Digital Commons Network^™

Determination Of The Useful Life Of A Taxpayer's Asset For Purposes Of The Federal Income Tax Deduction For Depreciation Using Statistical Methods To Analyze The Facts And Circumstances, Robert E. Anthony

Villanova Law Review (1956 - )

No abstract provided.

Sex Discrimination In Athletics, Joan Ruth Kutner

Villanova Law Review (1956 - )

No abstract provided.

The Patentee's Gains From Royalty Differentiation Under Exclusive Territorial Licensing, William G. Snead

University of Michigan Journal of Law Reform

Royalty differentiation under exclusive territorial grants is a device which a patent owner, given proper conditions, can use to maximize his profits from licensing the patent rights to an invention. The patentee creates exclusive territories by granting only one license per territory, and then sets different royalties for each territory in accordance with the differing price elasticities of demand for the patented end product. Commentators have taken various stands on how the interests of the patentee and the public should be balanced in determining the desirability of permitting such exclusive territorial grants. One analysis purports to show that permitting a …

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …

Preferential Admissions To Professional Schools: The Equal Protection Challenge, Edward J. Charlton, Robert E. Heideck

Villanova Law Review (1956 - )

No abstract provided.

Governmental Investigations Of The Exercise Of First Amendment Rights: Citizens' Rights And Remedies, Minn. L. Rev. Editorial Board

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Knowledge And Politics By Roberto Mangabeira Unger, Anthony T. Kronman

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar

Articles

There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …

A Recipe For Bad Water: Welfare Economics And Nuisance Law Mixed Well, Peter D. Junger

Case Western Reserve Law Review

No abstract provided.

The Role Of The Trial Attorney In Mass Air Disaster Litigation, F. Lee Bailey, Aaron J. Broder

Journal of Air Law and Commerce

No abstract provided.

Exploring The Conservatism Of Federal Appeals Court Judges, Charles M. Lamb

Indiana Law Journal

No abstract provided.

A Review Of Court Cases Concerning Dismissal Of Certificated Personnel In The State Of Washington, Allen T. Hughes

All Graduate Projects

This paper presents briefs of court case materials found in the legal files of the Washington Education Association, Washington Report Second Edition, Washington Appellate Reports, and Washington Digest concerned with the dismissal of certificated personnel in the.State of Washington. This paper can be used by educators involved with dismissal procedures as stated by RCW 28A.58.450. The briefs are designed so the reader can quickly determine:

1. Facts leading to the problem;

2. The problem;

3. The decision of the court; and

4. The rationale for the decision.

Maney V. Ratcliff, Lawrence N. Mullman

Hofstra Law Review

No abstract provided.

Comprehensive Models For Assessing Lost Profits To Antitrsut Plaintiffs, Richard C. Hoyt, Dale C. Dahl, Stuart D. Gibson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Racial Designation In Louisana: One Drop Of Black Blood Makes A Negro, Kenneth A. Davis

UC Law Constitutional Quarterly

No abstract provided.

A Moment Of Truth On Racially Based Admissions, Larry M. Lavinsky

UC Law Constitutional Quarterly

No abstract provided.

Usury--Attorneys' Fees--Bank's Collection Of In-House Legal Department Costs On Default Judgments Constitutes Usury And Illegal Fee-Splitting, William Kirschner

Fordham Urban Law Journal

At the request of the Attorney General, the Administrative Judge of the Civil Court of New York brought an action against Chemical Bank to recover all attorneys' fees collected by the bank in obtaining numerous default judgments during 1973 and 1974. These judgments resulted from unpaid consumer loans and were based on certain notes signed by each borrower. The consumer notes included provisions for the recovery of attorneys' fees even though the defaults were not prosecuted by an independent law firm but by the bank's salaried in-house counsel. The plaintiff in Thompson v. Chemical Bank argued that Chemical Bank, by …

Garbage In, Gospel Out: Establishing Probable Cause Through Computerized Criminal Information Transmittals, Judith J. Rentschler

UC Law Journal

No abstract provided.

Statutory Incorporation Flexibility In Maryland: Drafting Corporate Documents For The Privately-Held Enterprise, Ronald M. Shapiro

University of Baltimore Law Review

The provisions of the Maryland Code governing the incorporation process enable the attorney incorporating a privately- held enterprise to draft corporate documents accommodating the needs of the particular promoting individuals. This article focuses on the drafting of articles of incorporation and bylaws, and places particular emphasis on the options for allocating control and financial interests available within the Maryland statutory framework.

Sentencing By Parole Board: An Evaluation, Anne M. Heinz, John P. Heinz, Stephen J. Senderowitz, Mary Anne Vance

Journal of Criminal Law and Criminology

No abstract provided.

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

The Economics Of The 1974 Federal Election Campaign Act Amendments, Sam Kazman

Buffalo Law Review

No abstract provided.

Notes And Comments: Fcc Implementation Of The Section 315(A) Exemptions: The Disappearance Of The Equal Time Doctrine, Gary R. Greenblatt

University of Baltimore Law Review

As required by the equal time doctrine, broadcast licensees that permit their facilities to be used by legally qualified candidates for public office must provide all other legally qualified candidates for that office equivalent broadcast time. In 1959, Congress amended Section 315(a) of the Communications Act of 1931,. and created four statutory exemptions to the doctrine. The author analyzes the FCC implementation of these exemptions to determine the parameters and application of each to specific circumstances.

Evan Garth Westenskow V. Glora Westenskow : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from the Judgment of the District Court of Weber County, Hon. Ronald O. Hyde, Judge

Logic And Laws: Relief From Statutory Obfuscation, Rudy Engholm

University of Michigan Journal of Law Reform

Ever-expanding use of the legislative process in recent years has resulted in a vast proliferation of statutes and regulations. The Public Acts of the First United States Congress (1789-91) filled only 203 pages. The Public Acts of the Thirty-first Congress (1850-51) filled 227 pages, those of the Sixty-first Congress (1909-11) filled 1459 pages, and those of the Ninety-first Congress (1969-71) filled 2938 pages. In addition, publication of new and recently amended federal regulations contributed to a Federal Register exceeding 45,000 pages in length in 1974. The growth of state statutory materials parallels this trend. Unfortunately, the technology of statutory expression …

Judicial Policy-Making And Information Flow To The Supreme Court, Charles M. Lamb

Vanderbilt Law Review

This article is intended as an exploratory step toward filling the gap in the literature by synthesizing the fragmentary knowledge relating to judicial information flow. It attempts to advance the dialogue initiated by Professors Miller and Barron by providing a number of components necessary for an adequate model; it seeks also to suggest additional considerations necessary for a more useful model and thus for a continuing systematic inquiry into the information flow process. Results of the Miller-Barron article supply the background for the work reported here. Times, Roe, and Doe and the Miller-Barron findings are considered in the first two …

The Impact If Howard Johnson On The Labor Obligations Of Successor Employer, Michigan Law Review

Michigan Law Review

This Note assesses the impact of Howard Johnson on the labor-law obligations of successor employers. Part I analyzes the prior case law; part II critiques the reasoning of the Howard Johnson opinion; part III considers the merits of a new approach to the successorship problem, suggested in a footnote in Howard Johnson.

The Insurance Of Medical Losses, Richard S. L. Roddis, Richard E. Stewart

Duke Law Journal

No abstract provided.

Admiralty Law- Supreme Court Sinks Divided Damages Rule

University of Richmond Law Review

The rule of divided damages in admiralty law, established by the Supreme Court in 1855 in The Schooner Catharinev. Dickinson, requires that if both parties are at fault each must bear one-half of the total dam- ages, regardless of his degree of fault. The rule was developed in response to the harsh common law rule of contributory negligence which allowed no recovery and left the parties to pay their own damages. The divided damages rule was acknowledged by the Supreme Court as valid as late as 1963, and it was not until 1972 that the Court signaled its intention to …

"One Man's Theory .... ": A Metatheoretical Analysis Of H. L. A. Hart's Model Of Law, F. Patrick Hubbard

Maryland Law Review

No abstract provided.