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1993

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Articles 1 - 30 of 261

Full-Text Articles in Law

Cases, Regulations And Statutes, Robert P. Achenbach Jr. Dec 1993

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Discounting Property Values At Death, Neil E. Harl Dec 1993

Discounting Property Values At Death, Neil E. Harl

Agricultural Law Digest

The idea that property values can be discounted at death for a minority interest and for non-marketability is well established. Although discounting cannot be applied in addition to any reduction in value from special use valuation of land, discounting of corporate stock may produce a lower stock value than claiming special use valuation on the corporation -owned land.


Index To Volume 4, Nos. 13–24, Agricultural Law Digest Dec 1993

Index To Volume 4, Nos. 13–24, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


New Rules For Solvent Farm Debtors, Neil E. Harl Nov 1993

New Rules For Solvent Farm Debtors, Neil E. Harl

Agricultural Law Digest

The Revenue Reconciliation Act of 1993 made major changes in the handling of discharge of indebtedness income. The legislation repealed (effective in 1995) the stock-for-debt provision allowing insolvent debtors to issue stock in satisfaction of debt without creating discharge of indebtedness income, created a provision for discharge of real property business debt and added additional tax attributes to the list of those reduced from discharge of indebtedness. The latter provision applies to debtors in bankruptcy, those insolvent but not in bankruptcy and solvent farm debtors.6 The legislation continues the pattern established in 1986 of a different system of ordering ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Nov 1993

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Nov 1993

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Reporting Gains On Scins After Death, Neil E. Harl Nov 1993

Reporting Gains On Scins After Death, Neil E. Harl

Agricultural Law Digest

A major concern from the beginning with self cancelling installment notes (SCINs) has been the treatment of the gain in the obligation cancelled at the death of the seller. The recent decision by the Eighth Circuit Court of Appeals in Estate of Frane has provided additional guidance on whether and when the gain is reported into income.


Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer Nov 1993

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to ...


The Hazardous Waste Land, Jerry L. Anderson Nov 1993

The Hazardous Waste Land, Jerry L. Anderson

Jerry L. Anderson

This article was one of the first comprehensive critiques of the Superfund remediation and liability system. The article addresses systemic problems with the CERCLA mechanism that result in inequity and slow the pace of cleanups.


Constructing An Ideal Of Public Reason, Lawrence B. Solum Nov 1993

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.


Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild Nov 1993

Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild

San Diego Law Review

This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.


Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt Nov 1993

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.


Liberalism, Religion And The Unity Of Epistemology, Larry Alexander Nov 1993

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to ...


Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans Nov 1993

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller ...


The Place Of Religious Argument In A Free And Democratic Society, Robert Audi Nov 1993

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated ...


Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry Nov 1993

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He ...


Beyond Religion And Enlightenment, Charles Larmore Nov 1993

Beyond Religion And Enlightenment, Charles Larmore

San Diego Law Review

This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.


Religious Contributions In Public Deliberation, Jeremy Waldron Nov 1993

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we ...


Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J. Nov 1993

Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.

San Diego Law Review

This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the ...


Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay Nov 1993

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.


Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer Oct 1993

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to ...


Two-Part Marginal Cost Pricing Equilibria With N Firms: Sufficient Conditions For Existence And Optimality, Aaron S. Edlin, Mario Epelbaum Oct 1993

Two-Part Marginal Cost Pricing Equilibria With N Firms: Sufficient Conditions For Existence And Optimality, Aaron S. Edlin, Mario Epelbaum

Aaron Edlin

We explore the interactions among firms with increasing returns regulated to break even by pricing with two-part tariffs. We provide conditions for existence and for efficiency of general equilibria with n-firms. This involves finding hookup fees that are voluntarily paid and cover the firms' losses from marginal cost pricing-a problem that because of both substitution and income effects is complicated by multiple firms using two-part tariffs, but that must be solved to ensure the continuity of demands necessary to prove break-even equilibria exist.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Oct 1993

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Income Tax Treatment Of Hedges, Neil E. Harl Oct 1993

Income Tax Treatment Of Hedges, Neil E. Harl

Agricultural Law Digest

After aggressively pressing the position that commodity hedges, including short sales, produced capital gain or loss treatment, IRS lost a key decision on June 17, 1993. Now, the Department of the Treasury in temporary and proposed regulations, has abandoned its previous position and agrees that gains and losses from most hedging transactions are considered to be ordinary gains and losses. Under the authority of Arkansas Best Corp. v. Comm'r, IRS had contended that such losses were capital in nature which could offset capital gains and, for individuals, up to $3,000 of ordinary income. The temporary and proposed regulations ...


Reducing Basis In Debt Restructurings, Neil E. Harl Oct 1993

Reducing Basis In Debt Restructurings, Neil E. Harl

Agricultural Law Digest

Frequently, as part of debt restructuring where indebtedness is discharged, the income tax basis of part or all of the debtor's assets is to be reduced. The procedures for reduction of basis vary some depending upon whether the discharge of indebtedness is in bankruptcy, is for a debtor who is insolvent but not in bankruptcy, is for a solvent farm debtor, or involves a purchase price reduction. In some instances, the basis is reduced down to the aggregate indebtedness on the property; in other instances, notably when the election is made to reduce the basis of the depreciable property ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Oct 1993

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Residence As Qtip, Neil E. Harl Oct 1993

Residence As Qtip, Neil E. Harl

Agricultural Law Digest

The concept of qualified terminable interest property or QTIP, which has been available since 1982, has enjoyed much greater use than originally anticipated by many planners. While most farm and ranch property poses few problems in funding, a marital deduction with a QTIP election funded with the residence or residence part of the form requires special care.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Oct 1993

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz Oct 1993

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Landscape Architecture & Regional Planning Faculty Publication Series

No abstract provided.


Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center Oct 1993

Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.