Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Supreme Court, Appellate Term, People V. Morin, Lauren Tan Dec 2014

Supreme Court, Appellate Term, People V. Morin, Lauren Tan

Touro Law Review

No abstract provided.


The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips Dec 2014

The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips

University of Massachusetts Law Review

The practice of bankruptcy law has changed drastically over the last decade. An attorney starting out in the field in 2009 faces different issue than one who began in 1999. However, it’s not just the issues that come up with clients that make the practice so different, but the law of bankruptcy itself has changed. The economic downturn of the last eighteen months has changed the way the public views bankruptcy. The Bankruptcy Reform Act of 2005 and In re Bateman, a case decided in 2008, altered the landscape of bankruptcy practice forever. This article will walk through a …


Cobra Strikes Back: Anatomy Of A Tax Shelter, Karen C. Burke, Grayson M.P. Mccouch Nov 2014

Cobra Strikes Back: Anatomy Of A Tax Shelter, Karen C. Burke, Grayson M.P. Mccouch

Karen Burke

Paul Daugerdas gained notoriety for himself and his erstwhile firm, Jenkens & Gilchrist, as the designer of a tax shelter that uses contingent liabilities to generate artificial tax losses on a grand scale. The basic shelter transaction is surprisingly simple. In essence, it uses offsetting options to inflate the basis of property that is distributed by a partnership and then contributed to and sold by another partnership, resulting in a large tax loss without any corresponding economic loss. In principle, this type of shelter could be replicated indefinitely and generate unlimited tax losses. Mr. Daugerdas is by no means unique. …


Cobra Strikes Back: Anatomy Of A Tax Shelter, Karen C. Burke, Grayson M.P. Mccouch Nov 2014

Cobra Strikes Back: Anatomy Of A Tax Shelter, Karen C. Burke, Grayson M.P. Mccouch

Grayson McCouch

Paul Daugerdas gained notoriety for himself and his erstwhile firm, Jenkens & Gilchrist, as the designer of a tax shelter that uses contingent liabilities to generate artificial tax losses on a grand scale. The basic shelter transaction is surprisingly simple. In essence, it uses offsetting options to inflate the basis of property that is distributed by a partnership and then contributed to and sold by another partnership, resulting in a large tax loss without any corresponding economic loss. In principle, this type of shelter could be replicated indefinitely and generate unlimited tax losses. Mr. Daugerdas is by no means unique. …


The Gale Of Removal Of Governors, Borderline Legislators And Legislative Terrorism, Jideobi Chukwukasi Aug 2014

The Gale Of Removal Of Governors, Borderline Legislators And Legislative Terrorism, Jideobi Chukwukasi

JOHNMARY CHUKWUKASI JIDEOBI Esq.

For far too long,shocking and unmitigated impunity has been blossoming in the Nigerian polity. From one end of the ountry to another, the wind of removal of State Chief Executives has become the pastime of State Legislature. The section 188 of the Nigerian 1999 Constitution has to this been enjoying prominence recently. It is now the cynosure of all stakeholders being the governing section that dictates the removal proceedings. However, the drama that has been playing out from the Nassarawa State House of Assembly with respect to the invocation of this section is becoming nightmarish. There are palpable apprehension that …


The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie Jun 2014

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Touro Law Review

No abstract provided.


"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark Jun 2014

"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark

Leigh S. Goodmark

What constitutes justice in cases involving intimate partner abuse has historically been determined not by the person subjected to abuse, but rather an actor within the legal system—a police officer, a prosecutor, an advocate, or a judge—and those individuals most often define justice in terms of what the legal system has to offer. People subjected to abuse may conceive of justice quite differently, however, in ways that the legal system is not well suited to address. For people subjected to abuse who are interested in punishment, whose goals are congruent with the legal system’s goals of safety and accountability (as …


A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson Jan 2014

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

All Faculty Scholarship

This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its limited goals-achieving …


Given A Hammer: Tax Increment Financing Abuse In The St. Louis Region, Joe Wilson Jan 2014

Given A Hammer: Tax Increment Financing Abuse In The St. Louis Region, Joe Wilson

Saint Louis University Public Law Review

No abstract provided.


Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin Jan 2014

Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.


Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith Jan 2014

Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

Mandatory reporting state statutes regarding the sexual abuse of children are compiled and reported. Entries include (if provided) the following information: state; mandatory reporting statutes name; what has to be reported; relevant definitions; persons required to report; reporting procedures; and penalty for failure to report.


Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff Jan 2014

Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff

University of Richmond Law Review

No abstract provided.