Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- International Law (5)
- Legal History (4)
- Tax Law (4)
- Taxation-State and Local (4)
-
- Civil Rights and Discrimination (3)
- Criminal Law (3)
- Other Law (3)
- Courts (2)
- Jurisprudence (2)
- Legislation (2)
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Contracts (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- Family Law (1)
- First Amendment (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- Judges (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Law and Society (1)
- Property Law and Real Estate (1)
- Religion Law (1)
- Institution
- Keyword
-
- Terrorism (4)
- Constitution (3)
- Discrimination (3)
- International law (2)
- Judiciary (2)
-
- Marriage (2)
- State (2)
- Tax (2)
- 42 USC 1981 (1)
- 42 USC 1982 (1)
- ADR devices (1)
- Action (1)
- Affirmance (1)
- Agencies (1)
- Alimony (1)
- Alternative dispute resolution (1)
- Ancestry (1)
- Anti-terrorism (1)
- Anti-totalitarianism (1)
- Antitrust (1)
- Appointment (1)
- Bias (1)
- Bound (1)
- Characteristic (1)
- Checks and balances (1)
- Christian (1)
- Civil Rights (1)
- Civil rights (1)
- Civil rights enforcement (1)
- Code (1)
Articles 1 - 28 of 28
Full-Text Articles in Law
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann
Scholarly Works
The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …
Legal Reasoning And The Jurisprudence Of Vertical Restraints: The Limitations Of Neoclassical Economic Analysis In The Resolution Of Antitrust Disputes, John J. Flynn, James F. Ponsoldt
Legal Reasoning And The Jurisprudence Of Vertical Restraints: The Limitations Of Neoclassical Economic Analysis In The Resolution Of Antitrust Disputes, John J. Flynn, James F. Ponsoldt
Scholarly Works
Cognizant of historical shifts in the methodology and standards applied in antitrust analysis, particularly in the analysis of vertical restraints, this Article first considers the underlying jurisprudential nature of legal reasoning as background for determining what the law of vertical restraints ought to be. The Article then explores the implications of substitution "economic analysis"--in the narrow sense of the economic analysis advocated by the Chicago School of "law and economics"--for legal reasoning in disputes arising under the antitrust laws. A more accurate, multivalued background for antitrust policy is explored. This Article finally proposes a method for analysis of vertical restraints …
The Evolution Of Law: Continued, Alan Watson
The Evolution Of Law: Continued, Alan Watson
Scholarly Works
In my book The Evolution of Law I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrations and for them and for other readers who, whether convinced of the thesis or not, would like further evidence, I want here to bring forward a few extra significant examples.
Tax Notes Does A Disservice To Florida Services Tax, Walter Hellerstein
Tax Notes Does A Disservice To Florida Services Tax, Walter Hellerstein
Scholarly Works
This is a letter to the editor of Tax Notes regarding the article published by Lee Sheppard in the August 3, 1987 Tax Notes entitled, Beyond Unitary: Florida Services Tax Apportionment. The article written by Ms. Sheppard does not accurately reflect the views of Mr. Hellerstein.
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Scholarly Works
Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …
A Primer On Florida's Sales Tax On Services, Walter Hellerstein
A Primer On Florida's Sales Tax On Services, Walter Hellerstein
Scholarly Works
This special report is based on the Legal Study of Florida’s Sales Tax on Services prepared by Professor Hellerstein, Prentiss Wilson, Jr., and Morrison & Foerster for the Florida Department of Revenue. This special report deals with the issues arising from Florida’s extension of the sales tax to cover services. The report first discusses the issue of pyramiding of taxes and explores the question of how that issue should be treated in the context of sales services in light of the pre-existing treatment of the issue in the context of sales of tangible personal property. Next, the problem of defining …
Primer On Florida's Sales Tax On Services, Walter Hellerstein
Primer On Florida's Sales Tax On Services, Walter Hellerstein
Scholarly Works
This special report describes the basic structure and operation of the Florida sales tax as adopted in its final form by the Florida Legislature on June 6, 1987 in order to clear up confusion about the tax. It begins by addressing the amount of controversy that the recently enacted sales and use tax on services has created and states that much of the controversy is based on confusion over what the law actually says and how it works. Next, the report goes into the operation of the statute and stresses that the tax applies only to services that are consumed …
Transfer -On-Death Securities Registration: A New Title Form, Richard V. Wellman
Transfer -On-Death Securities Registration: A New Title Form, Richard V. Wellman
Scholarly Works
This article is inspired by a new form for registering corporate shares that is now available to certain stockholders of Southwestern Bell Corporation (SBC). Designed to replace stock registrations that make two or more persons appear to be co-owners, the new form, referred to herein as a transfer-on-death (TOD) registration, enables a sole owner to register a designation of a death beneficiary in whose favor a transfer on death of the registered shares may occur outside the probate process. The new registration form extends a key provision of the Uniform Probate Code (U.P.C.) that was designed to encourage development of …
Tenant Remedies For Breach Of Habitability: Tort Dimensions Of A Contract Concept, Jim Smith
Tenant Remedies For Breach Of Habitability: Tort Dimensions Of A Contract Concept, Jim Smith
Scholarly Works
This article advances the premise that the hybrid contract-property model of leases may be appropriate to provide flexible choices for many areas of landlord-tenant law and, perhaps, may be suitable as a general model, but that it has failed as applied to the question of the tenant's remedies for breach of the warranty of habitability. As applied to remedies, the contract-property hybrid is a false dichotomy, or perhaps more accurately, the wrong dichotomy. The proper analysis of tenant remedies when the landlord breaches the habitability duty requires that a line be drawn between the tort duties and the contract duties …
Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Scholarly Works
No abstract provided.
Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein
Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein
Scholarly Works
Few questions in recent years have spawned as much controversy and as little academic interest as the scope of commerce clause restraints on state tax power. The Supreme Court has handed down an extraordinary number of significant decisions addressed to the limitations the commerce clause imposes on state taxation. Yet these decisions have barely caught the eye of the nation's leading law reviews or constitutional scholars. Even those observers who have recognized the Court's renaissance of interest in the dormant commerce clause have largely confined their attention to state regulation, as distinguished from state taxation, of interstate commerce. If there …
Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post
Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post
Scholarly Works
No abstract provided.
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
Rehnquist, Recusal, And Reform, Jeffrey W. Stempel
Rehnquist, Recusal, And Reform, Jeffrey W. Stempel
Scholarly Works
In September 1986, the Senate confirmed William H. Rehnquist as Chief Justice of the United States by a vote of 66 to 33, an unusually close vote for a successful Supreme Court nominee. Although Justice Rehnquist’s elevation from Associate to Chief Justice engendered substantial criticism because of his judicial philosophy, past political activity, and possible views on race relations, the most serious threat to his nomination arose from his decision fifteen years earlier to sit and cast the deciding vote in a Supreme Court case in which many questioned both his impartiality and his candor. That Justice Rehnquist's role in …
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Scholarly Works
On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
Legal Evolution And Legislation, Alan Watson
Legal Evolution And Legislation, Alan Watson
Scholarly Works
For several years I have been working on two relationships: the relationship between legal rules and the society in which they operate, and the relationship between sources of law and the way law evolves. Some critics have suggested that in discussing the evolution of law, I have understated the revolutionary force of legislation and statutory law. This issue will be the focus of this article.
The Integration Of Spiritual And Temporal, Leslie C. Griffin
The Integration Of Spiritual And Temporal, Leslie C. Griffin
Scholarly Works
No abstract provided.
The Law Of Alimony, Christopher L. Blakesley
Legality And Empathy, Lynne Henderson
What Makes Rape A Crime?, Lynne Henderson
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
Scholarly Works
No abstract provided.
Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer
Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer
Scholarly Works
Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.
The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee
The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee
Scholarly Works
Illinois’ highest court continues to follow the rule that courts of this state are strictly bound by Supreme Court decisions construing provisions that are substantially identical to provisions found in the Illinois Constitution. Increasingly, however, this rule has been challenged by dissenting justices who contend that it is contrary to the state’s independent legal tradition and rests upon an accurate view of the relationship between federal and state courts and their respective constitutions. These justices contend that the court may give independent attention to the provisions of the Illinois Constitution and need not slavishly adhere to decisions of the Supreme …
Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee
Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee
Scholarly Works
The Supreme Court's decision in Shelley v. Kraemer, the Supreme Court held unconstitutional judicial enforcement of racially restrictive covenants. If Shelley marks an important point in the progress of American race relations, it may be even more significant as a symbol of the vexing search for the boundaries between purely private and state action and, more specifically, the reach of the protections of the Fourteenth Amendment in a changing world. In this article, the author argues that Shelley can be read as a watershed decision that in a single stroke (1) eliminated the independent significance of the Supreme Court's long-adopted …
Copyright Law And Your Neighborhood Bar And Grill: Recent Developments In Performance Rights And The Section 110(5) Exemption, David E. Shipley
Copyright Law And Your Neighborhood Bar And Grill: Recent Developments In Performance Rights And The Section 110(5) Exemption, David E. Shipley
Scholarly Works
This Article attempts to clarify the chaotic state of the law concerning performance rights. First, it briefly summarizes the history of this right and discusses some of the problems Congress sought to resolve when it passed the 1976 Act. Second, it outlines several of the Act's key provisions on the performance right. Finally, it discusses the recent decisions which have interpreted these provisions and analyzes their impact on the activities of commercial establishments. These decisions show that the pertinent sections of the 1976 Act provide reasonably clear guidelines outlining the ways in which copyrighted works can be publicly performed or …
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
Scholarly Works
No abstract provided.