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Articles 2611 - 2640 of 3076
Full-Text Articles in Law
Tax Avoidance, Alan Gunn
Tax Avoidance, Alan Gunn
Journal Articles
Professor Gunn explores the merits of “tax avoidance” approaches in dealing with cases involving unpaid taxes. He describes definitions of the term and also illustrates some alternatives to the tax avoidance approach. Looking at how tax avoidance is dealt with in laws and in judicial decisions Gunn notes that lawmakers should not attempt to formulate authoritative rules on preventing it. This is because taxpayers have a well-known desire to reduce their taxes, and will find ways to get around laws. Authoritative and too well defined rules ignore what taxpayers might do in response to them. Professor Gunn concludes by arguing …
Challenging Conglomerate Mergers Under Section 7 Of The Clayton Act: Today's Law And Tomorrow's Legislation, Joseph P. Bauer
Challenging Conglomerate Mergers Under Section 7 Of The Clayton Act: Today's Law And Tomorrow's Legislation, Joseph P. Bauer
Journal Articles
Federal antitrust enforcement has undergone a radical transformation in the past decade. The change in enforcement patterns has been most noticeable in the area of merger law. The magnitude of this shift, the confusion that has characterized the case law accompanying it, and the increasing prominence of conglomerate mergers as a means to corporate expansion form the basis for this article. The primary source for regulation of mergers under the antitrust laws is section 7 of the Clayton Act, which proscribes those corporate acquisitions “where in any line of commerce in any section of the country, the effect of such …
Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz
Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz
Journal Articles
On October 11-12, 1978, Judge A. Leon Higginbotham, Jr.' delivered the Notre Dame Law School's Seventh Annual Civil Rights Lecture under the general title, "From Thomas Jefferson to Bakke: Race and the American Legal Process." It seems to us appropriate, therefore, on the occasion of the Higginbotham lecture, to consider his work as both historian and judge. Specifically, this article will serve the threefold purpose of (1) reviewing Matter of Color, (2) illustrating the author's use of history in two judicial opinions dealing with the rights of black Americans, and (3) reflecting upon the implications of Higginbotham's work in legal …
Douglas V. Willcuts Today: The Income Tax Problems Of Using Alimony Trusts, Alan Gunn
Douglas V. Willcuts Today: The Income Tax Problems Of Using Alimony Trusts, Alan Gunn
Journal Articles
Using a trust to satisfy a husband's' obligation to support his wife after divorce can be an appealing option. However, a trust in connection with divorce generates taxation problems, such as whether the husband or the wife should be taxed for trust income. Three fundamental questions arise from this problem: (1) Should a wife who receives trust payments meeting the requirements of section 71 be taxed in full on those payments, or taxed only on payments characterized as distributions of trust income under the trust conduit rules? (2) Should the husband or the wife be taxed on the income of …
The Mistake Of Fact Defense And The Reasonableness Requirement, Margaret F. Brinig
The Mistake Of Fact Defense And The Reasonableness Requirement, Margaret F. Brinig
Journal Articles
This article examines specifically the mistake of fact defense and its disparate treatment under these two systems of justice. The British approach is to retain a subjective element in the mistake of fact defense, while American courts impose an objective "reasonableness" requirement. The substantive criminal law approach, utilizing the concept of mens rea, will be discussed first, and will be followed by a treatment of recent American constitutional developments in the area of burden of proof standards in their criminal context. Finally, two factually similar rape cases, one British and one American, will be analyzed to show the present contrasting …
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Journal Articles
Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence …
A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer
A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer
Journal Articles
This article is about the process by which a person makes up his mind. In literature, the making up of a character's mind is a stage on which an author lets you know about his people and about his time. An example is Huckleberry Finn deciding whether to report Jim, his companion and a runaway slave. I propose to consider another example of a literary character making up his mind-the story of Septimus Harding and the sinecure, in The Warden, a quaint Victorian ecclesiastical tale by Anthony Trollope.
Lawyers spend hours helping their clients make up their minds. The process …
The Development Of The Federal Law Of Gambling, G. Robert Blakey, Harold A. Kurland
The Development Of The Federal Law Of Gambling, G. Robert Blakey, Harold A. Kurland
Journal Articles
The Commission on the Review of the National Policy Toward Gambling, believing that the States should have the primary responsibility for determining what forms of gambling may legally take place within their borders, recently suggested that the federal government should prevent interference by one State with the gambling policies of another, and should act to protect identifiable national interests.
Although this broad recommendation reinforces the role the federal government has traditionally played in regulating gambling, the Commission also proposed specific amendments to the cur- rent federal gambling laws. Should Congress act upon the Commission's report or otherwise attempt a comprehensive …
Reassessing Law Schooling: The Sterling Forest Group, Thomas L. Shaffer
Reassessing Law Schooling: The Sterling Forest Group, Thomas L. Shaffer
Journal Articles
This Article is the result of a weekend in December 1976 at the Sterling Forest Conference Center. Several legal educators came together there to explore the possible relevance of humanistic educational psychology to legal education, and the pieces that follow flow from the experiences in learning we shared there. The concerns that brought the ten of us together were not new; rather, they emanated from a longstanding challenge within the profession.
Although we taught at different institutions and in different fields, our experiences had led us to a common dissatisfaction with legal education and a hope that more was possible. …
Truthfulness And Tragedy (Book Review), Thomas L. Shaffer
Truthfulness And Tragedy (Book Review), Thomas L. Shaffer
Journal Articles
This is the third book in which Professor Stanley Hauerwas has developed his "story" approach to Christian ethics. It is a collection of essays, almost all of which appeared in periodicals, written while he was developing his theory more systematically in Vision and Virtue (1974), and in Character and the Christian Life (1975). One of the chapters here, on suicide and euthanasia, was written with Dr. Richard Bondi; two others, on story theology and on Albert Speer's Inside the Third Reich, were written with Father David B. Burrell. The essays are arranged so that they explain and defend Hauerwas' thought …
1977–79 Bulletin Of Information, University Of Notre Dame, Law School, Volume 73, Number 9, University Of Notre Dame
1977–79 Bulletin Of Information, University Of Notre Dame, Law School, Volume 73, Number 9, University Of Notre Dame
Bulletins of Information
Notre Dame Law School
4 Notre Dame Law School
5 Foreign Law Study
7 Joint Degree Programs
8 Requirements for Admission
10 Fees and Expenses
11 Financial Aid Proram
The Law Program
16 Student Activities
17 Curriculum
18 Course Descriptions
Appendix
26 Officers of Administration
26 The Law School Faculty
27 London Faculty
27 Practice Court Judges
27 Faculty Profiles
31 The Thomas and Alberta White Chair in Law
31 The Center for Civil Rights
31 The Law Advisory Council
32 Notre Dame Law Association
33 American Journal of Jurisprudence
34 Campus Map
36 Honor Code
36 The Law School …
132nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
132nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
132nd University of Notre Dame Commencement and Mass Program
Summer
Report Of The Dean 1976–1977, David T. Link
Report Of The Dean 1976–1977, David T. Link
1975–1999: David T. Link
Dean David Link provides a comprehensive and detailed description of the state of Notre Dame Law School as it closes the 1976–1977 academic year. The eight elements covered in his report include: goals, students, faculty, administration, curriculum, physical facility, alumni support, and resources.
132nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
132nd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
132nd University of Notre Dame Commencement and Mass Program
Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds
Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds
Journal Articles
Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is …
Taxation Of Distributions From Accumulation Trusts: The Impact Of The Tax Reform Act Of 1976, David T. Link, Michael J. Wahoske
Taxation Of Distributions From Accumulation Trusts: The Impact Of The Tax Reform Act Of 1976, David T. Link, Michael J. Wahoske
Journal Articles
The complex rules governing the taxation of income from trusts and estates have at times been described as incomprehensible. Perhaps the most confusing of these are the accumulation distribution throwback rules. In an effort to alleviate some of this confusion, Congress included accumulation trusts within the purview of the Tax Reform Act of 1976. Though Congress claimed that the rules are now "considerably simplified," it is not without some effort that one is able to translate the statutory language into a form useful to the practitioner.
Given the complexity of the rules, it is necessary to begin with a caveat. …
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Journal Articles
The US Supreme Court’s 1973 and the German Federal Constitutional Court’s 1975 decisions on abortion provide us with an uncommon opportunity to compare the constitutional law of different nations on the issue. The two courts took opposing stances in their decisions. The US Supreme Court substantially curtailed the power of American states to limit abortion while the German court ruled that an existing statute that permitted abortion within the first three months of pregnancy violated the rights of unborn children. These opinions can be explained by the different political contexts of the two nations and different perceptions on judicial intervention …
Studies Of Legal Education: A Review Of Recent Reports, Thomas L. Shaffer, Robert S. Redmount
Studies Of Legal Education: A Review Of Recent Reports, Thomas L. Shaffer, Robert S. Redmount
Journal Articles
Early in 1972, the Carnegie Commission on Higher Education published its report on legal education. It is the most prominent study of legal education in the last decade, and typical of discourse in and about law schools—urbane, speculative, unempirical, conceptual, rarely student-centered. The authors of the Carnegie report were articulate law teachers. They wrote with their feet up and their pipes lit, without attention to facts which did not come from their considerable experience. The value of such reports is the thoughtfulness of the people who write them, and their predictive accuracy is due to the fact that people who …
1977–79 Bulletin Of Information, University Of Notre Dame, Law School, Volume 73, Number 3, University Of Notre Dame
1977–79 Bulletin Of Information, University Of Notre Dame, Law School, Volume 73, Number 3, University Of Notre Dame
Bulletins of Information
Notre Dame Law School
4 Notre Dame Law School
5 Foreign Law Study
7 Joint Degree Programs
8 Requirements for Admission
10 Fees and Expenses
11 Financial Aid Proram
The Law Program
16 Student Activities
17 Curriculum
18 Course Descriptions
Appendix
26 Officers of Administration
26 The Law School Faculty
27 London Faculty
27 Practice Court Judges
27 Faculty Profiles
31 The Thomas and Alberta White Chair in Law
31 The Center for Civil Rights
31 The Law Advisory Council
32 Notre Dame Law Association
33 American Journal of Jurisprudence
34 Campus Map
36 Honor Code
36 The Law School …
1977-79 Bulletin Of Information, University Of Notre Dame, Law School, Volume 73, Number 3, University Of Notre Dame
1977-79 Bulletin Of Information, University Of Notre Dame, Law School, Volume 73, Number 3, University Of Notre Dame
Bulletins of Information
Notre Dame Law School
4 Notre Dame Law School
5 Foreign Law Study
7 Joint Degree Programs
8 Requirements for Admission
10 Fees and Expenses
11 Financial Aid Proram
The Law Program
16 Student Activities
17 Curriculum
18 Course Descriptions
Appendix
26 Officers of Administration
26 The Law School Faculty
27 London Faculty
27 Practice Court Judges
27 Faculty Profiles
31 The Thomas and Alberta White Chair in Law
31 The Center for Civil Rights
31 The Law Advisory Council
32 Notre Dame Law Association
33 American Journal of Jurisprudence
34 Campus Map
36 Honor Code
36 The Law School …
131st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
131st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
131st University of Notre Dame Commencement and Mass Program
Summer
Report Of The Dean 1975–1976, David T. Link
Report Of The Dean 1975–1976, David T. Link
1975–1999: David T. Link
Dean David Link provides a comprehensive and detailed description of the state of Notre Dame Law School as it closes the 1975–1976 academic year. The eight elements covered in his report include: goals, students, faculty, administration, curriculum, physical facility, alumni support, and resources.
131st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
131st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
131st University of Notre Dame Commencement and Mass Program
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Journal Articles
The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …
Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount
Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount
Journal Articles
The history of American legal education is notable for a sparsity of ideas on how to convey learning about law. There has been even less focal understanding of what learning is and what it takes to establish a process which will prepare lawyers for their profession. A window on this history was provided in historical survey by Alfred Z. Reed in 1921 and, more recently, by Professors Preble Stolz and Calvin Woodward. It is principally their accounts of eighteenth and nineteenth century developments that we here briefly integrate and summarize. The perspective-a consideration of legal education in terms of social …
Judicial Review: Its Influence Abroad, Donald P. Kommers
Judicial Review: Its Influence Abroad, Donald P. Kommers
Journal Articles
The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …
The Value Of Comparative Constitutional Law, Donald P. Kommers
The Value Of Comparative Constitutional Law, Donald P. Kommers
Journal Articles
The publication of an English translation of a notable decision by a major foreign tribunal' is a fitting occasion on which to discuss the value of comparative constitutional law as a subject of academic study and as a legal discipline of valid current applicability. When referring to comparative constitutional law, I am speaking mainly of case law and most particularly of judicial decisions handed down by national tribunals empowered to review the constitutionality of legislative and executive acts.
Judicial Disability And The Good Behavior Clause, Walter F. Pratt
Judicial Disability And The Good Behavior Clause, Walter F. Pratt
Journal Articles
Justice Douglas's retirement ended months of speculation about his health and ability to remain on the Court. Coming at the end of a decade during which the fitness of judges was increasingly examined, his illness stimulated renewed consideration of judicial disability. Numerous remedies have been suggested. Two examples of such proposals in the present Congress are S. 1110 and H.R. 10439. S. 1110 would establish a Council on Judicial Tenure composed of judges in regular active service. The proposed Council would receive complaints about judges, conduct investigations, and report to the Judicial Conference of the United States. If a report …
Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher
Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher
Journal Articles
From the Introduction:
"This report adheres as much as possible to the form and structure of the first two surveys. Thus, we begin this report with an overview of recent presidential elections and a discussion of the American electoral process. The article then moves on to a treatment of changes in federal-state relations, government organization, the distribution of power among the branches and levels of government, and constitutional law as judicially defined. Unlike the previous reports, however, we have devoted nearly half of this survey to recent public policy in the area of civil rights. This extensive treatment of civil …
Legal Education: The Classroom Experience, Thomas L. Shaffer, Robert S. Redmount
Legal Education: The Classroom Experience, Thomas L. Shaffer, Robert S. Redmount
Journal Articles
Law students learn from what is in them, from what is directed at them, and from what is around them. The following is a study of an external dimension of the law-school learning experience-the classroom. Research strategy consisted of approaching the classroom phenomenon from two perspectives; what is presented and how students perceive it.