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1999

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Articles 1 - 30 of 2716

Full-Text Articles in Law

Zoning Ordinances And "Free Speech", Alan C. Weinstein Dec 1999

Zoning Ordinances And "Free Speech", Alan C. Weinstein

Law Faculty Articles and Essays

Over the past two decades there has been a marked expansion in legal challenges to local land use regulations claiming violations of the free speech clause of the First Amendment to the United States Constitution. First Amendment claims can arise whenever government enacts or enforces zoning or other regulations that deal with uses such as billboards or adult entertainment businesses. This article discusses why this litigation is taking place, provides an overview of First Amendment law, and offers local officials some guidelines to help avoid potential legal challenges.


State Of Utah V. Steven R. Perry : Brief Of Appellee, Utah Court Of Appeals Dec 1999

State Of Utah V. Steven R. Perry : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGMENT AND SENTENCE ENTERED ON GUILTY PLEAS TO POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO ENGAGE IN A CLANDESTINE LAB OPERATION, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. §§ 58-37D-4(E) & 58-37D-5(G) (1998), AND POSSESSION OF A CONTROLLED SUBSTANCE, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(2) (SUPP. 2000), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE MICHAEL J. GLASMANN, PRESIDING


Getting Serious About Curtailing Deferral Of Us Tax On Foreign Source Income, Robert J. Peroni, J. Clifton Fleming Jr., Stephen E. Shay Dec 1999

Getting Serious About Curtailing Deferral Of Us Tax On Foreign Source Income, Robert J. Peroni, J. Clifton Fleming Jr., Stephen E. Shay

Faculty Scholarship

When a U.S. person conducts business or investment activity abroad through a foreign corporation in a country that imposes only low rates of tax, the so-called deferral privilege allows the U.S. taxpayer to defer substantial amounts of U.S. tax at the cost of only a small foreign levy. Hence, the deferral privilege operates as a tax subsidy of sorts for U.S. persons with operations in low tax foreign countries and provides a major incentive for U.S. persons to shift their business operations and investments to foreign countries that impose little or no tax on the earnings of the foreign corporations.To …


U.S. Taxation Of Profits From Internet Software Sales - An Electronic Commerce Case Study, J. Clifton Fleming Jr. Dec 1999

U.S. Taxation Of Profits From Internet Software Sales - An Electronic Commerce Case Study, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox Dec 1999

Stein Center For Law And Ethics Amicus Brief In Michael Wayne Williams V. John B. Taylor, Lawrence Fox

Amicus Briefs

No abstract provided.


Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green Dec 1999

Stein Center For Law And Ethics Amicus Brief In Anthony Braden Bryan V. Michael Moore, Bruce Green

Amicus Briefs

No abstract provided.


Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 1999

Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-73


Preserving Open Lands: Local Zoning And Financing Authority Work Together, John R. Nolon Dec 1999

Preserving Open Lands: Local Zoning And Financing Authority Work Together, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

State governments vest great authority in local governments to decide how and where private development shall occur, and in the alternative, where to preserve open land. The New York state legislature recognizes the importance of protecting open lands, and as such, has created several laws to facilitate local municipal action. Several methods exist that municipal government may use to accomplish this goal and this article provides several examples. For instance, the New York Court of Appeals, in the case of Bonnie Briar Syndicate, Inc. v. Town of Mamaroneck, held that a local zoning ordinance, which rezoned a large area for …


Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress Dec 1999

Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress

Native American Water Rights Settlement Project

Federal legislation: Chippewa-Cree Tribe of the Rocky Boy Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999 (PL 106–163, 113 Stat. 1778) Act approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Tribe and MT, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the US, the Tribe, or MT to petition the MT Water Court to enter and approve the proposed decree. Provides an expiration date; a tribal water code. Satisfies any entitlement to Federal Indian reserved water of any …


The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten Dec 1999

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten

Other Scholarship

No abstract provided.


New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy Dec 1999

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy

William & Mary Annual Tax Conference

No abstract provided.


Capitalization In The Nineties, Glenn R. Carrington Dec 1999

Capitalization In The Nineties, Glenn R. Carrington

William & Mary Annual Tax Conference

No abstract provided.


Selected Current Developments In Financial Accounting And Reporting, David W. Larue Dec 1999

Selected Current Developments In Financial Accounting And Reporting, David W. Larue

William & Mary Annual Tax Conference

No abstract provided.


Taxable And Tax-Free Acquisitions And Separations, Mark J. Silverman, Robert H. Wellen, Mark L. Yecies Dec 1999

Taxable And Tax-Free Acquisitions And Separations, Mark J. Silverman, Robert H. Wellen, Mark L. Yecies

William & Mary Annual Tax Conference

No abstract provided.


Recent Federal Income Tax Developments, Ira B. Shepard Dec 1999

Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


Current Issues In Life Insurance Planning, Lawrence Brody Dec 1999

Current Issues In Life Insurance Planning, Lawrence Brody

William & Mary Annual Tax Conference

No abstract provided.


Practical Problems Encountered In Federal Estate And Gift Tax Audits, W. Birch Douglass Iii, Kirkland M. Kelley Dec 1999

Practical Problems Encountered In Federal Estate And Gift Tax Audits, W. Birch Douglass Iii, Kirkland M. Kelley

William & Mary Annual Tax Conference

No abstract provided.


Making Retirement Benefits Payable To Trusts, Natalie B. Choate Dec 1999

Making Retirement Benefits Payable To Trusts, Natalie B. Choate

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning For Retirement Benefits: Selected Case Studies, Natalie B. Choate Dec 1999

Estate Planning For Retirement Benefits: Selected Case Studies, Natalie B. Choate

William & Mary Annual Tax Conference

No abstract provided.


Planning For Qualified Retirement Plan Benefits And Iras, Louis A. Mezzullo Dec 1999

Planning For Qualified Retirement Plan Benefits And Iras, Louis A. Mezzullo

William & Mary Annual Tax Conference

No abstract provided.


Contingent Consideration And Contingent Liabilities In Acquisitions: Outline,Addendum, References, Robert H. Wellen Dec 1999

Contingent Consideration And Contingent Liabilities In Acquisitions: Outline,Addendum, References, Robert H. Wellen

William & Mary Annual Tax Conference

No abstract provided.


Section 338(H)(10), Mark L. Yecies Dec 1999

Section 338(H)(10), Mark L. Yecies

William & Mary Annual Tax Conference

No abstract provided.


Corporate Divisions Under Section 355, Mark J. Silverman Dec 1999

Corporate Divisions Under Section 355, Mark J. Silverman

William & Mary Annual Tax Conference

No abstract provided.


Federal And State Audit Issues, William L.S. Rowe, D. French Slaughter Iii Dec 1999

Federal And State Audit Issues, William L.S. Rowe, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Use Of Limited Liability Companies In Corporate Transactions, Mark J. Silverman, Lisa M. Zarlenga Dec 1999

Use Of Limited Liability Companies In Corporate Transactions, Mark J. Silverman, Lisa M. Zarlenga

William & Mary Annual Tax Conference

No abstract provided.


Section 338(H)(10) & Appendix, Mark J. Silverman, Jonathan I. Forrest Dec 1999

Section 338(H)(10) & Appendix, Mark J. Silverman, Jonathan I. Forrest

William & Mary Annual Tax Conference

No abstract provided.


Lucifer's Fiasco: Lawyers, Liars, And L'Affaire Lewinsky, Rob Atkinson Dec 1999

Lucifer's Fiasco: Lawyers, Liars, And L'Affaire Lewinsky, Rob Atkinson

Scholarly Publications

No abstract provided.


Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson Dec 1999

Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Scholarly Publications

Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to …


Principled Adjudication: Tort Law And Beyond, Richard W. Wright Dec 1999

Principled Adjudication: Tort Law And Beyond, Richard W. Wright

All Faculty Scholarship

The article briefly discusses the impossibility of a strict formalist or positivist approach to legal adjudication and the necessity and plausibility of a principled approach, according to which it is necessary to resort, explicitly or implicitly, to the principles underlying the positive expressions or sources of law to identify, interpret and apply the law, in easy as well as hard cases. The legitimacy of the principled approach crucially depends on resort to the community's moral principles as embedded in the existing law -- those moral principles which best explain as much as possible of the existing law -- rather than …


9th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, David G. Epstein, Kenneth N. Klee, Paul H. Asofsky, Beverly M. Burden, Lawrence P. King, Charles P. Normandin, John J. Jerome, Taft A. Mckinstry, Joan Lloyd Cooper, G. Ray Warner, Gerald K. Smith Dec 1999

9th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, David G. Epstein, Kenneth N. Klee, Paul H. Asofsky, Beverly M. Burden, Lawrence P. King, Charles P. Normandin, John J. Jerome, Taft A. Mckinstry, Joan Lloyd Cooper, G. Ray Warner, Gerald K. Smith

Continuing Legal Education Materials

Materials from the 9th Biennial Judge Joe Lee Bankruptcy Institute held December 1999.