Digital Commons Network^™

The Taxation Of Family Religious Orders, Albert Feuer

University of Dayton Law Review

Some promoters have reportedly claimed that individuals may avoid income taxes without changing their life styles in any manner by using a kit available at a substantial price to form and utilize a “family religious order,” i.e., a religious order consisting of an individual and his immediate family; the individual directs the order as its minister. In accord with a “vow of poverty” the family members assign all their assets, income, and the use of their personal services to the family religious order. In return, the family religious order provides the family members with all their former living expenses, including …

Front Matter, Volume 6, Number 1 (1981), University Of Dayton

University of Dayton Law Review

Title page and table of contents for Volume 6, Number 1

Corporate Liquidations: The Kimbell-Diamond Doctrine — May It Rest In Peace, Matthew Richard Jenkins

University of Dayton Law Review

Chrome Plate, Inc. v. District Director of Internal Revenue, 614 F.2d 990 (5th Cir. 1980).

Due to the pressures of the Great Depression and the financial collapse of many businesses, President Franklin Roosevelt felt a need for the simplification of corporate structures. Congress reacted to this need for simplification and accordingly adopted section 112(b)(6) of the Revenue Act of 1935. This section, which was carried forward into the 1939 Internal Revenue Code with only a few alterations, provided for the tax-free liquidation of a corporate subsidiary, allowing the nonrecognition of gain or loss.

The tax basis for the assets of …

The Unfair Claims Settlement Practies Act: A Private Cause Of Action For Third Party Claimants Seeking Punitive Damages, James C. Klein

University of Dayton Law Review

In 1971 the National Association of Insurance Commissioners proposed: “An Act Relating to Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance.” This model legislation prohibits various unfair practices by insurance companies in dealing with applications, claims, and settlements of insurance with individuals. In an effort to control unfair trade practices in the business of insurance, many states have enacted some form of the Act or its regulations. In each of these states the enforcement of the provisions of the unfair practices legislation is the statutory duty of the state superintendent or commissioner …

Double-Breasted Operations In The Construction Industry: A Search For Concrete Guidelines, Stephen A. Watring

University of Dayton Law Review

The concept of double-breasting in the construction industry did not emerge until the mid-1960’s and early 1970’s. Not until the late 1970’s did the technique begin to pervade the industry. Whatever the cause behind this trend, double-breasting has now become a common practice, and a problem of great concern for companies and unions alike. Few issues in the field of labor law are at once so frequently raised yet so difficultly resolved. Traditionally, double-breasting occurs when a contractor, who is bound by one or more collective bargaining agreements, establishes another company, in the same area, which is not similarly bound. …

Criminal Procedure: The Definition Of Miranda's Interrogation, Michael Edward Susco

University of Dayton Law Review

Rhode Island v. Innis, 100 S. Ct. 1682 (1980).

The analysis of any issue regarding interrogation must begin with the landmark decision of Miranda v. Arizona, which established procedural safeguards to prevent self-incrimination by persons subjected to arrest and detainment by police. These “Miranda warnings” were designed to protect an individual from incriminating himself, either inadvertently or through duress, in a police-dominated atmosphere. The Supreme Court found the basis for these safeguards in the fifth amendment to the United States Constitution which provides that “[n]o person … shall be compelled in any criminal case to be a witness against himself,” …

Front Cover, Mariological Society Of America

Marian Studies

No abstract provided.

Presidential Address, Roger M. Charest

Marian Studies

No abstract provided.

Marian Devotion In Sixteenth-Century Latin America: In Light Of Handbooks Of Catechesis, Jean-Marie Salgado

Marian Studies

No abstract provided.

Title Page

Marian Library Studies

No abstract provided.

Vytis, Volume 67, Issue 1 (January 1981), Knights Of Lithuania

Vytis: The Newsletter of the Knights of Lithuania

Newsletter of the Knights of Lithuania national organization (United States); digitized and made available with the permission of the organization. Content may be protected by copyright.

Back Cover

Marian Library Studies

No abstract provided.

Front Cover

Marian Library Studies

No abstract provided.

Wrongful Birth: Judicial Reticence With An Emerging Tort: The Negligent Performance Of Genetic Counseling, Caroline Brower

University of Dayton Law Review

Berman v. Allan, 80 N.J. 421, 404 A.2d 8 (1979).

In Berman v. Allan, the Supreme court of New Jersey addressed the topics of wrongful birth and wrongful life for the first time since its much quoted decision of Gleitman v. Cosgrove. The Gleitman decision was the first in what has developed into a series of cases in which a physician's alleged negligent errors in prenatal diagnosis or genetic counseling and testing is claimed to have thwarted the parents' desire not to give birth to a child suffering from severe physical and mental abnormalities. Characteristic of the negligent genetic counseling …

Field Maps 1981, Grace K. Attea, Ryan W. Mcewan, John L. Vankat

Data Files for Old-Growth Deciduous Forest Dynamics Archive: Hueston Woods

Historical field map scans (1981) for the permanent 100m x 105m research plot in Hueston Woods State Nature Preserve.

Maps were digitized in 2022.

Interpopulation Variation In Calcareous And Proteinaceous Shell Components In The Stream Limpet, Ferrissia Rivularis, Carl M. Way, Daniel J. Hornbach, Albert J. Burky

Biology Faculty Publications

Natural populations of the North American stream limpet, F. rivularis, were studied in upstate New York [USA], in a set of localities whose waters have a 15-fold range of dissolved Ca (4.6-67.6 mg/liter) and also range from oligotrophy to eutrophy. Shell component analyses (CaCO3, total organic C and total N) are reported as component mass-fractions (mg/g or .mu.g/g dry weight) and as values for a standard limpet shell of 35 mm aperture length (AL). More than 2-fold differences occur between populations in all 3 components, with relatively little variation occurring within each population. Expressed per standard limpet, CaCO3 values for …

Seasonal Metabolism Of The Sphaeriid Clam, Musculium Partumeium (Say), From A Permanent And A Temporary Pond, Carl M. Way, Daniel J. Hornbach, Albert J. Burky

Biology Faculty Publications

Seasonal metabolic rates were examined for the sphaeriid clam, Musculium partumeium (Say) from a permanent and a temporary pond. For the fall-born generation from the permanent pond and for the single generation from the temporary pond, metabolic rates peak during periods of greatest growth and reproduction. Metabolic rates were consistently higher for the permanent pond population. These rates for Musculium partumeium extend the available information on the family Sphaeriidae to the genus Musculium.

Growth Of Pisidium Casertanum (Poli) In West Central Ohio, Albert J. Burky, Daniel J. Hornbach, Carl M. Way

Biology Faculty Publications

Clarke (1973) states that Pisidium casertanum (Poli) is perhaps the most common species of Pisidium and is truly cosmopolitan, occurring throughout Eurasia, Africa, Australia, and South, Central and North America. Populations of these clams are reported in habitats ranging from ephemeral ponds to benthic zones of deep lakes. Our study describes Manuscript received 29 May 1979 and in revised form 25 July 1980 (#79-34). 2 Present address: Department of Biology, University of Virginia, Charlottesville, VA 22901. 3 Present address: Department of Zoology, Miami University, Oxford, OH 45056. 41 aspects of the life-cycle of P. casertanum in a spring-fed stream with …

Environmental Heterogeneity, Genetic-Polymorphism, And Reproductive Strategies, M. J. Mcleod, Daniel J. Hornbach, S. I. Guttman, C. M. Way, Albert J. Burky

Biology Faculty Publications

No abstract provided.

Plea Bargains: What To Do When The Prosecutor Says No, Kevin L. Swick

University of Dayton Law Review

A common misconception of the American criminal justice system is the belief that "an accused may only be convicted by a jury of his peers after a trial in which his defense lawyer and the prosecutor sharply contest his guilt." In a majority of cases, however, this scenario never occurs. Instead, the prosecution and defense usually make a deal; that is, the defendant agrees to plead guilty and the prosecutor agrees to make concessions in return. One study has estimated that guilty pleas account for ninety percent of all convictions and that most of these pleas are the result of …

Evidentiary Privilege: Privilege Of Defendant To Prevent Adverse Spousal Testimony Abolished, Brenda M. Kloos

University of Dayton Law Review

Trammel v. United States, 100 S. Ct. 906 (1980).

The privilege of the defendant in a criminal trial to prevent adverse spousal testimony, often called the anti-marital facts privilege,' has been recognized since at least 1580. Although it had undergone some changes, it virtually remained intact, especially in the federal courts, until the recent decision of Trammel v. United States. In its early stages of development, what is today labeled a privilege was not actually a privilege, but instead a disqualification: husband and wife were deemed incompetent to testify for or against each other. This disqualification was believed necessary for …

Orpheus, Winter 1981, University Of Dayton

Orpheus: UD's Literary and Artistic Magazine

No abstract provided.

Ud To Again Offer Summer Physics Course

News Releases

News release announces that an intensive summer program will be again conducted by the University of Dayton Department of Physics.

Listener Supported, Direction For Radio

News Releases

News release announces information on the expanding role of the radio according to Dr. Jack Rang.

131st Commencement, Winter

Commencement Programs

No abstract provided.

Psychologist Says Christmas Spirit Depresses Some

News Releases

News release announces that the comments made by Professor of psychology, Berthold Berg, on the phenomenon of Holiday depression.

Program Serves Needs For Word Processors

News Releases

News release announces that the University of Dayton has implemented a program to train qualified people as word processors.

Ud Society Of Physics Students Recognized

News Releases

News release announces that the University of Dayton Society of Physics Students has been designated an outstanding chapter for the third year in a row.

December Graduation At The University Of Dayton

News Releases

News release announces that 291 men and 176 women will graduate from the University of Dayton in December diploma exercises.

Flyer News, Vol. 27, No. 26 (Dec. 9, 1980), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.