Probate Code was drafted to facilitate modernization, simplification, and uniformity of state inheritance laws. Since its approval by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in August 1969, the Code has been enacted in various forms by 11 states. In this Article, the Authors analyze significant deviations from the recommended version of article II in the first nine enactments of the UPC. The Authors argue that all but exceptionally meritorious changes in enacted versions of the UPC should give way to the goal of state uniformity in inheritance laws, and …
Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton
Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton
Faculty Scholarship
No abstract provided.
The Case For Highly Graduated Rates In State Income Taxes, Robert I. Keller
The Case For Highly Graduated Rates In State Income Taxes, Robert I. Keller
Faculty Scholarship
No abstract provided.
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
Faculty Scholarship
No abstract provided.
A Practitioner's Guide To The Maryland Antitrust Act, William L. Reynolds, James D. Wright
A Practitioner's Guide To The Maryland Antitrust Act, William L. Reynolds, James D. Wright
Faculty Scholarship
No abstract provided.
Recent Decisions, Phoebe A. Haddon
Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson
Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson
No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson
Faculty Scholarship
The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Faculty Scholarship
No abstract provided.
The Supreme Court And Its Impact On The Court Of Military Appeals, Scott L. Silliman
The Supreme Court And Its Impact On The Court Of Military Appeals, Scott L. Silliman
Faculty Scholarship
The interrelationship between the United States Supreme Court and the Court of Military Appeals is not a new subject for either analysis or commentary. It has been the subject of numerous articles and lectures throughout the years. However, recent significant pronouncements from both courts warrant re-examination of the relationship. This comment addresses the "philosophy" of each court and the extent to which the Supreme Court and other sources of commentary have influenced the Court of Military Appeals' perception of its function and identity. Since the comment is concerned primarily with trends and philosophies, much of its appraisal can be found …
Environmental Decision-Making And Facilities Siting, Michael S. Baram
Environmental Decision-Making And Facilities Siting, Michael S. Baram
Faculty Scholarship
Facility siting is today a highly complex process involving developers, interest groups and numerous authorities at all levels of government. Measured in terms of costs and time, the process is inefficient. Measured in terms of environmental quality indicators, the process is largely ineffective in ensuring the appropriate siting and design decisions. Each of the numerous Federal, state and local authorities involved in the process in turn applies its narrowly drawn criteria to its permit and other review procedures—to accomplish its limited objectives.
Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart
Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart
Faculty Scholarship
No abstract provided.
Rhetoric, Consistency, And Human Progress, Legal Or Otherwise, George C. Christie
Rhetoric, Consistency, And Human Progress, Legal Or Otherwise, George C. Christie
Faculty Scholarship
No abstract provided.
Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.
Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.
Faculty Scholarship
Reviewing A. Cox, The Role of the Supreme Court in American Government
The Effect Of The Adoption Of Comparative Negligence On California Community Property Law: Has Imputed Negligence Been Revived?, William A. Reppy Jr.
The Effect Of The Adoption Of Comparative Negligence On California Community Property Law: Has Imputed Negligence Been Revived?, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The Entrapment Controversy, Roger C. Park
Limiting Religious Tax Exemptions: When Should The Church Render Unto Caesar?, Stephen Schwarz
Limiting Religious Tax Exemptions: When Should The Church Render Unto Caesar?, Stephen Schwarz
Faculty Scholarship
No abstract provided.
The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang
The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang
Faculty Scholarship
No abstract provided.
Pooling Agreements Under The New California General Corporation Law, William K.S. Wang
Pooling Agreements Under The New California General Corporation Law, William K.S. Wang
Faculty Scholarship
No abstract provided.
Variable Life Insurance, Tamar Frankel
Ethical Relativism And The Problem Of Incoherence, David B. Lyons
Ethical Relativism And The Problem Of Incoherence, David B. Lyons
Faculty Scholarship
Ethical relativism flirts with incoherence by suggesting that incompatible judgments can both be true. This paper shows that some relativistic theories avoid incoherence while others do not. Some theories ground moral judgments on principles ascribed to social groups while others ground moral judgments on principles ascribed to individuals. Some theories regard the relevant principles as applicable to an individual’s own action (agent relativism) while others regard the relevant principles as applicable to the individual’s moral judgments (appraiser relativism). Some theories regard moral judgments as possessing truth values while others regard moral judgments as lacking truth values. Relativistic theories suffer from …
Regulation Of Electroconvulsive Therapy, Carol Sanger
Regulation Of Electroconvulsive Therapy, Carol Sanger
Faculty Scholarship
Electroconvulsive therapy (ECT) is a psychiatric procedure that induces a convulsive seizure in the patient in order to treat severe depression. Recently, courts, legislatures, and the medical profession have paid increasing attention to the regulation of ECT. Their interest has been stimulated by the growing recognition of the rights of mental patients, the developing role of consent in medical transactions, and the results of recent scientific research on the efficacy and consequences of ECT.
Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the …
Stevens V. Parke, Davis & Co., Marsha N. Cohen
Stevens V. Parke, Davis & Co., Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger
Faculty Scholarship
During the past half century there have existed in this country two opposing constitutional traditions regarding the press. On the one hand, the Supreme Court has accorded the print media virtually complete constitutional protection from attempts by government to impose affirmative controls such as access regulation. On the other hand, the Court has held affirmative regulation of the broadcast media to be constitutionally permissible, and has even suggested that it may be constitutionally compelled. In interpreting the first amendment, the Court in one context has insisted on the historical right of the editor to be free from government scrutiny, but …