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Articles 31 - 60 of 103
Full-Text Articles in Law
The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr.
The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak
Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Arbitration Of International Contract Disputes, William W. Park
Arbitration Of International Contract Disputes, William W. Park
Faculty Scholarship
International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …
Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare
Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare
Faculty Scholarship
Most government support of arts institutions is indirect—the result of charitable deduction provisions of the federal income tax, property tax exemptions extended by local governments, and other tax provisions. The money that government forgoes through these provisions must be made up by higher taxes for all taxpayers. The public, however, has little say about how these funds are spent. By its very nature, the income tax deduction places the decision-making power over arts institutions in the hands of those with high incomes. Those with high incomes receive a greater tax benefit for each dollar they contribute, increasing the amounts they …
The Business Judgement Rule, Tamar Frankel
The Business Judgement Rule, Tamar Frankel
Faculty Scholarship
Symposium: Current Issues in Corporate Governance: Conference Panel Discussion
Prof. Kozyris: Our discussion today will focus on the so-called "business judgment rule," a judicially developed law concept that the business decisions of corporate management should not be second-guessed by the courts. The courts will not interfere with such decisions as they are being made and carried out, nor will they impose liability on management if it turns out that the decisions were wrong.
Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak
Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Of Law And The River, Paul D. Carrington
Book Review, Paul D. Carrington
Book Review, Paul D. Carrington
Faculty Scholarship
Reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983).
Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer
Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer
Faculty Scholarship
No abstract provided.
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Competence To Refuse Medical Treatment: Autonomy Vs. Paternalism, George J. Annas
Competence To Refuse Medical Treatment: Autonomy Vs. Paternalism, George J. Annas
Faculty Scholarship
The right to refuse medical treatment is universally recognized as a fundamental principle of liberty. Nonetheless, the right is often infringed upon by paternalistic physicians who either use too narrow a definition of competence, or misunderstand or ignore the patient's liberty interest in freedom from coerced medical interventions. A careful consideration of competence in the medical care setting leads to a conclusion that it can best be assessed by determining the patient's ability to understand the information necessary to provide informed consent to treatment. If a patient has this capacity, both his consent and refusal must be honored. Placing competence …
The Original Understanding Of Original Intent, H. Jefferson Powell
The Original Understanding Of Original Intent, H. Jefferson Powell
Faculty Scholarship
When interpreting the Constitution, judges and commentators often invoke the "original intent of the framers" in support of their positions. Many claim that such an interpretative strategy is not only currently desireable, but indeed was the expectation of the Constitution's drafters and early interpreters. In this Article, Professor Powell examines the historical validity of the claim that the framers of the Constitution expected the future interpreters to seek the meaning of the document in the framers' intent. He first examines the various cultural traditions that influenced legal interpretations at the time of the Constitution's birth. Turning to the history of …
Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum
Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum
Faculty Scholarship
The author reviews the nature of disputes and mechanisms for dispute
The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo
The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo
Faculty Scholarship
No abstract provided.
An Analysis Of Durrett And Its Impact On Real And Personal Property Foreclosures: Some Proposed Modifications, William H. Henning
An Analysis Of Durrett And Its Impact On Real And Personal Property Foreclosures: Some Proposed Modifications, William H. Henning
Faculty Scholarship
Section 548(a)(2) of the Bankruptcy Code empowers a bankruptcy trustee to avoid fraudulent transfers of the debtor's assets if the debtor was insolvent at the time of the transfer. Since 1980, a number of federal courts have allowed trustees in bankruptcy to avoid properly conducted foreclosure sales of a debtor's pledged collateral when the collateral was sold for less than seventy percent of its fair market value. These courts have based their decisions on the theory that the transfers involved in these sales are fraudulent conveyances. This theory has been the subject of vigorous opposition from mortgage holders and other …
The Perplexing Borders Of Justification And Excuse, Kent Greenawalt
The Perplexing Borders Of Justification And Excuse, Kent Greenawalt
Faculty Scholarship
This Article's central theme is that Anglo-American criminal law should not attempt to distinguish between justification and excuse in a fully systematic way. I explore three possible bases for drawing the distinction: (1) a distinction between warranted and wrongful conduct; (2) a division between general and individual claims; and (3) a distinction based on the rights of others. I show why none of these bases yields a clear and simple criterion for categorization. The difficulty rests largely on the conceptual fuzziness of the terms ''justification" and "excuse" in ordinary usage and on the uneasy quality of many of the moral …
Third Party Standing, Henry Paul Monaghan
Third Party Standing, Henry Paul Monaghan
Faculty Scholarship
Traditional constitutional theory posits a narrow conception of the issues that a litigant properly may assert. A litigant may invoke only his own constitutional rights or immunities; he may challenge a statute only in the terms in which it is applied to him; and, in the application process, courts have broad power to construe the relevant statutory language so as to avoid constitutional difficulties. The Yazoo case is perhaps the best known example of judicial adherence to these canons. There, a railroad claimed that a statute mandating speedy settlement of "all claims for lost or damaged freight" contravened the fourteenth …
Regulating The Market For Corporate Control: A Critical Assessment Of The Tender Offer's Role In Corporate Governance, John C. Coffee Jr.
Regulating The Market For Corporate Control: A Critical Assessment Of The Tender Offer's Role In Corporate Governance, John C. Coffee Jr.
Faculty Scholarship
Better answers often await better questions. In the wake of a recent series of provocative articles dealing with contested tender offers, several questions have been vigorously debated:
(1) Should management of the target company be allowed to resist a hostile tender offer in order to remain an independent company? Which, if any, of the various "shark repellent" measures by which a potential target can make itself unattractive to a bidder are justified?;
(2) If defensive tactics were generally forbidden, should the target company's management still be permitted to encourage competing bids thereby creating an auction?; and
(3) Do hostile takeovers …
The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus
The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus
Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall
Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall
Faculty Scholarship
No abstract provided.
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Faculty Scholarship
No abstract provided.
Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton
Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton
Faculty Scholarship
No abstract provided.
Grading The Judge, William W. Schwarzer
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg
Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate
A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate
Faculty Scholarship
No abstract provided.
Litigation And Corporate Governance: An Essay On Steering Between Scylla And Charybdis, John C. Coffee Jr.
Litigation And Corporate Governance: An Essay On Steering Between Scylla And Charybdis, John C. Coffee Jr.
Faculty Scholarship
Criticism of the ALI's Corporate Governance Project has had two very different strains. Most vocal have been those critics who exhibit what one sympathetic observer has aptly termed "a neurotic fear of articulation." Although their expressed concern – namely, that courts will be encouraged to second guess boards and impose liability for arm's length business decisions that turned sour – would be a legitimate cause for anxiety if this indeed were the intent or likely effect of the Project, the underlying fear of these critics is more basic and instinctive. It is best revealed in the title of one critique …
Refusal Of Lifesaving Treatment For Minors, George J. Annas
Refusal Of Lifesaving Treatment For Minors, George J. Annas
Faculty Scholarship
I feel very comfortable talking about human rights, civil rights, the role of individual privacy, autonomy, and dignity in making decisions about oneself. Yesterday's topics concerning adults and privacy, however, were much easier than today's, which deal with children. It's not difficult to argue for the right of competent adults, whether it be in Texas' or California,2 to make their own decisions. As much as we may or may not agree with their decisions, at least arguing that -competent individuals like Dax Cowart and Elizabeth Bouvia have a right to make their own decisions makes a lot of sense; the …
Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg
Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.