Digital Commons Network^™

Income Tax Allocations And Dividends Under The Model Business Corporation Act, Michael D. O'Keefe

Washington Law Review

Modern dividend statutes, as exemplified by the Model Business Corporation Act, have incorporated many accounting terms. For aid in the complex process of construing such statutes, the courts and commentators have turned to generally accepted accounting principles. Although accounting principles may be helpful in statutory interpretation, they are not determinative. The accounting attitude toward a transaction must still be correlated with the dividend policies inherent in the statute.

The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus—Part Two: On The Need For Adaptation To Changing Reality, Arthur Selwyn Miller, Alan W. Scheflin

Duke Law Journal

No abstract provided.

Evidence: Admission Of Mathematical Probability Statistics Held Erroneous For Want Of Demonstration Of Validity

Duke Law Journal

In State v. Sneed the New Mexico Supreme Court limited its disapproval of evidence of probability statistics to the particular facts presented but failed to articulate specific safeguards for subsequent use of such evidence. This note explores the nature of probability statistics, their potential utility in a legal context, and criteria by which their admissibility might be determined.

The Media Is The Message, Eugene F. Mooney

University of Miami Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Section 2(b) of the Robinson-Patman Act Permits Seller To Use a Pricing System To Meet the Prices of Competing Goods of Equal Saleability

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Constitutional Law--First Amendment--State Legislature May Not Require Local School Boards To Lend Textbooks to Pupils of Parochial Schools

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Constitutional Law--Imports Shipped Directly to Dealer Under Consignment Contracts With the Importer Are Not Immune to State Taxation Under the Import-Export Clause

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Constitutional Law--Reapportionment--One Man-One Vote Principle Applies to Popularly Elected Local School Boards

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Criminal Law--Admissibility in Evidence of Blood Tests Over Defendant's Objection

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Criminal Law--Resentencing--Court Has Duty To Make Known Reasons for Increased …

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …

Equality, Marvin M. Karpatkin

Buffalo Law Review

No abstract provided.

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …

The Influence Of Mortgage Lenders On Building Design, John B. Halper

Law and Contemporary Problems

No abstract provided.

Cash Tender Offers For Shares—A Reply To Chairman Cohen, Henry G. Manne

Duke Law Journal

In the past few years, the corporate takeover device of the cash tender offer has grown in frequency, and thus in importance. Concomitantly, legislation designed to sweep this relatively unregulated method of acquiring corporate control into the ambit of the SEC has been proffered. In response to the reasons which have been propounded in favor of such regulation, the author analyzes the pending legislation, appraises its likely consequences, and evaluates its objectives.

Trade Regulation: District Court Clarifies Test For Conglomerate Merger Violation Of Clayton Act

Duke Law Journal

In a divestiture suit under the Clayton Act, the Southern District of New York limited the investigation necessary to ascertain a section 7 violation on the basis of reciprocity and brought reciprocal dealing standing apart from an acquisition within the purview of section 1 of the Sherman Act by analogy to tying arrangements. The reasoning and conclusions of the court may give significant impetus to the reciprocity concept as a basis for antitrust regulation with important implications for business expansion by diversification acquisition.

Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway

Washington Law Review

Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …

Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway

Washington Law Review

Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …

Vol. 21, No. 6, February 23, 1967, University Of Michigan Law School

Res Gestae

•Law Wives Annual Winter Dance •Symposium on Legal Opportunities •Siegel Strikes Back! •Letter from the President of the Board of Directors •Researcher in Residence this Year: James A. MacLachlan, Mr. Creditors' Rights •Report from the Board •Three Selected Student Advisors to 'U' Veeps •Legal Aid Student Board Elections March 6 •Announcements •Weekender •Sports

Plainol Citations By Louisiana Courts: 1959-1966, Joseph Dainow

Louisiana Law Review

No abstract provided.

The Quad

Yearbooks & Class Year Publications

Yearbook of the Class of 1967.