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Articles 5551 - 5580 of 6806
Full-Text Articles in Law
Whose Rules Of Professional Conduct Should Govern Lawyers In Federal Court And How Should The Rules Be Created , Bruce A. Green
Whose Rules Of Professional Conduct Should Govern Lawyers In Federal Court And How Should The Rules Be Created , Bruce A. Green
Faculty Scholarship
At present, the rules of professional conduct applied in federal judicial proceedings vary from district to district. In reaction to this problem, the Judicial Conference of the United States is studying the question of whether a uniform set of rules of professional conduct should apply in federal judicial proceedings and, if so, what the nature of the rules should be and how they should be developed. The principal proposals under consideration are the adoption of a uniform set of federal rules based on the American Bar Association Model Rules of Professional Conduct or the adoption of a requirement that each …
When Is Time Brokerage A Transfer Of Control? The Fcc's Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael Lewyn
When Is Time Brokerage A Transfer Of Control? The Fcc's Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael Lewyn
Scholarly Works
No abstract provided.
Abuse Of Rights: A Pervasive Legal Concept, Joseph Perillo
Abuse Of Rights: A Pervasive Legal Concept, Joseph Perillo
Faculty Scholarship
No abstract provided.
Admiralty Law Of Arthur Browne, Joseph Sweeney
Admiralty Law Of Arthur Browne, Joseph Sweeney
Faculty Scholarship
No abstract provided.
U.S. And Mexican Regulation Of Methyl Bromide: Comparing Pesticide Regulations After Nafta, Kyle W. Lathrop, Cindy K. Bushur-Hallam
U.S. And Mexican Regulation Of Methyl Bromide: Comparing Pesticide Regulations After Nafta, Kyle W. Lathrop, Cindy K. Bushur-Hallam
Oklahoma Law Review
No abstract provided.
The Irs Plows New Ground In The Tax Treatment Of Land Cleanup Costs, Roy Whitehead, Pam Spikes, Brenda Yelvington
The Irs Plows New Ground In The Tax Treatment Of Land Cleanup Costs, Roy Whitehead, Pam Spikes, Brenda Yelvington
Oklahoma Law Review
No abstract provided.
In Memoriam: George B. Fraser, David Swank
War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus
War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus
Missouri Law Review
Over its first two decades, products liability evolved from a system concerned only with manufacturing defects, e.g., MacPherson's Buick into one concerned also with design defects, e.g., the Ford Pinto, which was designed in a fashion that made the gas tank susceptible to exploding in minor collisions. Part I of this Article deals with the two paradigms that lie at the center of the struggle. Part II of the Article is devoted to generic liability. Part III discusses important jurisprudential questions raised by the debate, namely: What are the respective roles of the courts, the legislature, and administrative agencies?
Teaching The Children Appropriately: Publicly Financed Private Education Under The Individuals With Disabilities Education Act, Timothy M. Huskey
Teaching The Children Appropriately: Publicly Financed Private Education Under The Individuals With Disabilities Education Act, Timothy M. Huskey
Missouri Law Review
The issue of educating the child with disabilities is a relatively new one in the scope of civil rights law. First addressed by Congress in 1975, the rights of the disabled child to a free and appropriate education are just now being defined with some particularity. This Note addresses one of the most important aspects of the right to a public education: Who will foot the bill?
After-Acquired Evidence: Tonic For An Employer's Cognitive Dissonance, Kenneth A. Sprang
After-Acquired Evidence: Tonic For An Employer's Cognitive Dissonance, Kenneth A. Sprang
Missouri Law Review
During the last thirty years, there have been dramatic changes in the law governing job security of employees in the workplace, particularly with regard to employment discrimination. Federal law now protects employees from workplace discrimination based upon sex," race, religion, color, national origin," age, and handicap or disability. The latest in the arsenal of defense weapons developed by employers is the "after-acquired evidence doctrine." This affirmative defense, which was first announced by the Tenth Circuit in 1988, allows an employer who has acted adversely toward an employee for an unlawful discriminatory reason to avoid liability as a matter of law, …
Substantive And Procedural Due Process For Unaccompanied Alien Juveniles, Gail Quick Goeke
Substantive And Procedural Due Process For Unaccompanied Alien Juveniles, Gail Quick Goeke
Missouri Law Review
Approximately seventy percent of the juveniles arrested for violation of immigration laws are unaccompanied by their parents or guardians. Many are refugees from Central America, sent ahead of their parents for safety reasons, or separated from their families during flight Prior to 1984, the Immigration and Naturalization Service ("INS") allowed release of these unaccompanied children to another responsible adult on the assurance that the adult would bring the child to court when required. In 1984, the Western Regional Office of the INS adopted the policy that minors in deportation proceedings would only be released to a parent or lawful guardian, …
Organ Retrieval From Anencephalic Infants: Understanding The Ama’S Recommendations, David Orentlicher
Organ Retrieval From Anencephalic Infants: Understanding The Ama’S Recommendations, David Orentlicher
Scholarly Works
No abstract provided.
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
Scholarly Works
Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …
Desperately Seeking Science, Francis J. Mootz Iii
Desperately Seeking Science, Francis J. Mootz Iii
Scholarly Works
In this commentary I offer a lawyer’s view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist’s view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief general.
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Scholarly Works
This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.
Interpreting Insurance Policies, Jeffrey W. Stempel
Interpreting Insurance Policies, Jeffrey W. Stempel
Scholarly Works
Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee
Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee
Scholarly Works
In 1993 Congress enacted the Religious Freedom Restoration Act (“RFRA”), which provided that government, including the United States and the states, “shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability” except where the government can demonstrate that the burden furthers “a compelling governmental interest” and is “the least restrictive means of furthering that interest.”
Unfortunately, whatever consistency RFRA might bring to the substance of church-state relations comes at the expense of clarity in federal-state relations. This is unfortunate because the First Amendment does not address church-state relations; it concerns …
The Separate Tax Status Of Loan-Out Corporations, Mary Lafrance
The Separate Tax Status Of Loan-Out Corporations, Mary Lafrance
Scholarly Works
When professionals and other persons who offer their goods and/or services to the public conduct their businesses through corporations, the Treasury has acknowledged that for federal income tax purposes it must treat those corporations as separate and distinct from their controlling shareholder-employees, even where there is only a single shareholder-employee, provided that the corporation has a business purpose and the taxpayer consistently respects the corporate form. However, the Treasury has refused to accord equal dignity to incorporated workers who offer their services not to the public at large but to a single recipient or a small number of recipients. The …
Days Of Our Lives: The Impact Of Section 197 On The Depreciation Of Copyrights, Patents And Related Property, Mary Lafrance
Days Of Our Lives: The Impact Of Section 197 On The Depreciation Of Copyrights, Patents And Related Property, Mary Lafrance
Scholarly Works
For federal income tax purposes, owners of intangible property generally must capitalize the costs of creating or acquiring that property. In the past, the tax rules for recovering these capitalized costs through depreciation deductions varied greatly according to the nature of the intangible. Certain types of acquired intangibles--notably, goodwill and going concern value--were nondepreciable. In contrast, taxpayers purchasing interests in copyrights or patents could depreciate those assets under the straight-line method or, in most cases, could opt for more rapid cost recovery under the income forecast method.
In the Omnibus Budget Reconciliation Act of 1993, Congress greatly enlarged the class …
Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee
Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee
Scholarly Works
Modern natural law constitutionalists assert that the Constitution, properly understood, includes a kind of general trump card in the form of a moral reality which provides (or is, at any rate, thought to provide) a measure of all positive legal acts--whether framed in terms of the values of natural equality, natural rights, or “simple justice.”
This article explores why “trump card” natural law constitutionalism cannot by its nature adequately confront crucial issues of institutional design and democratic theory. In thus putting questions of moral substance ahead of crucial issues of authority, natural law constitutionalism appears to rest on a naive, …
Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee
Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee
Scholarly Works
This article is part of a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education. In this article, the author addresses the question of what opinion he would have written had he been a justice on the U.S. Supreme Court when the case was decided.
The author indicates he would have concurred in those opinions finding a violation of the Equal Protection Clause of the Fourteenth Amendment in Brown v. Board of Education. The author finds persuasive the argument that any other decision would permit states to evade the core purpose of the Fourteenth Amendment. Nevertheless, …
Comment, The Augustan Constitution And Our Natural Rights Tradition: Is There A Conflict?, Thomas B. Mcaffee
Comment, The Augustan Constitution And Our Natural Rights Tradition: Is There A Conflict?, Thomas B. Mcaffee
Scholarly Works
Professor Hoffheimer has provided us with a striking picture of two important strands of our constitutional heritage. The first, which he labels “Augustan constitutionalism,” descended from classical political thought and the English constitution. Its focus is on the governmental powers that it legitimates, and its themes relate to the forms of government; in the American context, this means that its focus is on separation of powers, checks and balances, and (in general) the problem of organizing and dividing government authority. The second, which he calls the “natural rights tradition,” roots government's legitimacy--and indeed its origin and purpose--in the protection of …
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Scholarly Works
Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …
Courting Justice? Legitimation In Lawyering Under Israeli Occupation, George Bisharat
Courting Justice? Legitimation In Lawyering Under Israeli Occupation, George Bisharat
Faculty Scholarship
No abstract provided.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Tax Policy: The Chafee Bill- Trick Or Treat?, William T. Hutton
Tax Policy: The Chafee Bill- Trick Or Treat?, William T. Hutton
Faculty Scholarship
No abstract provided.
Primer #4: Understanding And Illustrating Tax Benefits, William T. Hutton
Primer #4: Understanding And Illustrating Tax Benefits, William T. Hutton
Faculty Scholarship
No abstract provided.