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2000

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Articles 1 - 30 of 3623

Full-Text Articles in Law

Dialogue And Hierarchy In Charter Interpretation: A Comment On R. V. Mills, Jamie Cameron Dec 2000

Dialogue And Hierarchy In Charter Interpretation: A Comment On R. V. Mills, Jamie Cameron

Articles & Book Chapters

This case comment focuses on two issues of methodology: the first concerns constitutional interpretation and the democratic process, or the dialogue issue, and the second, the relationship between Charter guarantees, or the hierarchy issue. To set the stage, an initial section provides an overview of the Stinchcombe/O'Connor/Mills trilogy, and is followed by a more detailed analysis of Mills that examines the tension between judicial and legislative decision making, before considering how Parliament and the Court altered O'Connor's model for balancing the rights of the accused and complainants. On the latter issue, though the article does ...


Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr. Dec 2000

Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress Dec 2000

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural resource ...


Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon Dec 2000

Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon

Pace Law Faculty Publications

Land use oriented border wars occur all over the United States, especially in areas with concentrated populations such as Westchester County. Many of these disputes arise out of local land use control, which usually fails to address regional issues, instead opting to act only in their individual municipal interests. This article describes several possible solutions involving federal, state, regional, and intermunicipal remedies as well as non-governmental solutions such as land use mediation services, to help create regional answers to regional issues.


Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah Dec 2000

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.


2000 Academic Hooding Ceremony, Nova Southeastern University Dec 2000

2000 Academic Hooding Ceremony, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


The Federal-State Medicaid Match: An Ongoing Tug-Of-War Over Practice And Policy, Karen Matherlee Dec 2000

The Federal-State Medicaid Match: An Ongoing Tug-Of-War Over Practice And Policy, Karen Matherlee

National Health Policy Forum

Reviewing Medicaid match issues since the latter 1980s, this issue brief traces ways in which some states have used creative financing to get more Medicaid matching dollars than they otherwise would qualify for from the federal government. It explores the latest mechanism, states' use of so-called intergovernmental transfers of funds (to avoid established upper payment limits) to increase their matches, triggering efforts by the Senate Finance Committee and the federal Medicaid agency to ban such transfers.


Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School Dec 2000

Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School

Res Gestae

•How to Get As in Law School •ATL Farewell •Final Words •Photo Tribute •For What It's Worth… •The Insider •We Three Films •Album of the Year •Gift Guide


The Weekly December 4, 2000, North Carolina Central School Of Law Dec 2000

The Weekly December 4, 2000, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.


Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson Dec 2000

Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson

All Faculty Scholarship

"I am in the U.S. until February. A few weeks ago, I went to our embassy in Washington and offered to speak on Israel's behalf, to present the true story of what's going on, to counter the very effective job being done by the Palestinians of making it appear as if they are Davids fighting Goliath, and we are not getting the truth out. But the people at the embassy just shrugged."

He knows that in 1948 some 630,000 Arab refugees were encouraged to leave Israel by their leaders, who promised to purge the land of ...


Investing For After-Tax Returns: An Overview, Anne B. Shumadine Dec 2000

Investing For After-Tax Returns: An Overview, Anne B. Shumadine

William & Mary Annual Tax Conference

No abstract provided.


"Tax Library" Resources For The Small To Medium Sized Cpa Or Law Firm - Roundtable Discussion, Michael L. Layman, Timothy H. Guare, J. Patrick Budd, Gregory W. Geisert Dec 2000

"Tax Library" Resources For The Small To Medium Sized Cpa Or Law Firm - Roundtable Discussion, Michael L. Layman, Timothy H. Guare, J. Patrick Budd, Gregory W. Geisert

William & Mary Annual Tax Conference

No abstract provided.


Taxation Of Distributions: Distributions From Partnerships And Limited Liability Companies, David W. Larue Dec 2000

Taxation Of Distributions: Distributions From Partnerships And Limited Liability Companies, David W. Larue

William & Mary Annual Tax Conference

No abstract provided.


Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources Dec 2000

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources

William & Mary Annual Tax Conference

No abstract provided.


Wealth Preservation With Asset Protection Trusts, Gideon Rothschild Dec 2000

Wealth Preservation With Asset Protection Trusts, Gideon Rothschild

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard, Martin J. Mcmahon Jr. Dec 2000

Recent Developments In Federal Income Taxation, Ira B. Shepard, Martin J. Mcmahon Jr.

William & Mary Annual Tax Conference

No abstract provided.


The Conflict Between Retirement Planning And Estate Planning: Integrated Qualified-Plan Distributions And Retirement Planning, Bruce J. Temkin Dec 2000

The Conflict Between Retirement Planning And Estate Planning: Integrated Qualified-Plan Distributions And Retirement Planning, Bruce J. Temkin

William & Mary Annual Tax Conference

No abstract provided.


Ndls Update 12/2000, Notre Dame Law School Dec 2000

Ndls Update 12/2000, Notre Dame Law School

NDLS Updates

No abstract provided.


Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff Dec 2000

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.


Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice Dec 2000

Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Juvenile Victims Of Property Crimes, Us Department Of Justice Dec 2000

Juvenile Victims Of Property Crimes, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


State Custody Rates, 1997, Us Department Of Justice Dec 2000

State Custody Rates, 1997, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd Dec 2000

Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth Dec 2000

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.


[Review Of The Book Environmental Regulations And Corporate Strategy: A Nafta Perspective], Lance A. Compa Dec 2000

[Review Of The Book Environmental Regulations And Corporate Strategy: A Nafta Perspective], Lance A. Compa

Articles and Chapters

[Excerpt] What can proponents of liberalized international trade do about barriers to trade erected in the name of environmental protection? What can corporate strategists do to expand their firms' trade opportunities in new institutional frameworks linking trade and environmental protection? The Canadian authors of Environmental Regulations and Corporate Strategy address these questions from backgrounds in management studies, economics, political science, international relations, and law. Drawing on each discipline, they set out an ambitious goal: "a new and unified model" for corporate strategy and public policy that reconciles trade promotion and environmental concerns.


Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General Dec 2000

Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General

California Agencies

No abstract provided.


Puzzling Stock Options And Compensation Norms, Saul Levmore Dec 2000

Puzzling Stock Options And Compensation Norms, Saul Levmore

Coase-Sandor Working Paper Series in Law and Economics

Why do so many executives and other employees receive fixed stock options as part of their compensation packages? There is an impressive literature on compensatory options, and yet it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we do observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling, in the form of employees' disinclination to be seen as ...


The Assault On Managed Care: Vicarious Liability, Class Actions, And The Patient's Bill Of Rights, Alan O. Sykes, Richard A. Epstein Dec 2000

The Assault On Managed Care: Vicarious Liability, Class Actions, And The Patient's Bill Of Rights, Alan O. Sykes, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Conjunction And Aggregation, Saul Levmore Dec 2000

Conjunction And Aggregation, Saul Levmore

Coase-Sandor Working Paper Series in Law and Economics

This Article begins with the puzzle of why law does not embrace the "product rule"; a mathematically-inclined judge or jury that thought a defendant .6 likely to have been negligent and .7 likely to have caused plaintiff's harm might conclude that plaintiff had failed to satisfy the preponderance of the evidence standard. Following some discussion of a number of reactions to this puzzle, the Article advances the idea that the process of aggregating multiple jurors' assessments overlooks valuable information. First, following the Condorcet Jury Theorem, agreement among jurors might raise our level of confidence beyond what the jurors themselves ...


Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes Dec 2000

Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.