Digital Commons Network^™

Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson

Articles

No abstract provided.

Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Report On Minority Accounting Graduates, Enrollment, And Public Accounting Professionals, 1996 : For Academic Year 1994-95, Gregory Johnson, Leticia R. Romeo

Association Sections, Divisions, Boards, Teams

No abstract provided.

401(K) Plan Practice Guide, American Institute Of Certified Public Accountants. Tax Division

Association Sections, Divisions, Boards, Teams

No abstract provided.

Communicating In Litigation Services : Reports : A Nonauthoritative Guide; Consulting Services Practice Aid, 96-3, American Institute Of Certified Public Accountants. Management Consulting Services Team

Association Sections, Divisions, Boards, Teams

No abstract provided.

Communicating The Results Of Consulting Services Engagements; Consulting Services Practice Aid, 96-2, American Institute Of Certified Public Accountants. Management Consulting Services Team; American Institute Of Certified Public Accountants. Mas Practice Standards And Administration Subcommittee

Association Sections, Divisions, Boards, Teams

No abstract provided.

Internal Control Issues In Derivatives Usage : An Information Tool For Considering The Coso Internal Control - Integrated Framework In Derivatives Applications, Committee Of Sponsoring Organizations Of The Treadway Commission;, Deloitte & Touche (Organization)

Association Sections, Divisions, Boards, Teams

No abstract provided.

Asb Meeting Minutes, 1996, December 17-18, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.

Survey Of Practitioner Attitudes Toward The Irs, American Institute Of Certified Public Accountants. Tax Division

Association Sections, Divisions, Boards, Teams

No abstract provided.

Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder

Articles

No abstract provided.

Directory Of Members Of The Division For Cpa Firms, As Of July 1, 1996, American Institute Of Certified Public Accountants. Private Companies Practice Section

Association Sections, Divisions, Boards, Teams

No abstract provided.

Firm-On-Firm Review Directory, January 1996, American Institute Of Certified Public Accountants. Division For Cpa Firms

Association Sections, Divisions, Boards, Teams

No abstract provided.

Local Government And The New York State Constitution, Richard Briffault

Faculty Scholarship

On November 4, 1997, the question "Shall there be a convention to revise the [state] constitution and amend the same?" will be submitted to the New York state electorate pursuant to the provision in the state constitution requiring that every twenty years the voters be given the opportunity to call for a constitutional convention. A longstanding constitutional concern in New York is local government and the relations between local governments and the State. With an eye to the upcoming vote on whether to hold a constitutional convention, this paper examines the place of local government and state-local relations in the …

Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg

Faculty Scholarship

Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.

There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …

John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi

Faculty Scholarship

The traditional liberal argument for free speech is now under fire from several directions. Critics from the left, the center, and the right find simplistic the claim that unregulated expression promotes the search for truth, the protection of self-government, the autonomy of individuals, and the control of concentrated power. Even if free speech does serve these values to a considerable degree, there are costs associated with liberty, costs the critics say are not sufficiently recognized in the standard liberal accounts.

As a general matter, but especially regarding the freedom of speech, liberalism is seen as too doctrinaire, too optimistic about …

Annie Wood: A Portrait, Jo Ann Mervis Hofheimer

Institute for the Humanities Theses

In 1871, Anna Cogswell Wood and Irene Kirke Leache founded a school for girls in Norfolk, Virginia which had a profound influence on the community. The Leache-Wood Seminary became Norfolk's center for cultural pursuits. After the death of Irene Leache in 1900, Annie Wood established a memorial to perpetuate her friend's interest in literature, music, art, drama, and spiritual studies. Wood began a number of cultural programs which grew to shape the cultural life of the town in remarkable ways, leading directly to the Virginia Symphony, the Norfolk Little Theater, the Irene Leache Memorial, the Norfolk Society of Arts, and …

Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman

Cardozo Law Review

This Article examines whether legal motherhood should be based on the preconception intentions of the two women who contribute a reproduction function, on genetic contribution, or on gestation. After assessing the costs and benefits that the various rules generate, the Article recommends that intent should be the determinative factor, but only if a system of rules is in place to protect against overreaching in surrogacy agreements. Otherwise, motherhood should be based on gestation alone.

No Leg To Stand On: The General Retainer Exception To The Ban On Nonrefundable Retainers Must Fall, Pamela S. Kunen

Cardozo Law Review

Part I of this Note reviews various attorney-client fee arrangements, with particular attention to forms of retainers. Part II traces the development of the rule banning nonrefundable retainers and of the so-called general retainer exception to this rule. Part III examines the general retainer first in terms of its two conventional but conflicting views-as an ordinary business agreement versus an attorney-client contract-and then pursues a deeper historical and descriptive examination of the device than is reflected in either conventional view. Because that examination leads to the conclusion that general retainers are attorney-client agreements, part IV scrutinizes them as such and …

Rethinking A Corporation’S Obligations To Creditors, Steven L. Schwarcz

Cardozo Law Review

No single body of law presently governs a corporation's obligations to creditors. However, disparate laws, starting from different perspectives, contribute to a patchwork of obligations that is poorly understood. Consequently, corporate directors have little guidance when balancing creditor and shareholder rights under corporate restructurings, securitizations, and leveraged transactions.

Commentators who have grappled with this issue focus almost exclusively on the fiduciary duty of a corporation's board of directors to shareholders. Some argue that only shareholders should be entitled to the duty; others argue that the duty should be extended to creditors under various circumstances. This Article maintains that both approaches …

Volume 19, No. 4

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Douglas A. Isbister, Linda E. Klaamas, Kenneth P. Serné

Photography: David Swayze

Production Editor: Kevin Kimmis

The Future Of The Private Securities Litigation Reform Act: Or, Why The Fat Lady Has Not Yet Sung, John C. Coffee Jr.

Faculty Scholarship

Much commentary about securities litigation shares the implicit premise that the Private Securities Litigation Reform Act of 1995 (Reform Act) is, for better or worse, a fait accompli – that is, legislation whose meaning is fixed and whose impact, while still debatable, is not contingent on future events. This Article sees it differently: the Reform Act is more like wet clay that has been shaped into an approximation of a human form by an apprentice craftsmen and has now been turned over to the master sculptor for the details that will spell the difference between high art and merely competent …

The Roles Of The State And The Market In Establishing Property Rights, Andrzej Rapaczynski

Faculty Scholarship

Using the experiences of Eastern Europe as an example, this article argues that, contrary to the economists' assumption that property rights are a precondition of a market economy, market institutions are often a prerequisite for a viable private property regime. Progress in the development of complex property rights in Eastern Europe, thus, cannot be expected to come primarily from a perfection of the legal system. Instead, it is more likely to arise as a market response to the demand for property rights. Indeed, legal entitlements can only be expected to become effective against a background of self-enforcing market mechanisms.

The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan

Faculty Scholarship

In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …

Changing Times: The Apa At Fifty, Peter L. Strauss

Faculty Scholarship

In early October 1995, Walter Gellhorn helped to open a National Archives display commemorating the fiftieth birthday of the Administrative Procedure Act ("APA"). That Act had begun to take shape just prior to World War II, when Gellhorn had directed the Attorney General's Committee on Administrative Procedure. Created in response to a political spasm of legislative activity that produced a "reform" bill President Roosevelt vetoed, Gellhorn's committee engaged in a thorough and careful survey of administrative agencies and their procedures. In the end, the committee produced twenty-seven monographs describing the variety of decision-making processes employed by the agencies and a …

The First Shall Be Last: A Contextual Argument For Abandoning Temporal Rules Of Lien Priority, Ronald J. Mann

Faculty Scholarship

Within the academic circles of commercial law, secured credit is about as hot as a topic can get. For a good fifteen years, leading scholars have argued contentiously about the most fundamental questions concerning secured credit: not just about the policies that might justify the law's protection of secured creditors, but more fundamentally about the seemingly obvious question of why businesses and their creditors choose to grant collateral to secure their payment obligations. The extensive and inconclusive debate in the academic literature has not, however, undermined the confidence in secured credit exhibited by the law-reform institutions of the profession. Rather, …

What Does A White Woman Look Like? Racing And Erasing In Law, Katherine M. Franke

Faculty Scholarship

In significant ways, legal texts produce a narrative of national identity. They weave stories about who we are, what we are committed to, and what we expect of one another, individually and collectively. The concept of justiciability can be understood as a set of rules determining what stories courts are allowed to tell about who we are and who we can be. In this sense, Ronald Dworkin's account of judging as writing ongoing chapters in a chain novel provides a compelling conception of law as both describing where we have been and directing where we are going. If the salience …

Positivism And The Separation Of Law And Economics, Avery W. Katz

Faculty Scholarship

The modem field of law and economics – that is, the application of economic analysis to legal subjects other than trade and business regulation – is now over thirty years old, but it remains controversial in the legal academy and, to a lesser extent, in the profession at large. Since its beginnings in the early 1960s, the economic approach has provoked substantial opposition and antagonism. The sources of this resistance, however, are a matter of dispute. Many economists and economically influenced lawyers attribute it to more traditional lawyers' reluctance to learn a new and unfamiliar set of concepts and techniques. …

Bargaining About Future Jeopardy, Daniel Richman

Faculty Scholarship

The debate about how much protection criminal defendants should have against successive prosecutions has generally been conducted in the context of how to interpret the Double Jeopardy Clause. The doctrinal focus of this debate ignores the fact that for the huge majority of defendants – those who plead guilty instead of standing trial – the Double Jeopardy Clause simply sets a default rule, establishing a minimum level of protection when defendants choose not to bargain about the possibility of future charges. In this Article, Professor Richman examines the world that exists in the shadow of minimalist double jeopardy doctrine, exploring …

Corporate Governance And Economic Efficiency: When Do Institutions Matter?, Ronald J. Gilson

Faculty Scholarship

Until the 1980s, corporate governance was largely the province of lawyers. It was a world of specific rules – more or less precise statutory requirements governing shareholder meetings, the election of directors, notice requirements and the like – that were essentially unrelated to what corporations actually do. From this perspective, the corporation's productive activity was simply a black box onto which standard governance structures were superimposed with little effect on what took place within. Corporate law was "trivial" or, as Bayless Manning so evocatively portrayed it, simply "great empty corporation statutes – towering skyscrapers of rusted girders internally welded together …