Law Commons^™

The Uniform Interstate Family Support Act: The New Uresa, Tina M. Fielding

University of Dayton Law Review

No abstract provided.

Tax Law: Administrative Expenses And The Charitable And Marital Deductions—The Potentially Painful Surprise Of A 642(G) Election, Vicki C. Irwin

University of Dayton Law Review

Estate of Hubert v. Commissioner, 1993 T.C. LEXIS 63 (Oct. 19, 1993).

A Rejoinder, Larry I. Palmer

Faculty Publications

No abstract provided.

Modern Technology In The Courtroom: Possibilities And Implications, Fredric I. Lederer

Faculty Publications

No abstract provided.

Who Are The Parents Of Biotechnological Children?, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.

Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse

Dalhousie Law Journal

Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.

Genre Et Gestion Du Pouvoir Communautaire À Annapolis Royal Au 18e Siècle, Maurice Basque

Dalhousie Law Journal

La communauté acadienne de Port-Royal est saisie d'une affaire d'enfant illégitime en 1726. Marie Daigle, épouse de Jacques Goutille, accuse un homme marié, Joseph Broussard dit Beausoleil, époux d'Agnès Thibodeau, d'être le père de l'enfant naturel de sa fille Marie. Marie Daigle présenta la cause de sa file devant le conseil du lieutenant-gouverneur de la Nouvelle-Écosse, John Doucett. Le Conseil décida en faveur de Marie Daigle fille en obligeant Joseph Broussard de lui verser une pension. La mère de Broussard, Catherine Richard, veuve de François Broussard, se présenta également devant le meme conseil et obtint une réduction de la somme …

Taxing Times For Lesbians And Gay Men: Equality At What Cost?, Claire Fl Young

Dalhousie Law Journal

In this article I shall briefly review some of those struggles and the current state of the law. This forms the backdrop to an issue that I view as being of fundamental importance to lesbians and gay men in their fight for equality and which has not received much attention; that is the tax system. I shall focus on two aspects. First, I shall analyse the use of the tax system as a spending programme and a tool by which to subsidise particular activities. In this context I shall examine the federal government's refusal to recognise lesbian and gay relationships, …

Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley

Dalhousie Law Journal

Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This …

Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago

Dalhousie Law Journal

On July 1, 1997, Hong Kong will be returned by Britain to China. The date, established by the Sino-British Joint Declaration of 1984' is quickly approaching. The economic and political consequences of repossession by China are certainly of vital importance to the people of Hong Kong but the effect of various international legal obligations after 1997 is also a significant issue. In accordance with the Joint Declaration, a Sino-British Joint Liaison Group was established to address this issue.' It was charged with considering what action should be taken by the British and the Chinese governments to ensure the continued application …

The Revival Of Tort Theory In Canada, Jamie Cassels

Dalhousie Law Journal

Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …

Federalism, Untamed, Ann Althouse

Vanderbilt Law Review

Do you rankle at those amorphous rhapsodies about "Our Federalism" indulged in by judges who relegate civil rights litigants to state courts?' Why would anyone see cases in which state officials stand charged of violating the rights of individuals as presenting an occasion for deference to the states? If federal rights take precedence over state policies and practices, is it not perverse to prefer adjudication in the courts that have the strongest bias in favor of state interests? If jurisdiction is a duty and declining jurisdiction consequently a dubious business, shouldn't we reject judge-made doctrine and statutory interpretation that restrict …

Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt

Vanderbilt Law Review

The first, and oldest, of the Supreme Court's concepts of federalism is the territorial model. This model recognizes that there is a discernible boundary between the subjects fit for national regulation and those reserved for state governance. Territorialists argue that the national government is supreme in some areas, while states reign sovereign in others. Adherents of this model, for example, might declare that the national government directs foreign affairs while the states control domestic relations.

Under the territorial model, federalism violations occur when the national government attempts to invade a substantive area of law reserved to the states. The Supreme …

Rent-A-Judges And The Cost Of Selling Justice, Anne S. Kim

Duke Law Journal

No abstract provided.

Replacing The Crazy Quilt Of Interlocutory Appeals Jurisprudence With Discretionary Review, John C. Nagel

Duke Law Journal

No abstract provided.

Simas V. Quaker Fabric Corp.: Erisa Preemption Of Statutory Tin Parachutes, Kristin D. Anger

Washington Law Review

In Simas v. Quaker Fabric Corp., the First Circuit invalidated Massachusetts's innovative tin parachute statute, designed to assist workers displaced by corporate takeovers, by finding it preempted by ERISA. After examining the relationship between the tin parachute and ERISA and the analysis in Simas, this Note argues that preemption was mandated neither by ERISA itself nor by decisions interpreting its preemptive reach. In light of the state interest at stake, the Simas decision is unfortunate and suggests the need for a legislative solution.

State Government State Printing And Documents: Change The Definition Of Agency, Amy K. Waggoner

Georgia State University Law Review

The Act amends the Code section relating to public access to and inspection of public records. It broadens the term agency as used in that Code section to include a corporation that has membership composed of counties or political subdivisions of counties and that derives substantial parts of its operating budgets from counties. It provides that all records of the agency shall be open to inspection by the public unless prohibited by law or court order.

Professions And Businesses Real Estate Appraisers: Authorize Board Of Appraisers To Issue Temporary Practice Permits For A Single Federally Related Transaction; Prohibit Appraisers From Giving Oral Appraisals Of Federally Related Transaction; Prohibit Use Of Appraisers Whose Appraisal Classification Is Suspended Or Revoked, F. Faison Middleton

Georgia State University Law Review

The Act authorizes the Georgia Board of Real Estate Appraisers (the Board) to issue temporary practice permits to appraisers classified outside the state. This authorization brings Georgia legislation in line with federal regulations. The Act further amends the original code section by adding two new violations to the list of violations that result in penalties for appraisers classified in Georgia. The Act further amends the Code by deleting the list of courses of study weighed by the Board when determining appraisal classifications. As it now exists, appraiser classifications must simply be in compliance with federal law.

Revenue And Taxation Income Taxes: Withholding Requirements For Certain Periodic Payments, Jeffrey A. Hannah

Georgia State University Law Review

The Act provides a definition for periodic payment concerning pensions, annuities, taxable fringe benefits, interest, and dividends. A payor of a periodic payment must withhold taxes from such payment in the same manner as if the payment were wages paid to an employee. Further, the Act includes an option for the payee to avoid withholding. The Act provides authorization to the Commissioner of the Georgia Department of Revenue to prescribe forms and promulgate rules and regulations setting forth requirements for withholding and making elections.

Hearing Women Not Being Heard: On Carol Gilligan's Getting Civilized And The Complexity Of Voice, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Missing The "Play Of Intelligence", Daniel A. Farber

William & Mary Law Review

No abstract provided.

Lapsing Of Testamentary Gifts, Antilapse Statutes, And The Expansion Of Uniform Probate Code Antilapse Protection, Erich Tucker Kimbrough

William & Mary Law Review

No abstract provided.

Federalism And Civil Rights: Complementary And Competing Paradigms, James F. Blumstein

Vanderbilt Law Review

Until the Nixon Administration, federalism was not talked about much in the United States in the post-New Deal period and was not taken seriously as an intellectual matter. Increasingly, however, federalism has become an important domestic' and a critical worldwide issue. It may not be an exaggeration to say that federalism has indeed become the pervasive legal/political issue around the world.

In this Article I will make four points. First, by way of background and overview, I will conclude that the goal of federalism is and should be to encourage and facilitate geographically-based political autonomy without placing at risk the …

"What About The 'Ism'?" Normative And Formal Concerns In Contemporary Federalism, Richard Briffault

Vanderbilt Law Review

Contemporary legal discourse concerning federalism has shifted from the formal to the normative, that is, from a focus on the fifty states as unique entities in the American constitutional firmament to a concern with the values of federalism. This normative turn has had some salutary effects. It has sharpened the debate over federalism, reminded us of the impact of the federal design on the substance of American governance, and underscored the interrelationship of government structure and individual rights. But the normative approach has also, paradoxically, moved the focus of federalism away from the states. Many of the arguments offered on …

Understanding Federalism, Larry Kramer

Vanderbilt Law Review

It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to accomplish …

Why The Supreme Court Overruled "National League Of Cities", Mark Tushnet

Vanderbilt Law Review

We are now in the midst of a confused era for federalism doctrine. A court of appeals has read the Supreme Court's precedents for at least as much as they are worth in holding that Congress, in enacting the Gun-Free School Zones Act of 1990, exceeded the power the Commerce Clause grants it., The Supreme Court itself has been unable to develop a stable constitutional doctrine about the roles of Congress and the courts in protecting federalism. Every time the Supreme Court has wandered into the federalism forest, it has gotten lost. For a while, scholars believed we understood why. …

Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar

Vanderbilt Law Review

In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …

Federalism In The Americas In Comparative Perspective, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.