Law Commons^™

Revised Innocent Spouse Rules Offer Greater Tax Relief, Linda M. Johnson, A. Bruce Clements

Faculty and Research Publications

When a married couple files a joint tax return, both spouses become jointly and severally liable for the income taxes due, including any additional taxes, interest, and penalties determined at a later date. In the event of an underpayment of income tax, the IRS can proceed against either spouse to collect the entire tax deficiency. This places a spouse in a precarious position in situations where the other spouse deliberately omits income or overstates deductions on a jointly filed income tax return, even if the spouse is totally unaware of the other's transgressions. Relief from joint and several liability is …

From Paper To Action: State-Level Interagency Agreements For Supported Employment Of People With Disabilities, Deborah Metzel, Susan M. Foley, John Butterworth

All Institute for Community Inclusion Publications

Over the past decade there has been an increasing national emphasis on the participation of individuals with disabilities in the labor force. This concern was recognized through Executive Order No. 13078 signed by President Bill Clinton in March 1998, establishing the Presidential Task Force on Employment of Adults with Disabilities. The Task Force was charged with a mission "to create a coordinated and aggressive policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population" (Section 1 (c)). Legislation and policy changes have also been directed …

Interim Management Arrangements For The Commercial Mackerel Fishery. Ministers Responses To The Final Report Of The Mackerel Independent Advisory Panel. (Fisheries Management Paper 164), Kim Chance

Fisheries management papers

The Government recognises that the mackerel fishery is important to both the recreational and commercial fishing sectors. However, the purpose of these arrangements is not to allocate the mackerel resource between the sectors but within the commercial sector. Resources sharing issues are subject to investigation in the Integrated Fisheries Management Review where alternative management frameworks and principles for allocating fish stocks to ensure maximum benefit to the community are examined.

Copyright Preemption And The Right Of Publicity, Jennifer E. Rothman

All Faculty Scholarship

This article addresses the conflict between an ever-expanding right of publicity and the federally guaranteed rights provided by copyright law. This conflict is highlighted in the Wendt v. Host International case in which the actors George Wendt and John Ratzenberger from Cheers used the right of publicity to prevent the show's creators from licensing the use of the Norm and Cliff characters in the decor of a chain of airport bars. Even though the licensing of the characters was explicitly allowed under copyright law, the Ninth Circuit held that the right of publicity prevented the creators from doing so. Similarly, …

The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith

Faculty Scholarship

This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relationships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as fiduciary conforms to the following pattern: one party (the fiduciary) acts on behalf of another party (the beneficiary) while exercising discretion with respect to a critical resource belonging to the …

2002 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the third in a series of publications …

Fair Weather Or Foul? Maine's Business Climate Revisted, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

There is no shortage of analyses of the problems of Maine’s economy, or of proposed solutions. Once again, a number of recent reports have argued that Maine has a highly unfavorable business climate, characterized by excessive taxes and excessive regulation. These reports go on to argue that Maine must improve its business climate through such suggested changes as an overhaul of the tax system, elimination of property taxes on business equipment purchases, reducing the state’s regulatory burden, and reducing Maine’s supposedly high “tax burden.” Although the support for these proposals is framed as being “irrefutable,” in reality many of the …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusaion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the first in a series of publications …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the second in a series of publications …

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

All Faculty Scholarship

No abstract provided.

Converting Intellectual Assets Into Property, Thomas G. Field Jr

Law Faculty Scholarship

The mouse and graphic interface were first commercialized on Macintosh computers. Yet, Steve Jobs is said to have derived both from the Alto computer developed by Xerox's Palo Alto Research Center. While Jobs became a billionaire, "Xerox completely failed to get into the personal computer business, missing one of the biggest business opportunities in history."

Preferring to be more akin to Apple than to Xerox, firms are increasingly mindful that their most valuable assets are apt to be ideas and information instead of land, buildings and inventory. Not capable of being fenced in or locked up, intangible assets can be …

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

Agenda: Coalbed Methane Development In The Intermountain West, University Of Colorado Boulder. Natural Resources Law Center

Coalbed Methane Development in the Intermountain West (April 4-5)

306 p. : ill., maps ; 28 cm

"July 2002"--Cover

Proceedings of a conference held April 4-5, 2002

Listed as no. 28 in the Research Report Series on the NRLC Recent Publications list

Includes bibliographical references

Contents:

Coalbed methane development in the Intermountain West : a primer / Gary Bryner -- Coalbed methane development in the Intermountain West : case studies. Coalbed methane in the San Juan Basin of Colorado and New Mexico / Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell ; Coalbed methane development in Wyoming's Powder River Basin / Diana Hulme -- Keynote address / Rebecca Watson …

Cbm Development And Water Issues, Dave Brown

Coalbed Methane Development in the Intermountain West (April 4-5)

7 pages (includes color illustrations).

Impacts Of Cbm Development On Communities, Gwen Lachelt

Coalbed Methane Development in the Intermountain West (April 4-5)

2 pages.

Cbm Development On The Southern Ute Reservation, Bob Zahradnik

Coalbed Methane Development in the Intermountain West (April 4-5)

6 pages (includes color illustrations and maps).

Best Cbm D[R]Illing, Completion, Production, Technologies, And Management Practices, Dennis Carlton

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Concluding Comments, Peter Dea

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Concluding Comments, Mark Sexton

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Concluding Comments, Mark Pearson

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

A Risk/Cost Framework For Logistics Policy Evaluation: Hazardous Waste Management, Kimberly Hollister

Department of Information Management and Business Analytics Faculty Scholarship and Creative Works

The management of hazardous waste disposal operations is extremely complex involving a multitude of environmental, engineering, economic, social and political concerns. This article proposes a framework to assist policy makers in the evaluation of logistic policies. A spatial general equilibrium based policy evaluation model is developed to calculate risk, cost, and risk equity tradeoff curves. This framework provides policy makers a tool with which they can relate resulting logistics patterns and their associated risk, cost, and equity attributes to original policy goals.

Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, October 11, 2001.

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.

Recent Developments In The Law Of Comparative Advertising In Italy: Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli

Research Collection Yong Pung How School Of Law

On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explore this issue and …

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

The Translocation Of Barramundi (Lates Calcarifer) For Aquaculture And Recreational Fishery Enhancement In Western Australia., Tina Thorne

Fisheries management papers

This Management Paper is intended to assist the Executive Director when considering the issuing of authorisations for commercial aquaculture under Section 92 of the Fish Resources Management Act 1994; written approvals or written authorities for the translocation of barramundi under Regulation 176 of the Fish Resources Management Regulations 1995; and in the development of programs for recreational fishery enhancement of barramundi. It is also designed to provide guidance to the aquaculture industry and recreational fishing groups when considering the farming or stocking of barramundi in this State.

Policy For The Implementation Of Ecologically Sustainable Development Fisheries And Aquaculture Within Western Australia, W. J. Fletcher

Fisheries management papers

The purpose of this ESD policy is to outline a way forward by showing in a practical manner: • how the ESD principles will be interpreted and applied within the fisheries context generally and within the Department of Fisheries specifically, • the conceptual framework that will be used to assess performance against ESD principles, • the methods for reporting on and auditing this performance, and • how these principles and the framework relate to other relevant state, national and international treaties and instruments.