Digital Commons Network^™

Reforming The Business Meal Deduction: Matching Statutory Limitations With General Tax Policy, Wendy Gerzog Shaller

Duquesne Law Review

The deduction allowed under the Internal Revenue Code for business meal expenses has been the subject of much discussion in recent years. Proponents urge that business entertainment expenses are a practical necessity in attracting and retaining business and are thus justified as generating additional taxable income. Critics complain that business taxpayers unjustly benefit from taking a deduction for such expenses while escaping taxation on the personal benefit or "income" derived from having participated in the activity. This article examines the present statutory requirements for the deductibility of business meals and reviews recent judicial decisions in this area. Following a summary …

Staying Alive, Lucy S. Mcgough

Nova Law Review

No abstract provided.

Baby Jane Doe: Stating A Cause Of Action Against The Officious Intermeddler, Michael Vitiello

UC Law Journal

Parents of profoundly impaired neonates often face agonizing decisions regarding the exploitation of medical technologies that may prolong their child's existence but not be able to promise the child a normal life. Some pro-life advocates have attempted to intervene in that parental decision by resorting to litigation to compel life-sustaining treatment in particular cases. Although many find such officious intermeddling offensive, legal condemnation is uncertain. This Article argues that the second Restatement of Torts' formulation of the invasion of privacy tort is flexible enough to support a privacy action by the parents against officious intermeddlers. It first reviews the recent …

Conceptualizing National Identification: Informational Privacy Rights Protected, 19 J. Marshall L. Rev. 1007 (1986), Eric Grossman

UIC Law Review

No abstract provided.

Protecting The Handicapped Newborn: Where The Courts Failed And The Legislature Succeeded - The Child Abuse Amendments Of 1984, 19 J. Marshall L. Rev. 397 (1986), Timothy G. Kelly

UIC Law Review

No abstract provided.

Preemption In The Fisheries And The United Nations' Law Of The Sea Treaty, Leslie M. Macrae

Penn State International Law Review (1982 - 2011)

This article will examine the potential serious impact on traditional patterns of fishery management in the United States if the Law of the Sea Treaty is eventually signed. Preemption, a process by which the federal government takes over fishery management within the coastal states' territorial waters, may be facilitated, and in some cases required, if the Treaty is adopted.

The Environmental Cooperation Agreement Between Mexico And The United States: A Response To The Pollution Problems Of The Borderlands, Mark A. Sinclair

Cornell International Law Journal

No abstract provided.

Serving Subpoenas Abroad Pursuant To The Futures Trading Act Of 1986, Peter G. Mcgonagle

Fordham International Law Journal

Part I examines the 1986 amendment's legislative history and explains how the new subpoena powers will operate. Part II analyzes the new subpoena powers with respect to current standards of extraterritorial discovery under international law. Finally, Part III proposes an appropriate approach to serving CFTC subpoenas abroad which will promote their enforceability while not affronting the sovereignty of foreign nations.

1985 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty during 1985. Purposely omitted are the widely reported United State Supreme Court opinions, as well as cases where the high court has granted review during its 1985-86 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

The Plight Of The Handicapped Infant: The Federal Response, William C. Mims

University of Baltimore Law Review

No abstract provided.

Factions, Self-Interest, And The Apa: Four Lessons Since 1946 Administrative Law Symposium, Cass R. Sunstein

Articles

No abstract provided.

Homeless Mentally Ill People: No Longer Out Of Sight And Out Of Mind, Arlene S. Kanter

NYLS Journal of Human Rights

No abstract provided.

Criminal Nonsupport And A Proposal For An Effective Felony-Misdemeanor Distinction, Kirsten Howe

UC Law Journal

Parents' failure to provide necessary support for their children contributes greatly to the increasing childhood poverty rate in the United States. Nonsupport is a crime in all fifty states, but in California this crime is no longer chargeable as a felony. The California Court of Appeal in People v. Gregori held that Penal Code section 270, which prescribed felony sanctions only for defendants whose parental status had previously been adjudicated, violated the equal protection clauses of the United States and California Constitutions by impairing the fundamental right of access to the courts. This Note discusses the magnitude of the problems, …

Television Advertising: And Now A Word For Our Sponsors, Rick Goldfarb

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

First Amendment: Zoning Of Adult Business No Cure-All, Linda Kimbell

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Commentary: Effects Of Cost Containment On Health Care Services For Infants And Children, Anthony Shaw

Case Western Reserve Law Review

No abstract provided.

The Child Abuse Amendments Of 1984: Inadequate Procedural Due Process Safeguards, Patricia K. Caulfield

Valparaiso University Law Review

No abstract provided.

Workers' Compensation - Following A Spouse To A New Locality: Mississippi's Benefit Disqualification Statute - Warren V. Board Of Review Of Mississippi Employment Security Commission, E. Scott Lowicki

MC Law Review

Notes

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson

Law Faculty Articles and Essays

This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …

The Death-Prolonging Procedures Act And Refusal Of Treatment In Missouri, Sandra H. Johnson

All Faculty Scholarship

Missouri’s Death-Prolonging Procedures Act of 1985 represents an effort to ensure that an individual’s choices regarding medical treatment will be honored, even if the individual becomes incompetent. This article considers the Act’s limiting structure and examines the effect of these limits on the effectiveness of the Act in providing a legal right to refuse medical treatment.

Following an introduction, Part II describes the limiting structure of the Act. Part III considers the way in which the Act’s limitations relate to its binding effect.

First, an individual’s declaration applies only to "death-prolonging procedures" and only if the individual is terminally ill. …

Forced Medical Treatment Of Pregnant Women: Compelling Each To Live As Seems Good To The Rest, Lawrence J. Nelson, Brian P. Buggy, Carol J. Weil

UC Law Journal

This Article addresses the question of when, if ever, it is ethically and legally permissible to compel a competent, pregnant woman to undergo medical treatment for the sake of her fetus. The Article begins with a discussion of the various clinical situations in which maternal-fetal conflict may arise and the perceptions of clinicians faced with a maternal refusal of treatment. It then explores the ethical questions raised if a physician were to compel a pregnant woman to undergo treatment for the benefit of her fetus. This discussion is followed by an investigation of the legal status of the fetus and …

Administratively Declaring Order: Some Practical Applications Of The Administrative Procedure Act's Declaratory Order Process, Burnele V. Powell

North Carolina Law Review

No abstract provided.

Minority Focus On Entry; Series Ii; File 73, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Pre-Convention Bd. Of Directors; Series Ii; File 95, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

Faculty Publications

No abstract provided.

The State Of Utah V. Renfro : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

No abstract provided.

The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Paying For Children's Medical Care: Interaction Between Family Law And Cost Containment, Walter J. Wadlington

Case Western Reserve Law Review

No abstract provided.

Special Project--Feast Or Famine: Issues, Problems, And Procedures Relating To Massive Relief Efforts With A Focus On The African Crisis, Peggy F. Brandenburg, Susan N. Burgess, Scott N. Greenspun, Sharon M. Janarek, Patrick M. Thomas, Linda L. Kotis

Vanderbilt Journal of Transnational Law

"The profound promise of our era is that for the first time we may have the technical capacity to free mankind from the scourge of hunger. Therefore, today we must proclaim a bold objective--that within a decade no child will go to bed hungry, that no family will fear for its next day's bread, and that no human being's future and capacities will be stunted by malnutrition."

One decade later, the ongoing drought and famine in Ethiopia, Chad, Mozambique and other African countries cruelly portray the failure of that promise. Each year, millions of dollars worth of aid, much of …

Prospective Payment For Hospital Services: Social Responsibility And The Limits Of Legal Standards, Wendy K. Mariner

Faculty Scholarship

The author advances the argument that Diagnosis Related Groups (DRGs) should be recognized as a health care resource allocation technique. In addition, the author offers four societal goals as a gauge for measurement of DRG performance and reviews the incentives and disincentives connected with utilization of DRGs in health care allocation. Finally, the author examines the dichotomous attitudes toward health care distribution which are present in society today. The author's primary goal is to illustrate the potential inequities which could result from allowing DRGs to force allocation of health resources without any reference to social responsibility issues.