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Series

Faculty Publications

1976

Articles 1 - 30 of 31

Full-Text Articles in Law

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer Oct 1976

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Faculty Publications

No abstract provided.


Credited Service After Erisa, John W. Lee Jul 1976

Credited Service After Erisa, John W. Lee

Faculty Publications

No abstract provided.


Punitive Damages In Products Liability Litigation, David Owen Jun 1976

Punitive Damages In Products Liability Litigation, David Owen

Faculty Publications

No abstract provided.


U.S. V. Mcomber, A Brief Critique, Fredric I. Lederer Jun 1976

U.S. V. Mcomber, A Brief Critique, Fredric I. Lederer

Faculty Publications

No abstract provided.


Rights Of Englishmen Since 1776: Some Anglo-American Notes, William F. Swindler May 1976

Rights Of Englishmen Since 1776: Some Anglo-American Notes, William F. Swindler

Faculty Publications

No abstract provided.


A Reconsideration Of The Stock Market Exception To The Dissenting Shareholder's Right Of Appraisal, Robert H. Jerry Ii Apr 1976

A Reconsideration Of The Stock Market Exception To The Dissenting Shareholder's Right Of Appraisal, Robert H. Jerry Ii

Faculty Publications

Legislation has attempted to balance fairly the interests of the dissenting shareholder against the corporation's need to reorganize in response to changing economic conditions. The bull market that lasted through 1972 persuaded many drafters of corporate statutes that a dissenting shareholder's interests were adequately protected if he could sell his shares on the market. Accordingly, they promulgated the stock market exception to limit the situations in which the appraisal remedy might inhibit needed corporate flexibility. Low stock prices during 1973 and 19741 have generated a need to reassess this balancing of interests and to reconsider the desirability of ...


Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler Apr 1976

Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler

Faculty Publications

No abstract provided.


Rights Warnings In The Armed Services, Fredric I. Lederer Apr 1976

Rights Warnings In The Armed Services, Fredric I. Lederer

Faculty Publications

No abstract provided.


An Interim Assessment Of The 1972 Federal Water Pollution Control Act Amendments, Denis J. Brion Apr 1976

An Interim Assessment Of The 1972 Federal Water Pollution Control Act Amendments, Denis J. Brion

Faculty Publications

No abstract provided.


Should Prisoners Be Permitted To Serve As Subjects Of Research?, Larry I. Palmer Apr 1976

Should Prisoners Be Permitted To Serve As Subjects Of Research?, Larry I. Palmer

Faculty Publications

No abstract provided.


The "Elaborate Interweaving Of Jurisdiction": Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee Apr 1976

The "Elaborate Interweaving Of Jurisdiction": Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

Faculty Publications

No abstract provided.


Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John E. Montgomery, David Owen Mar 1976

Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John E. Montgomery, David Owen

Faculty Publications

No abstract provided.


The New York Law Of Intestate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow Jan 1976

The New York Law Of Intestate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow

Faculty Publications

The purpose of this Article is to analyze, compare, and contrast New York’s law of intestacy with that of the Uniform Probate Code (Code). The Article may serve as a basis for estimating the impact on existing concepts of descent and distribution should New York adopt the Code. It addresses itself to the law of intestate succession, delves into present New York law on the subject, examines corresponding sections of the Code, analyzes the differences, and arrives at an evaluation of the benefits and detriments that adoption of the Code would bring. The final analysis reveals that, on balance ...


An Examination Of Congressional Powers Under Section 5 Of The 14th Amendment, Gene R. Nichol Jr. Jan 1976

An Examination Of Congressional Powers Under Section 5 Of The 14th Amendment, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem Jan 1976

Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem

Faculty Publications

This article, however, goes beyond the argument that education is one of the most valuable benefits which government in this country provides. The thesis of the article is that education is not only very important to millions of Americans, but that students have constitutionally protected liberty and property interests in their public educations and the courts should therefore require notice and hearing prior to the deprivation of these interests, even when the deprivation is for strictly academic reasons.


Discrimination Against Discrimination And Affirmative Discrimination: Ethnic Inequality And Public Policy, Mack Player Jan 1976

Discrimination Against Discrimination And Affirmative Discrimination: Ethnic Inequality And Public Policy, Mack Player

Faculty Publications

No abstract provided.


California's New Marijuana Law: A Sailing Guide For Uncharted Waters, Gerald F. Uelmen Jan 1976

California's New Marijuana Law: A Sailing Guide For Uncharted Waters, Gerald F. Uelmen

Faculty Publications

No abstract provided.


The Future Of Corporate Democracy, Harvey Frank Jan 1976

The Future Of Corporate Democracy, Harvey Frank

Faculty Publications

No abstract provided.


Capital Formation Options To Finance Pollution Control, Scott C. Whitney Jan 1976

Capital Formation Options To Finance Pollution Control, Scott C. Whitney

Faculty Publications

No abstract provided.


Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown Jan 1976

Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown

Faculty Publications

No abstract provided.


How To Salvage Tax Benefits When A Professional Corporation Disbands, John W. Lee Jan 1976

How To Salvage Tax Benefits When A Professional Corporation Disbands, John W. Lee

Faculty Publications

One of the main concerns of a shareholder in a professional corporation that is dissolving is to protect his interest in the corporation's qualified deferred compensation plan. By use of a case study, Mr. Lee analyzes several methods available for a shareholder to preserve his interest. He also presents a possible solution to other problems arising in connection with the professional corporation's dissolution, such as splitting up the practice (and its accounts receivable) and the status of liquidating distributions if the professionals reincorporate separately.


Section 335 Active Business Management: What Advice To Give Clients Today, John W. Lee Jan 1976

Section 335 Active Business Management: What Advice To Give Clients Today, John W. Lee

Faculty Publications

The IRS in three Rulings has taken the position that services for the distributing corporation performed through independent contractor could not satisfy the active business requirement test of Section 355. Mr. Lee analyzes the Rulings in light of case law and legislative history that have interpreted the Code's active business test. He concludes that further court tests will be necessary before there can be complete reliance upon active conduct by an independent contractor.


Joint And Survivor Annuities Under Erisa -- The Gamble On Survival, John W. Lee Jan 1976

Joint And Survivor Annuities Under Erisa -- The Gamble On Survival, John W. Lee

Faculty Publications

No abstract provided.


Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman Jan 1976

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Faculty Publications

No abstract provided.


Criminal Conspiracy: The State Of Mind Crime - Intent, Proving Intent, Anti-Federal Intent, Paul Marcus Jan 1976

Criminal Conspiracy: The State Of Mind Crime - Intent, Proving Intent, Anti-Federal Intent, Paul Marcus

Faculty Publications

No abstract provided.


The Law Of War And Personnel Infrastructure: A Proposed Inquiry Into Maximizing The Contributions Of Nonlawyer Officers And Of Military Instruction In Support Of The Law Of War, Walter L. Williams Jr. Jan 1976

The Law Of War And Personnel Infrastructure: A Proposed Inquiry Into Maximizing The Contributions Of Nonlawyer Officers And Of Military Instruction In Support Of The Law Of War, Walter L. Williams Jr.

Faculty Publications

No abstract provided.


Nonmilitary Strategies And Competition For Power: The Need For Expanded Regulation Of Coercion, Walter L. Williams Jr. Jan 1976

Nonmilitary Strategies And Competition For Power: The Need For Expanded Regulation Of Coercion, Walter L. Williams Jr.

Faculty Publications

No abstract provided.


Public Procedures For The Promulgation Of Interpretative Rules And General Statements Of Policy, Charles H. Koch Jr. Jan 1976

Public Procedures For The Promulgation Of Interpretative Rules And General Statements Of Policy, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg Jan 1976

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler Jan 1976

Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler

Faculty Publications

No abstract provided.