Digital Commons Network^™

The Bildisco Case And The Congressional Response, James J. White

Articles

Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

Articles

Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …

Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich

Articles

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam

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No abstract provided.

Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky

Articles

No abstract provided.

An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White

Articles

A good deal has been written over the past forty-odd years about the tax benefit rule. Over this period the federal courts have decided many cases in which its application has been at issue, and the law journals have published a small but steady stream of commentary on the rule and its manifestations. Last term, in Hillsboro National Bank v. Commissioner, the Supreme Court issued an opinion that focused squarely, and at some length, on the tax benefit rule. Despite this attention, relatively little has been done to examine the conceptual foundations of the tax benefit rule and to …

Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White

Articles

Aloha Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-585)

Hawaiian Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-566)

Argued October 4. 1983. Decided November 1, 1983

Frank R. Kennedy, James J. White

Articles

In an academic world thickly populated with persons of unlimited ego but of limited scholarly output, Frank Kennedy stands out as a remarkable exception. On the one hand he is the author of scholarly writings too numerous to recount; on the other he is a man of deep humility. A reader or listener soon learns he has strong views which he states with power and precision. Yet his humility is such that he will listen patiently to the most idiotic view of a colleague or student and will kindly help them find their way.

The Spirit Of God And The Saints Of God, Harold Willmington

Articles

No abstract provided.

Perpetuity Reform, Lawrence W. Waggoner

Articles

After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …

Explicit Pl Self-Knottings And The Structure Of Pl Homotopy Complex Projective Spaces, Douglas Meadows

Articles

We show that certain piecewise-linear homotopy complex projective spaces may be described as a union of smooth manifolds glued along their common boundaries. These boundaries are sphere bundles and the glueing homeomorphisms are piecewise-linear self-knottings on these bundles. Furthermore, we describe these self-knottings very explicitly and obtain information on the groups of concordance classes of such maps.

Analysis Of Two-Way Tables Of Data Using Median Polish, David L. Farnsworth, Patricia M. Burgess

Articles

The fitting procedure of median polish is explained and explored, especially with respect to outliers.

Performance Comparison Of Likelihood, Hard-Limited, And Linear Combining Receivers For Fh-Mfsk Mobile Radio--Base-To-Mobile Transmission, R. Viswanathan, S. C. Gupta

Articles

The performances of three receivers, namely, the hard-limited, the linear, and the maximum-likelihood combiners for the detection of frequency-hopped multilevel frequency-shift keyed signals transmitted from mobiles to base have been reported earlier [11]. Only the hard-limited combiner has been analyzed with respect to base-to-mobile link [1]. Here, we give new results on the performance of the likelihood and the linear combining receivers operating at the mobiles. Whereas it is possible to find exactly the union bound on the probability of hit error for a linear combiner, for a likelihood receiver, bounding and approximation techniques such as simple Chernoff bound and …

The Most Exciting Verse In The Bible, Harold Willmington

Articles

No abstract provided.

Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta

Articles

The effect of adjacent cell interference in cellular mobile system using FH-MFSK transmission is evaluated quantitatively. The performance of base to mobile communication in the system is analyzed, assuming perfect synchronization between users in all the cells. Analysis of the system employing no power control shows that the number of simultaneous users possible at average bit error probability P_b of less than 1 × 10^-3 is reduced greatly from the corresponding figure for the isolated cell (which is about 170). It is then shown that a simple power control strategy could reduce the adjacent cell interference significantly. A …

A Heat Pump Assisted Shower, Jim Mcgovern

Articles

An energy-efficient water-heating system for a shower is proposed consisting of a low-powered heat pump, a storage tank and an instantaneous heater which, it is felt, may yield a favourable overall cost, in addition to reducing the primary energy consumption. Some preliminary work has been carried out in exploring this concept. It was considered at the outset that an overall coefficient of performance (COP) of 2 should be readily achieved. Values close to this have been realised with the first experimental prototype.

The Two Universities Of Alaska, Anchorage, Jack O'Bar, Nancy Lesh, Pam Hunt, Kay Wilson

Articles

A brief historical sketch of the University of Alaska, Anchorage and Anchorage Community College.

Relationism: Legal Theory For A Relational Society, Gidon A. G. Gottlieb

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No abstract provided.

Scholarly Books: What, To Whom And Why, James J. White

Articles

A consideration of the role that the books reviewed in this edition will play in the future of American legal thought has led me to speculate about the transmission of ideas into acts and about the role of books in that transmission. In certain arenas, tracing an idea from its origins to its ultimate application is straightforward. For example, the evolution of Germany's Schlieffen plan for invading France can be traced with little difficulty from the circumstances responsible for its birth, through years of refinement, to its eventual application in World War I. The development and acceptance of a medical …

Does God Heal Today?, Elmer L. Towns

Articles

No abstract provided.

Idaho Lawyers Evaluate The Court Of Appeals, Donald L. Burnett Jr.

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No abstract provided.

The Purpose Of The Local Church, Harold Willmington

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No abstract provided.

Idaho Lawyers Evaluate The Court Of Appeals, Donald L. Burnett Jr.

Articles

No abstract provided.

Planting New Churches, Elmer L. Towns

Articles

No abstract provided.

The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle

Articles

No abstract provided.

The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz

Articles

No abstract provided.

Bankruptcy And Probate Jurisdiction Before 1571, Richard H. Helmholz

Articles

No abstract provided.

Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird

Articles

No abstract provided.

Foreword, Gerhard Casper

Articles

No abstract provided.