Law Commons^™

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

Care For Those Who Wore The Uniform, Kenneth Lasson

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Considerations were granted to American war veterans as far back as 1636, when the pilgrims, in the midst of an Indian insurrection, devised a special law providing rights and assistance to those who fought. Various of the early American colonies passed similar laws for disabled veterans, and by the time of the Revolution the benefits concept had been firmly established.

Said Calvin Coolidge in 1920: "The nation which forgets its defenders will itself be forgotten." But such platitudes did little to solve the fragmented administration of veterans' affairs, which inevitably was overwhelmed by the sheer volume of cases. Thus was …

Federal Income Taxation Of U.S. Branches Of Foreign Corporations: Separate Entity Or Separate Rules?, Fred B. Brown

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Foreign corporations conduct U.S. business activities either through U.S. subsidiaries or U.S. branches. A U.S. subsidiary of a foreign corporation generally is taxed as any other domestic corporation, that is, as a separate taxable entity apart from its foreign parent. In contrast, a U.S. branch of a foreign corporation is not treated as a separate taxable entity; instead, the Code and regulations employ a set of special rules that allocate and apportion to the U.S. branch a portion of the foreign corporation's income in order to determine the net income subject to U.S. tax.

The rules used for taxing U.S. …

Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson

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No abstract provided.

Reverse Removal, Joan E. Steinman

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Over the past several years, the legal community has given a great deal of thought to the problems created by multiparty, multiclaim, multiforum litigation. A flurry of activity and an outpouring of writing have resulted, including proposals for substantial changes in both substantive and procedural law. Congress legislated a number of the recommendations made by the Federal Courts Study Committee when it passed the Judicial Improvements Act of 1990. Additional legislation concerning the handling of complex cases is pending, and further action by Congress over the next several years is probable, in view of the burden that complex litigation imposes …

Health Care In The Inner City: Asking The Right Question, Sidney D. Watson

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MIAMI-June Kirchik, fifty-eight years old, discovered a large lump in her breast. When she went to a private hospital, she was denied treatment because she was indigent and her case was not considered an emergency. A public hospital performed a biopsy, which was positive, and gave her an appointment for treatment three weeks later. When Mrs. Kirchik arrived for treatment, however, the public hospital turned her away because she had not yet applied for Medicaid. Mrs. Kirchik tried another public hospital, but was turned away because she was not a resident of the hospital's service area. When Mrs. Kirchik's story …

The Reunification Of Contract: The Objective Theory Of Consumer Form Contracts, Michael I. Meyerson

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Despite the ubiquitousness of standard form contracts in the world of consumer transactions, there is no consensus as to how these contracts ought to be constructed. Some courts continue to treat form contracts as if they were classically negotiated contracts. Others attempt in a variety of ways to factor in the reality that consumers entering into these contracts are not able to negotiate the terms and almost always sign these documents, which are presented on a take-it-or-leave-it basis, without reading them. This article posits that the cause of this continued confusion over form contracts is due to a basic failure …

Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.

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No abstract provided.

The Myth Of The Impartial Judge, Jane C. Murphy

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No abstract provided.

Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Jr.

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No abstract provided.

Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein

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No abstract provided.

Mercy Killing And The Right To Inherit, Jeffrey G. Sherman

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No abstract provided.

Law Office Automation Approaching The Millenium, Ronald W. Staudt

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No abstract provided.

Does The Grandmother Come With It? Teaching And Practicing Law In The 21st Century, Ronald W. Staudt

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No abstract provided.

Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt

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No abstract provided.

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

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No abstract provided.

Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock

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No abstract provided.

Coordination By Default, Richard Warner

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No abstract provided.

Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner

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No abstract provided.

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

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No abstract provided.

Using Fundamental Principles Of Commercial Law To Decide Ucc Cases, , Steven L. Harris

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No abstract provided.

Explaining One-Way Fee Shifting, Harold J. Krent

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No abstract provided.

Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent

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No abstract provided.

Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent

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No abstract provided.

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

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No abstract provided.

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

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No abstract provided.

Public Employees' Rights To Strike: Law And Experience, Martin H. Malin

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No abstract provided.

The Public Square And The Jew As Religious Other, Sheldon Nahmod

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No abstract provided.

Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson

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hate crimes, criminal liability