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Choice Of Law In Contracts: Some Thoughts On The Weintraub Approach, Aaron Twerski Jun 1972

Choice Of Law In Contracts: Some Thoughts On The Weintraub Approach, Aaron Twerski

Faculty Scholarship

No abstract provided.


The Social Security-Workmen’S Compensation Offset In Practice, Arthur Larson Apr 1972

The Social Security-Workmen’S Compensation Offset In Practice, Arthur Larson

Faculty Scholarship

No abstract provided.


Variable Rental Provisions In Long Term Ground Leases, Neil S. Hecht Apr 1972

Variable Rental Provisions In Long Term Ground Leases, Neil S. Hecht

Faculty Scholarship

Rockefeller Plaza, Madison Square Garden, the Pan Am Building, the Waldorf-Astoria, the New York Hilton, the Washbridge apartment development, and numerous cooperative residential, and office buildings are modem monuments to the vitality, flexibility, and utility of the long term ground lease. The long term ground lease is primarily an urban financing and investment vehicle that enables a lessor to convey land or air rights to a lessee who undertakes to develop the property through new construction or substantial improvements. As such, this device comprises relationships that embrace the criteria of time and function. In terms of time, common usage in …


Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld Apr 1972

Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld

Faculty Scholarship

It is increasingly common to find families composed of husband, wife and young children, where both husband and wife are gainfully employed. For some, this pattern is regarded as preferable to the older "ideal" family, where the husband was the sole breadwinner and the wife cared for the children, performed household chores and perhaps engaged in social or charitable activities. Where both spouses are gainfully employed, it is often necessary for the family to employ household help to care for the children and do the housework. These expenditures are "necessary" to the gainful employment of both spouses in the sense …


Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen Mar 1972

Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen

Faculty Scholarship

No abstract provided.


Logic And Coercion In Bentham's Theory Of Law, David B. Lyons Feb 1972

Logic And Coercion In Bentham's Theory Of Law, David B. Lyons

Faculty Scholarship

Unlike conventional moral standards and other social rules, laws can be deliberately laid down and changed by specified procedures. It therefore seems reasonable to think of laws as issuing from or adopted by lawmakers who are ordinary human beings. Since laws tell us what must or must not be done, and since there is some temptation to understand all laws on the same pattern, it is natural to think of them as either commands or prohibitions. This is indeed a traditional view.


The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen Jan 1972

The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen

Faculty Scholarship

No abstract provided.


Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen Jan 1972

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

Faculty Scholarship

No abstract provided.


Bias Impeachment And The Proposed Federal Rules Of Evidence, John R. Schmertz, Karen Czapanskiy Jan 1972

Bias Impeachment And The Proposed Federal Rules Of Evidence, John R. Schmertz, Karen Czapanskiy

Faculty Scholarship

In the fall of 1971 the Supreme Court's Advisory Committee presented to the Court the Proposed Federal Rules of Evidence. The Committee failed to include a rule on impeachment by bias, interest, or prejudice. In failing to include such a rule, the Committee bypassed the opportunity to reconcile a conflict over both the content and methodology of this form of impeachment. The authors, in an attempt to show the need for a rule dealing with bias impeachment, analyze the present decisional conflict in this area. They conclude by proposing a rule designed to add some uniformity to this highly persuasive …


The Enforcement Of Federal Standards In Grant-In Aid Programs: Suggestions For Beneficiary Involvement, Edward A. Tomlinson Jan 1972

The Enforcement Of Federal Standards In Grant-In Aid Programs: Suggestions For Beneficiary Involvement, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson Jan 1972

Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.


The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson Jan 1972

The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.


On Egalitarian Overzeal: A Polemic Against The Local School Property Tax Cases, Paul D. Carrington Jan 1972

On Egalitarian Overzeal: A Polemic Against The Local School Property Tax Cases, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Fraud Is In The Eyes Of The Beholder: Rule 10b-5’S Application To Acts Of Corporate Mismanagement, James D. Cox Jan 1972

Fraud Is In The Eyes Of The Beholder: Rule 10b-5’S Application To Acts Of Corporate Mismanagement, James D. Cox

Faculty Scholarship

No abstract provided.


The New Confrontation—Hearsay Dilemma, Frank T. Read Jan 1972

The New Confrontation—Hearsay Dilemma, Frank T. Read

Faculty Scholarship

No abstract provided.


Changing Concepts Of Private Property, Bertel M. Sparks Jan 1972

Changing Concepts Of Private Property, Bertel M. Sparks

Faculty Scholarship

No abstract provided.


First Two Volumes Of Holmes Devise History Of The United States Supreme Court Are Published, George C. Christie Jan 1972

First Two Volumes Of Holmes Devise History Of The United States Supreme Court Are Published, George C. Christie

Faculty Scholarship

Article focuses on review of the first volume of the Holmes Devise History, Julius Goebel, Jr., Antecedents and Beginnings to 1801 (1971)


Continuing Education For Law Librarians: A Panel, Geoffrey C. Hazard Jr. Jan 1972

Continuing Education For Law Librarians: A Panel, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Court Finance And Unitary Budgeting, Geoffrey C. Hazard Jr., Martin B. Mcnamara, Irwin F. Sentilles Iii Jan 1972

Court Finance And Unitary Budgeting, Geoffrey C. Hazard Jr., Martin B. Mcnamara, Irwin F. Sentilles Iii

Faculty Scholarship

No abstract provided.


Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin Jan 1972

Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


San Francisco Criminal Justice Project, Gordon Van Kessel, Richard B. Morris Jan 1972

San Francisco Criminal Justice Project, Gordon Van Kessel, Richard B. Morris

Faculty Scholarship

No abstract provided.


Interdisciplinary Courses And Programs In Law And Social Work–A Survey, Geoffrey C. Hazard Jr. Jan 1972

Interdisciplinary Courses And Programs In Law And Social Work–A Survey, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


1971 Annual Survey Of Michigan Law: Contracts, Kevin H. Tierney Jan 1972

1971 Annual Survey Of Michigan Law: Contracts, Kevin H. Tierney

Faculty Scholarship

No abstract provided.


The Structure Of The Securities Market–Past And Future, William K.S. Wang, Thomas A. Russo Jan 1972

The Structure Of The Securities Market–Past And Future, William K.S. Wang, Thomas A. Russo

Faculty Scholarship

No abstract provided.


Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison Jan 1972

Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison

Faculty Scholarship

Review of recent cases (1970-1972) concerning divorce proceedings, family support, paternity proceedings, child custody, adoptions, juvenile delinqueny (PINS), and child protective proceedings.


Government Surveillance And Individual Freedom: A Proposed Statutory Response To Laird V. Tatum And The Broader Problem Of Government Surveillance Of The Individual, George C. Christie Jan 1972

Government Surveillance And Individual Freedom: A Proposed Statutory Response To Laird V. Tatum And The Broader Problem Of Government Surveillance Of The Individual, George C. Christie

Faculty Scholarship

The term "surveillance" has taken on symbolic significance in our times. To those who shout "law and order" and decry the pampering of criminal defendants, surveillance is viewed as an essential law enforcement tool. To those who stress the protection of individual freeddoms and point to the embattled position of a criminal defendant struggling against the monolithic forces of the state, surveillance is cast as an ugly instrument of repression. Of course, when considered in the abstract, both of these are the extreme positions, and the Congress had at least attempted to define approptiate legal paramaters for the use of …


Reflections On The Tax Legislative Process: Prelude To Reform, Michael J. Graetz Jan 1972

Reflections On The Tax Legislative Process: Prelude To Reform, Michael J. Graetz

Faculty Scholarship

Tax reform is one of those motherhood issues-everybody's for it. Election year 1972 generated many far-reaching tax reform proposals which, if enacted, would have a profound impact on virtually every segment of American society. Senator McGovern recommended taxing capital gains at the same rates as ordinary income, eliminating almost $7 billion granted to businesses by reducing the investment tax credit and depreciation allowances, and offering state and local governments a 50 percent interest subsidy to encourage them to issue taxable, rather than tax-exempt, bonds. In addition, he proposed eliminating the percentage depletion allowance and the deduction for intangible drilling expenses …


Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski Jan 1972

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …


Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk Jan 1972

Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk

Faculty Scholarship

No abstract provided.


Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent Jan 1972

Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent

Faculty Scholarship

No abstract provided.