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Full-Text Articles in Law
The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein
The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein
Articles
Estate administration is the process by which the affairs of a decedent are settled. During the course of administration of an estate, property owned by a decedent is collected and inventoried, debts and taxes are paid, and property is distributed to those having a right to succeed to it. Controversy has surrounded estate administration in recent years. 2 Critics of the process have advised the public to "avoid probate" because of allegedly high fees and unreasonable delays in settling estates; 3 the legal community has responded with various reform proposals. 4 The National Conference of Commissioners on Uniform State Laws …
The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson
The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson
Articles
The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor …
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld
Articles
The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.
Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper
Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper
Articles
The National Labor Relations Act created the National Labor Re- lations Board (NLRB) and vested the Board with two principal respon- sibilities. First, the NLRB is responsible for conducting secret ballot elections among employees to ascertain whether they desire a collective bargaining representative.' Second, the NLRB is responsible for reme- dying unfair labor practices.2 These dual responsibilities, protection of employee free choice and remediation of unfair labor practices, may conflict when the Board is asked to provide a remedy for unfair labor practices that occur during the course of a union representation elec- tion campaign. The Board has been concerned …