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Articles 1 - 11 of 11
Full-Text Articles in Law
A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad
A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad
American Indian Law Journal
The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.
Against Fiduciary Constitutionalism, Samuel L. Bray, Paul Miller
Against Fiduciary Constitutionalism, Samuel L. Bray, Paul Miller
Journal Articles
A growing body of scholarship draws connections between fiduciary law and the Constitution. In much of this literature, the Constitution is described as a fiduciary instrument that establishes fiduciary duties, not least for the President of the United States. This Article examines and critiques the claims of fiduciary constitutionalism. Although a range of arguments are made in this literature, there are common failings. Some of these involve a literalistic misreading of the works of leading political philosophers (e.g., Plato and Locke). Other failings involve fiduciary law—mistakes about how to identify fiduciary relationships, about the content and enforcement of fiduciary duties, …
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
Pepperdine Law Review
No abstract provided.
Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen
Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen
Law Faculty Scholarly Articles
On January 5,2007, the Nonprofit and Philanthropy Law Section of AALS held its first program at the AALS Annual Meeting in Washington, D.C. The program, entitled "State-Level Legal Reform of the Law of Nonprofit Organizations," was a fitting way to launch what should prove to be a valuable contribution to the study of law relating to nonprofit organizations and philanthropy. This burgeoning area of academic legal study is well poised to grow by leaps and bounds in the coming years due to its impact on many traditional areas of legal study, including tax law, corporate law, estate law, trust law, …
Digging Up New Revenue: Retrospective Estate Taxation And The Omnibus Budget Reconciliation Act, Michael George
Digging Up New Revenue: Retrospective Estate Taxation And The Omnibus Budget Reconciliation Act, Michael George
West Virginia Law Review
No abstract provided.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Abstracts Of Recent Cases, Frank Cuomo Jr.
Abstracts Of Recent Cases, Frank Cuomo Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, J. E. J.
Current Constitutional Problems In Federal Taxation, Charles L.B. Lowndes
Current Constitutional Problems In Federal Taxation, Charles L.B. Lowndes
Vanderbilt Law Review
The most significant constitutional problem in federal taxation today is the absence of constitutional problems. The federal income, estate and gift taxes all encountered an extremely critical reception at the hands of the courts and suffered serious constitutional set-backs early in their careers. Today, however, they function in a constitutional climate as benevolent as it was formerly hostile. A microscopic analysis of the present federal tax system may reveal minor irregularities which might conceivably be magnified into major constitutional issues. From a practical point of view, however, the chance of invalidating a federal tax assessment on constitutional grounds is infinitesimal. …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Bills and Notes--Fictitious Payee Known only to Fraudulent Employee of Drawer--Negotiable Instruments Law v. Fictitious Payee Act
Constitutional Law--Amendment and Revision--Power to Call Constitutional Convention Limited to Consideration of Specific Topics
Constitutional Law--Interstate Commerce--Dental of License to Ship Milk Held Invalid
Constitutional Law--Separation of Powers--Legislative Control over Admission to the Bar
Contracts--Recited Cash Consideration--Effect of Non-payment
Contracts--Statute of Frauds--Letterhead as a Signature
Criminal Procedure--Communication between Judge and Jury--Effect of Inquiry as to Pronounced Majority
Criminal Procedure--Constitutional Right to Public Trial--Power of Court to Order Courtroom Cleared of Spectators
Estates--Disability of Life Tenant to Purchase Tax Title to Exclusion …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Assault and Battery--Injury Sustained in Prize Fig
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Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction
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Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional
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Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants
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Criminal Procedure--Use of Jury Primer Prior to Trial
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Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission
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Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony
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Interstate Commerce--Sherman Act--Applicability to Organized Baseball
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Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …