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Articles 18061 - 18090 of 20054
Full-Text Articles in Entire DC Network
The Funding Of Children's Educational Costs, Douglas A. Kahn
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
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
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
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
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
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
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
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
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
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
The Greatest Proof Of All, Harold Willmington
Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White
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
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
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
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
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
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
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
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
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
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
Book Reviews - Probability And Stochastic Processes For Engineers, R. Viswanathan
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
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
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
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
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
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 …