Law Commons^™

Providing A Foundation For Analysis Of Volatile Data Stores, Timothy Vidas

Journal of Digital Forensics, Security and Law

Current threats against typical computer systems demonstrate a need for forensic analysis of memory-resident data in addition to the conventional static analysis common today. Certain attacks and types of malware exist solely in memory and leave little or no evidentiary information on nonvolatile stores such as a hard disk drive. The desire to preserve system state at the time of response may even warrant memory acquisition independent of perceived threats and the ability to analyze the acquired duplicate.

Tools capable of duplicating various types of volatile data stores are becoming widely available. Once the data store has been duplicated, current …

Doveri E Responsabilità Degli Amministratori Di S.R.L. In Comparazione Con La Gmbh Tedesca, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Use And Effectiveness Of Contract Schedule Incentives In Air Force Materiel Command, Rodrick A. Koch

Theses and Dissertations

Are contract schedule incentives utilized by our acquisition contracting workforce, and if so what are their effectiveness? This research shows there is not widespread use of these types of incentives. There is also disagreement on their perceived effectiveness. Surveying, via email, the population of contracting officers and buyers within Air Force Materiel Command yielded responses from every center and many large acquisition systems. Only 8.5% of responses showed that they use schedule incentives. These respondents claim that schedule incentives are somewhat effective, yet of the 91.5 % that have not used them, 2-to-l say they would not be effective. The …

Acquisition Escrows In Tennessee: An Annotated Model Tennessee Acquisition Escrow Agreement, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model escrow agreement for use in acquisitions, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

Slides: Community-Owned Forests: Funding For Acquisition, Missoula, Mt, Tom Cassidy

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Thomas Cassidy, The Nature Conservancy, VA

21 slides

License, Intellectual Property, Asset Purchase, Acquisition, Disposition, Contract Drafting, Tennessee, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model bank merger agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

Buying Stock In Tennessee: An Annotated Model Tennessee Stock Purchase Agreement, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model stock purchase agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by 'Transactions: Tennessee Journal of Business Law' beginning in 2003.

Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Zuni Indian Tribe Water Rights Settlement Act of 2003, PL 108-34, 117 Stat. 782 (June 23, 2003). Parties: Zuni Tribe, US, AZ. The Act ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights in the Little CO River basin, AZ. It authorizes appropriations for acquisition of water rights and associated lands and, for fiscal years 2004 through 2006; and for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. The US shall take legal title of specified lands in the Gila and Salt River Base and Meridian …

Buying Assets In Tennessee: An Annotated Model Tennessee Asset Purchase Agreement, Joan Macleod Heminway, Angela Humphreys Hamilton

Scholarly Works

The coauthors have constructed a model asset purchase agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

The Impact Of Modern Finance Theory In Acquisition Cases, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In February of 1983, the Supreme Court of Delaware decided Weinberger v. UOP, Inc. The case holds that, in determining the present value of a corporation involved in an acquisition, courts are free to use “any techniques or methods [of valuation] which are generally considered acceptable in the financial community…”

The rule in Delaware prior to Weinberger required courts to determine the present value of a corporation by use of the Delaware block method of valuation exclusively. The Delaware block method, however, is a poor way to determine the present value of a corporation. As a result, even before the …

Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.

The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …

The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben

Theses and Dissertations

The purpose of this research was to determine whether the Air Force contract protest frequency rises or falls with reforms in the acquisition process, number of AF Contract Actions, number of AF Contract Dollars, AF-GAO Sustain Rate, and/or General Economic Conditions (represented by the U.S. unemployment rate). Specific management questions address the effectiveness of acquisition reform initiatives, a comparison to other external factors, and the identification of AF-GAO Protest trends between 1984 and 1998. The research problem was explored with a thorough literature review and formulation of a multiple regression model. The research identified the need to evaluate the impact …

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …

Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang

LLM Theses and Essays

The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …

Identifying The Firm-Specific Cost Pass-Through Rate, Jonathan Baker, Orley Ashenfelter, David Ashmore, Signe-Mary Mckernan

Articles in Law Reviews & Other Academic Journals

A merger that permits the combined company to reduce the marginal cost of producing a product creates an incentive for it to lower price. Accordingly, the rate at which cost changes are passed through to prices (along with an estimate of the magnitude of cost reductions that would result from merger) matters to the evaluation of the likely competitive effects of an acquisition. In this paper, we describe our empirical methodology for estimating the cost pass-through rate facing an individual firm, and for distinguishing that rate from the rate at which a firm passes through cost changes common to all …

M&A: Survival Of The Fittest In The 21st Century: Strategic Positioning In The Banking And Communications Industries - M&A In The Banking Industry Investment Banking Perspective, Neil Mccarthy

Fordham Journal of Corporate & Financial Law

No abstract provided.

M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Corporate Restructuring & Spin-Offs, Michael Kliegman

Fordham Journal of Corporate & Financial Law

No abstract provided.

Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

27 pages.

Contains references.

Yavapai-Prescott Indian Water Rights Settlement Act Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Title 1, Sec. 101(b)(5) of An Act to Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, AZ, and for Other Purposes, PL103-434 (OCT. 31, 1994) Title 1, Sec. 101(b)(5) repeals section 406(k) of Public Law 101-628 which authorizes $30,000,000 in appropriations for the acquisition of land and water resources in the Verde River basin and for the development thereof as an alternative source of water for the Fort McDowell Indian Community. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-108/pdf/STATUTE-108-Pg4526.pdf]

Constitutional Implications Of Acquisition-Value Real Property Taxation: Assessing The Burdens On Travel And Commerce, Mary Lafrance

Scholarly Works

This article is the second in a two-part series addressing the constitutional implications of acquisition-value real property taxation. This Article addresses constitutional issues raised by systems of real property taxation that base a property owner's tax assessment not on the current value of the property but on its value on the date the taxpayer acquired it. The first Article in this series described the operation of acquisition-value systems of real property taxation such as those adopted by California in 1978 and Florida in 1992, and evaluated the equal protection challenges to the California system (“Proposition 13”) which culminated in the …

Constitutional Implications Of Acquisition-Value Real Property Taxation: The Elusive Rational Basis, Mary Lafrance

Scholarly Works

This article is the first in a two-part series addressing the constitutional implications of acquisition-value real property taxation. Acquisition-value real property taxation systems represent a departure from the traditional practice of taxing real property on its current fair market value. In contrast to traditional systems, which are still employed by the vast majority of states, under acquisition- value taxation a real estate owner's property tax liability is determined by the value of the property when the taxpayer acquired it. In periods of rising real estate prices, such a scheme compels later buyers to shoulder a higher annual tax liability than …

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …

Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter

Touro Law Review

No abstract provided.

Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Title II - Truckee-Carson-Pyramid Lake Water Settlement, Public Law 101-618, 104 Stat. 3295 (Nov. 16, 1990) dealing primarily with rights of CA and NV. Parties: NV, CA, Pyramid Lake Paiute, The Act provides for the equitable apportionment of waters of Truckee River, Carson River and Lake Tahoe between NV & CA. The California allocation on the Truckee is subject to the right of the Pyramid Lake Indian Reservation’ right to use water as described under the Orr Ditch Decree. The Tribe has the right to manage the water on the reservation. Provisions are made to protect the Pyramid …

Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation & Settlement: The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (PL 101-618, 104 Stat. 3289). There is no separate Settlement Agreement. Title I -- Fallon Paiute Shoshone Tribal Settlement Act creates the Fallon Paiute Shoshone Tribal Settlement Fund and authorizes appropriations of $3 M for 1992 and $8 M for each of 1993, 1994, 1995, 1996 and 1997 for a total of $43M. The income of the fund is authorized for Tribal economic development, rehabilitation of the irrigation system, acquisition of water rights and other listed purposes. The Tribes will develop a management plan …

San Luis Rey Indian Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act of 1988, PL 100-675, 102 Stat. 4000 (Nov. 17, 1988). Parties: La Jolla Band of Luiseno Indians, Pala Band of Luiseno Mission Indians, Pauma Band of Luiseno Mission Indians, Rincon Band of Luiseno Mission Indians, San Pasqual Band of Diegueno Mission Indians, located in San Diego County, CA, US, CA, Escondido Mutual Water Company and Vista Irrigation District. The federal legislation was passed before the settlement agreement was developed. The purpose of the Act is to develop a reliable source of water for the Bands and to resolve their federal …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Agreement Of 1988, Salt River Pima-Maricopa Indian Community Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Salt River Pima-Maricopa Indian Community Water Rights Settlement Agreement of 1988. Parties: US, AZ, Salt River Pima-Maricopa Indian Community, Salt River Project Agricultural Improvement and Power District, Salt River Water Users Association, Roosevelt Water Conservation District, Roosevelt Irrigation, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert,Central AZ Water Conservation District. Contains stipulations, sources of water, expected groundwater recharge, Kent water, Bartlett Dam water, spill water, contracts with cities such as Phoenix, limitations on use, CAP water leasing and multiple exhibits.Exhibits 2.17-3.d of SRPMIC Settlement includes a "Map of SRPMIC Reservation" and several cases: Salt River Pima-Maricopa Indian Community v. …

Mergers And Acquisitions: The Quintessence Of Change, James C. Freund

Cleveland State Law Review

I wrote a book in the mid-'70's entitled ANATOMY OF A MERGER, a guide to handling negotiated acquisitions. Looking back from the vantage point of a decade later, I was struck by the tremendous changes that had taken place in terms of how acquisitions of public companies are accomplished. Today, the hostile takeover has so permeated the public company acquisition scene that it has entirely altered the way that lawyers and others who ply this trade accomplish their goals.