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The Funding Of Children's Educational Costs, Douglas A. Kahn Jan 1985

The Funding Of Children's Educational Costs, Douglas A. Kahn

Articles

A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.


The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine Jan 1985

The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine

Articles

The most significant development in the whole field of labor law during the past decade was the growing willingness of the courts to modify the traditional doctrine of employment-at-will. Applying either tort or contract theory, or both, judges in some thirty jurisdictions declared their readiness to blunt the worst rigors of the rule that an employment contract of indefinite duration can be terminated by either party at any time for any reason. These dramatic breakthroughs evoked almost universal acclaim from disinterested commentators, primarily on the grounds of simple justice. Now we may be entering a new phase of consolidation, refinement, …


Travelers Checks, James J. White Jan 1985

Travelers Checks, James J. White

Articles

A. Travelers Checks Defined 1. Courts have variously described travelers checks as certificates of deposit, negotiable instruments, securities, cash, and cashier's checks. 2. The most persuasive analysis seems to treat travelers checks as cashier's checks on which the issuer is both the drawer and the drawee, the purchaser once he has countersigned is the payee, and both the purchaser and the next recipient are indorsers.


How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White Jan 1985

How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White

Articles

My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate pur­poses and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.


Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White Jan 1985

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

Articles

In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …


Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed Jan 1985

Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed

Articles

One who wants to know how the Multistate Bar Examination is created should begin by learning how the drafting committees work. My assignment is to describe the work of one of those committees: the Evidence Committee. Though there are differences among the six committees, they mostly are ones of style, and to learn how to operate in the evidence group is to understand the process generally.


On Endomorphism Algebras Of Mixed Modules, Brendan Goldsmith, B. Franzen Jan 1985

On Endomorphism Algebras Of Mixed Modules, Brendan Goldsmith, B. Franzen

Articles

No abstract available


Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam Jan 1985

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

Articles

No abstract provided.


The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette Jan 1985

The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette

Articles

"Technological optimism" is a term of art, an article of faith, and a theory of politics. It is a view that pervades modem attitudes, yet gets little explicit attention. For a brief period the situation was otherwise. In the early 1970s, the optimistic outlook figured prominently in an important debate about nothing less than the future of the world. Technological optimism won. The outcome was unsurprising, given the nature of the argument. On one side of the debate was a group of self-proclaimed Malthusians who foresaw an impending period of stark scarcity unless relatively drastic remedial steps were quickly taken; …


Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson Jan 1985

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.


Genesis: Book Of Firsts, Harold Willmington Dec 1984

Genesis: Book Of Firsts, Harold Willmington

Articles

No abstract provided.


The Greatest Proof Of All, Harold Willmington Nov 1984

The Greatest Proof Of All, Harold Willmington

Articles

No abstract provided.


Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White Nov 1984

Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White

Articles

No abstract provided.


Dissertation Abstracts: Performance Of Frequency-Hopping Spread-Spectrum Mobile Radio Systems, R. Viswanathan Nov 1984

Dissertation Abstracts: Performance Of Frequency-Hopping Spread-Spectrum Mobile Radio Systems, R. Viswanathan

Articles

Dissertation Abstract for Ramanarayanan Viswanathan, “Performance of Frequency-Hopping Spread-Spectrum Mobile Radio Systems,” Ph.D., Department of Electrical Engineering, Southern Methodist University, Dallas, TX 75222, USA, May 1983. Advisor: S. C. Gupta.


Law & Society: Its Research, Richard O. Lempert Nov 1984

Law & Society: Its Research, Richard O. Lempert

Articles

Writing in 1968 on research in the then infant discipline of law and social science, Harry Kalven noted with some pride the growing body of book-length work in the area. While the "relevant" bookshelf in Kalven's office was "still well under five feet," there had for Kalven "been nothing like [these books] previously, and their existence mark[ed] a major change in the relationship of law and science." Today, when I look around my office, I see 11 relevant bookshelves, which is only a small fraction of what has been produced.


Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway Nov 1984

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …


The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg Oct 1984

The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg

Articles

Article by Wilfred Feinberg, Chief Judge of the United States Court of Appeals for the Second Circuit (1980–1988), regarding the history and duties of a chief judge of a court of appeals. Document includes handwritten notes and was originally published in the Fordham Law Review.


Introduction, Terrance Sandalow Oct 1984

Introduction, Terrance Sandalow

Articles

The articles that follow, initially presented in 1983 as the thirty-second series of Thomas M. Cooley Lectures, address a subject that has deep roots in the United States' history. Assurances that there would be constitutional protection of what are now called human rights-in the United States, they have more frequently been referred to as civil liberties and civil rights or individual rights and liberties-was a practical condition for the adoption of the Constitution. The belief that such guarantees are of vital importance in maintaining a society that is both free and just has over time become even more deeply embedded …


Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson Oct 1984

Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson

Articles

This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …


A Response To Fish And White, Richard H. Weisberg Oct 1984

A Response To Fish And White, Richard H. Weisberg

Articles

The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.


The Divine Purpose For The Writing Of The Old Testament, Harold Willmington Sep 1984

The Divine Purpose For The Writing Of The Old Testament, Harold Willmington

Articles

No abstract provided.


The Application Of The Conjugate Gradient Method To The Solution Of Transient Electromagnetic Scattering From Thin Wires, Sadasiva M. Rao, Tapan K. Sarkar, Sohail A. Dianat Sep 1984

The Application Of The Conjugate Gradient Method To The Solution Of Transient Electromagnetic Scattering From Thin Wires, Sadasiva M. Rao, Tapan K. Sarkar, Sohail A. Dianat

Articles

Previous approaches to the problem of computing scattering by conducting bodies have utilized the well-known marching-on-in-time solution procedures. However, these procedures are very dependent on discretization techniques and sometimes lead to instabilities as the time progresses. Moreover, the accuracy of the solution cannot be verified easily, and usually there is no error estimation. In this paper we describe the conjugate gradient method for solving transient problems. For this method, the time and space discretizations are independent of one another. The method has the advantage of a direct method as the solution is obtained in a finite number of steps and …


Lord Teach Us To Pray, Harold Willmington Aug 1984

Lord Teach Us To Pray, Harold Willmington

Articles

No abstract provided.


Book Reviews - Probability And Stochastic Processes For Engineers, R. Viswanathan Jul 1984

Book Reviews - Probability And Stochastic Processes For Engineers, R. Viswanathan

Articles

No abstract provided.


Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam Jul 1984

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

Articles

No abstract provided.


The Supreme Authority Of The Bible, Harold Willmington May 1984

The Supreme Authority Of The Bible, Harold Willmington

Articles

No abstract provided.


Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar Apr 1984

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'


The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway Apr 1984

The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway

Articles

A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this description of what it means to be a refugee. During a period of more than four centuries prior to 1920, there was little concern to delimit the scope …


Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile Apr 1984

Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile

Articles

The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.


Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg Apr 1984

Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg

Articles

The article explores the intersections of law and literature, focusing on the proceedings of a 1983 symposium that brought together scholars, practitioners, and literary critics to examine how legal themes and values are depicted in Southern literature, particularly in the works of William Faulkner. The symposium addressed three key areas: the depiction of lawyers and legal doctrine in literature, the exploration of human rights and values through literary perspectives, and the application of literary criticism to legal interpretation. By analyzing these themes, the article highlights the growing field of Law and Literature and its potential to enrich both legal and …