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Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna

Dalhousie Law Journal

The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …

Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna

Dalhousie Law Journal

The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …

Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna

Dalhousie Law Journal

The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …

Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman

Dalhousie Law Journal

In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to …

Why Wage-Price Controls Fail: A Theory Of The Second Best Approach To Inflation Control, Richard Neely

West Virginia Law Review

No abstract provided.

The Poverty Of American Energy Policy, Patrick H. Martin

Tulsa Law Review

No abstract provided.

131st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

131st University of Notre Dame Commencement and Mass Program

Summer

Legal Institutions For The Allocation Of Water And Their Impact On Coal Conversion Operations In Kentucky, Richard C. Ausness, Gary W. Callahan, Steven W. Dills, Bill H. Flynn, John S. Gillig

KWRRI Research Reports

The conversion of coal into other types of fuel through gasification and liquefaction has been proposed as a means of coping with America's increasing energy needs. Coal conversion plants require large quantities of water for cooling purposes and for use as a raw material.

There are three types of water allocation presently used in the United States, riparianism, prior appropriation, and administrative permit systems. The common law riparian system is undesirable because under it water rights are insecure and subject to locational use restrictions. Prior appropriation is better, but the permanent water right created under this system results in excessive …

Reapportionment : An Oregon History And A Critique Of Baker Vs Carr, Ann Frissell Lackey

Dissertations and Theses

This study explores the ways in which federal and state authorities have sought to deal with a difficult problem of political power in the context of the U.S. Constitution. Oregon reapportionment history offers an appropriate introduction to a critique of the national reapportionment decisions of Baker vs Carr and Reynolds vs Sims. Its Constitution stipulated population and the ratio derived from a population based formula were the means by which apportionment was to be determined and noncompliance had been particularly evident from 1933 to 1952. Also, by the initiative process and a decision by the Oregon Supreme Court, Oregon had …

Washington Jails: A Legislative Failure, Bob Free

Washington Law Review

This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.

Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.

The Economic Effects Of Monopoly: A Lawyer's Guide To Antitrust Economics, David R. Kamerschen

Mercer Law Review

Four factors were influential in my decision to write this survey paper summarizing what economists believe theoretically and have found empirically to be the major economic (and noneconomic) effects of monopoly. First, in my work as an expert witness in antitrust cases representing both private parties and public bodies, I have found a glaring lacuna in the minds of some judges, a number of lawyers and most jurors in the area of antitrust economics. Second, this feeling has been fortified by my guest lectures in antitrust law courses; while the students are bright and the teacher dedicated, an acceptable level …

Teacher Dismissals Under Section 13447 Of The California Education Code, Nancy Ozsogomonyan

UC Law Journal

To cope with declining enrollment and unremitting financial problems, California school districts are increasingly forced to opt for large-scale teacher dismissals. The majority of these dismissals are invalidated because of failure to implement properly the complicated and ambiguous requirements of section 13447. This note analyzes the statute and its application by the courts, examines the difficulties of compliance, and proposes interpretative and legislative changes which would result in a more clearly defined standard for implementation and a more workable law.

Presumpscot River Basin - Cumberland County Tidewater Water Quality Management Plan, Bureau Of Water Quality Control

Maine Collection

Presumpscot River Basin - Cumberland County Tidewater Water Quality Management Plan

Maine Department of Environmental Protection, Bureau of Water Quality Control, Division of Water Quality Evaluation and Planning, August, Maine (June 1976).

"Prepared pursuant to Section 303 (e) of the Federal Water Pollution Act Amendments of 1972"

Contents: Letter of Transmittal / Table of Contents / Appendices and Tables / I. Summary, Conclusions, Recommendations / II. Introduction / III. Water Quality / IV. Planning Activities / Appendices / Tables

Controlling Discretion In Sentencing: The Clemency Board As A Working Model, William A. Strauss

Notre Dame Law Review

No abstract provided.

Equal Protection, Social Welfare Litigation, The Burger Court, Mark S. Coven

Notre Dame Law Review

No abstract provided.

Jury Selection--Sixth Amendment Right To A Fair Cross Section Of The Community--A Change In Emphasis, Kathryn Marie Krause

Missouri Law Review

No abstract provided.

Mary J. Mackey V. Richard L. Harvey : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

No abstract provided.

Termination Of Disability Benefit Payments Without A Prior Hearing Is Not Violative Of Due Process., William R. Crow Jr.

St. Mary's Law Journal

Abstract Forthcoming.

131st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

OFFICIAL

131st University of Notre Dame Commencement and Mass Program

Conservation Of Natural Resources--Ecology, Economics And Energy, Harold W. Young

West Virginia Law Review

No abstract provided.

Book Reviews

Cornell International Law Journal

No abstract provided.

Constitutional Law-Criminal Procedure-Criminal Contempt-The Right To Trial By Jury - Muniz V. Hoffman, Lon D. Packard

BYU Law Review

No abstract provided.

Labor Law: The Duty Of An Employer To Negotiate In Good Faith, Barbara Pugliese Gorman

University of Dayton Law Review

An obligation to bargain collectively is imposed on both employer and employee representatives by the National Labor Relations Act (NLRA), I §8(a)(5)1 and §8(b)(3), 3 respectively. These provisions make it an unfair labor practice for either party to refuse to participate in collective bargaining. Compliance with this duty to bargain cannot be achieved by simply conferring about the terms and conditions of employment.

Rather, the NLRA imposes a further obligation on the parties, for §8(d) defines collective bargaining as: “the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and …

The Cost Of Environmental Protection: A Review, Ian T. Ball

IUSTITIA

Dan Richardson's study is "an attempt to analyze present regulatory procedures in the New Jersey coastal zone, with an emphasis on the cost of these procedures to residential developers and housing consumers." Specifically, twenty-one residential developments in a coastal township were monitored from acquisition of land to final approval of the development proposal, and the costs of regulatory approvals, consulting engineering, legal, and governmental fees, as well as holding costs incurred by the developer, were itemized. The costs of the regulatory process were then broken down according to costs incurred during the local regulatory process and those costs resulting from …

Provo City V. Hubert C. Lambert Et Al : Brief Of Plaintiff-Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

No abstract provided.

Colonial Lawyer, Vol. 6, No.1 (Spring 1976), Editors Of Colonial Lawyer

Colonial Lawyer

No abstract provided.

Sex, Texts, And The First Amendment, Beverly J. Hodgson

The Journal of Law and Education

No abstract provided.

American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland

Indiana Law Journal

No abstract provided.

A Framework For The Allocation Of Prevention Resources With A Specific Application To Insider Trading, Michigan Law Review

Michigan Law Review

This Note enumerates and analyzes the three principal forces that induce individuals to abide by societal laws. These forces, or elements of effective prevention, are then combined to form a framework of general deterrence that both identifies the areas in which society can introduce resources into the prevention plan and explains in a general manner what the effect of particular expenditures will be. In the final section of the Note, the framework is applied to a specific prohibited activity-insider trading in securities-to exemplify its utility in determining more effective applications of prevention resources.