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1986

William & Mary Law School

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Articles 31 - 51 of 51

Full-Text Articles in Law

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus May 1986

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.


Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer Apr 1986

Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer

Faculty Publications

No abstract provided.


A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone Apr 1986

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Faculty Publications

No abstract provided.


Capital Gains Exception To The House's "General Utilities" Repeal: Further Indigestions From Overly Processed "Corn Products", John W. Lee Mar 1986

Capital Gains Exception To The House's "General Utilities" Repeal: Further Indigestions From Overly Processed "Corn Products", John W. Lee

Faculty Publications

In this article, Lee first describes the mechanics and tax effects of cost basis corporate acquisitions and analyzes why current tax rules favor such acquisitions over carryover basis acquisition (e .g., tax-free mergers); then he describes the House's proposed repeal in HR 3838 of the General Utilities doctrine in current sections 336-338, focusing on the continued exemption for long-term capital gains of a closely held active business corporation. This sets the stage for analysis of the Corn Products doctrine, which under an "integral asset" reading would deny the exemption to most appreciated operating assets, surely not the intent of the …


The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil Jan 1986

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Faculty Publications

No abstract provided.


Defining Effective Civil Rights Enforcement In Education, Neal Devins Jan 1986

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Faculty Publications

No abstract provided.


Judicial Review Of Administrative Discretion, Charles H. Koch Jr. Jan 1986

Judicial Review Of Administrative Discretion, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Copyright And Fee-Based Copying Services, James S. Heller Jan 1986

Copyright And Fee-Based Copying Services, James S. Heller

Library Staff Publications

No abstract provided.


Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins Jan 1986

Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins

Faculty Publications

No abstract provided.


Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone Jan 1986

Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone

Faculty Publications

No abstract provided.


Injury And The Disintegration Of Article Iii, Gene R. Nichol Jan 1986

Injury And The Disintegration Of Article Iii, Gene R. Nichol

Faculty Publications

No abstract provided.


Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne Jan 1986

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Publications

No abstract provided.


Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton Jan 1986

Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton

Faculty Publications

This article critiques the Drug Price Competition and Patent Term Restoration Act of 1984. Part I traces the background of the two major sections of the Act by examining the recent trend toward generic competition in the pharmaceutical industry and the need perceived by some industry observers for additional incentives to pharmaceutical research. Part II of the article describes and discusses the sections of the Act designed to benefit the two segments of the pharmaceutical industry. Part III addresses the likely effect of the Act on generic competition, and Part IV provides a parallel analysis for the research-intensive pharmaceutical firms. …


When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy Jan 1986

When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy

Faculty Publications

No abstract provided.


Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins Jan 1986

Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins

Faculty Publications

No abstract provided.


Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins Jan 1986

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Faculty Publications

No abstract provided.


The Possible Final Word On Employment Discrimination Relief, Neal Devins Jan 1986

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.


How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins Jan 1986

How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins

Faculty Publications

No abstract provided.


Limiting Losses Attributable To Nonrecourse Debt: A Defense Of The Traditional System Against The At-Risk Concept, Glenn E. Coven Jan 1986

Limiting Losses Attributable To Nonrecourse Debt: A Defense Of The Traditional System Against The At-Risk Concept, Glenn E. Coven

Faculty Publications

No abstract provided.


Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler Jan 1986

Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler

Faculty Publications

No abstract provided.


Joint Criminal Participation: Establishing Responsibility, Abandonment, Paul Marcus Jan 1986

Joint Criminal Participation: Establishing Responsibility, Abandonment, Paul Marcus

Faculty Publications

No abstract provided.