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Representing Children, Donald N. Duquette Jan 1988

Representing Children, Donald N. Duquette

Articles

The Child Protection Law, MCLA 722.630, and the Juvenile Court Rules, MCR 5.915 (B)(2), require the Juvenile Court to appoint an attorney for the child in child protection proceedings. Although the child protection law identifies some of the expectations of the child's counsel,t many questions remain. What does it mean to be a good child advocate in these cases? How does one identify the best interests of the children? What is the place of the child's wishes in identifying the goals of the advocate? Beyond the letter of the law, what ought to be the proper role of the child's …


Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn Jan 1988

Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn

Articles

The General Utilities doctrine is the name given to the now largely defunct tax rule that a corporation does not recognize a gain or a loss on making a liquidating or nonliquidating distribution of an appreciated or depreciated asset to its shareholders. The roots of the doctrine, can be traced to a regulation promulgated in 1919 that denied realization of gain or loss to a corporation when making a liquidating distribution of an asset in kind. No regulatory provision existed which specified the extent to which realization would or would not be triggered by a nonliquidating distribution such as a …


Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine Jan 1988

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

Articles

Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …


The Separation Of Banking And Commerce Reconsidered, Stephen K. Halpert Jan 1988

The Separation Of Banking And Commerce Reconsidered, Stephen K. Halpert

Articles

No abstract provided.


Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel Jan 1988

Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel

Articles

No abstract provided


Lender/Owners And Cercla: Title And Liability, Ann Burkhart Jan 1988

Lender/Owners And Cercla: Title And Liability, Ann Burkhart

Articles

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the liability provisions and …


The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus Jan 1988

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …


University Of Alabama - School Of Law's Special Special Collection: Reaching Out For Law School History, The Announcement, Paul M. Pruitt Jr. Jan 1988

University Of Alabama - School Of Law's Special Special Collection: Reaching Out For Law School History, The Announcement, Paul M. Pruitt Jr.

Articles

No abstract provided.


Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman Jan 1988

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil Jan 1988

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

Articles

No abstract provided.


The Incredible, Incomparable Incarnation, Harold Willmington Dec 1987

The Incredible, Incomparable Incarnation, Harold Willmington

Articles

No abstract provided.


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …


Prosperity Theology : A Slot-Machine Religion, Harold Willmington Nov 1987

Prosperity Theology : A Slot-Machine Religion, Harold Willmington

Articles

No abstract provided.


The Humane And Just Alternative For Canada, James C. Hathaway Sep 1987

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …


Multiple Access Protocols For Data Communications Via Vsat Networks, Chester J. Wolejsza, Desmond P. Taylor, Melvyn Grossman, William P. Osborne Jul 1987

Multiple Access Protocols For Data Communications Via Vsat Networks, Chester J. Wolejsza, Desmond P. Taylor, Melvyn Grossman, William P. Osborne

Articles

One of the most significant advantages of VSAT Networks is the ability to link together many terminals at remote sites under a single manageable network and to adapt the performance characteristics of the network to the requirements of the type of data traffic presented to the network.


The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky Apr 1987

The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky

Articles

No abstract provided.


Oxiation-Kinetics And Reciprocity Behavior In The Microencapsulated Acrylate Imaging Process, Jonathan Arney Jan 1987

Oxiation-Kinetics And Reciprocity Behavior In The Microencapsulated Acrylate Imaging Process, Jonathan Arney

Articles

Photographic process based photopolymerization of acrylate monomer.


The Impact Of Changing Technology On The Employment Of A Group Of Older Deaf Workers, Greg Emerton, Susan Foster, Harriette Royer Jan 1987

The Impact Of Changing Technology On The Employment Of A Group Of Older Deaf Workers, Greg Emerton, Susan Foster, Harriette Royer

Articles

Sociologists are fond of looking at social and cultural change in the abstract, as an alternation in the patterns of social structure and social relationships within a society over time. Seldom do they look at the impact of macro level trends upon individuals and rarely do they concern themselves with a low-incidence population such as the deaf community. This study seeks to help alter that pattern by examining the effects of changing technology upon a small group of older, deaf people who have been in the work force for 20 years or more.


Implementation Of Recommended Ocular Exposure Thresholds For The Evaluation Of Xenon Flashes, Mark Fairchild, Roy Berns Jan 1987

Implementation Of Recommended Ocular Exposure Thresholds For The Evaluation Of Xenon Flashes, Mark Fairchild, Roy Berns

Articles

A system was established for the evaluation of sources of optical radiation with respect to recommended ocular exposure limits. This system consists of a diode array radiometer calibrated for absolute radiometric measurements and software for the application of the currently accepted threshold limits for exposure to various wavelengths of radiation. Absolute calibration of the array radiometer was accomplished to within 3% of values obtained with a conventional instrument. Day-to-day repeatability of the instrument indicates the possibility of absolute calibration of the detector array responsivity for everyday use in the measurements of continuous sources to an accuracy of plus-or-minus 2.8%. It …


Employment Experiences Of Deaf College Graduates: An Interview Study, Susan Foster Jan 1987

Employment Experiences Of Deaf College Graduates: An Interview Study, Susan Foster

Articles

The primary purpose of the National Technical Institute for the Deaf at RIT is to prepare deaf young adults for successful employment. A major thrust of NTID research is therefore, to determine how well these graduates are doing over time. To this end, NTID sponsors several research projects which focus on graduate follow up, including an annual alumni survey and periodic collection of data from federal data banks.


Simple 5-(28,6,Lambda) Designs From Psl_2(27), Donald Kreher, Stanislaw Radziszowski Jan 1987

Simple 5-(28,6,Lambda) Designs From Psl_2(27), Donald Kreher, Stanislaw Radziszowski

Articles

Simple 5-{28,5,lambda) designs with PSL_2(27) as an automorphism group are constructed for each lambda. 2<=lambda<=21.


The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone Jan 1987

The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone

Articles

No abstract provided.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.


The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie Jan 1987

The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie

Articles

This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …


The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore Jan 1987

The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore

Articles

No abstract provided.


The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner Jan 1987

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

Articles

No abstract provided.


You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell Jan 1987

You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell

Articles

No abstract provided.


Implicit And Explicit Rights Of Association, Frank H. Easterbrook Jan 1987

Implicit And Explicit Rights Of Association, Frank H. Easterbrook

Articles

No abstract provided.


Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Jan 1987

Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Articles

No abstract provided.