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Articles 4711 - 4740 of 5293
Full-Text Articles in Entire DC Network
The Dynamics Of State Protectionism: A Short Critique Of The Cts Decision, Thomas J. Bamonte
The Dynamics Of State Protectionism: A Short Critique Of The Cts Decision, Thomas J. Bamonte
Northern Illinois University Law Review
This Article argues that while political forces make protectionist anti-takeover legislation "inevitable," the judiciary, prior to the CTS decision, had used the Commerce Clause and other theories to correct any imbalances by upholding the overriding national interest in the preservation of open national markets. The Article concludes that Congress should take affirmative steps to preempt protectionist state legislation, and in the interim, the CTS decision should be read narrowly.
The Model State Control Share Act: The Best State Takeover Law Alternative, Evan M. Kjellenberg
The Model State Control Share Act: The Best State Takeover Law Alternative, Evan M. Kjellenberg
Northern Illinois University Law Review
This Article briefly looks at the different types of takeover legislation, including the new Delaware statute and the Indiana statute. The Article then presents the Model State Control Share Act and argues that the Model Act is the best alternative available. The Article further provides a breakdown of the major provisions of the Model Act which differ from the Indiana statute and thereby make the Model Act superior.
Justices Don't Own The Constitution, Bruce Ledewitz
Justices Don't Own The Constitution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
William & Mary Law Review
No abstract provided.
Interjurisdictional Certification And Choice Of Law, Ira Robbins
Interjurisdictional Certification And Choice Of Law, Ira Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Is The Death Penalty Good For Us?, Bruce Ledewitz
Is The Death Penalty Good For Us?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
William & Mary Law Review
No abstract provided.
U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid
U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid
William & Mary Law Review
No abstract provided.
Abusing Standing: Furthering The Conservative Agenda, David A. Domansky
Abusing Standing: Furthering The Conservative Agenda, David A. Domansky
William & Mary Law Review
No abstract provided.
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley
Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley
Scholarly Works
No abstract provided.
A Noble Ideal Whose Time Has Come, Penny White
Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons
Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons
Scholarly Works
No abstract provided.
Mexico On The Eve Of Salinas: The Laws And Policies Of Foreign Investment, Frances Schreiber
Mexico On The Eve Of Salinas: The Laws And Policies Of Foreign Investment, Frances Schreiber
St. Thomas Law Review
This article is designed (1) to provide a basic introduction to the relevant features of the legal system of Mexico, as well as its historical and socio-economic background, and (2) to analyze the political, economic, and social issues facing foreign investors at the start of the Salinas Administration.
Public Access To National Parks: The Case For Restraint, Anne Batchelor
Public Access To National Parks: The Case For Restraint, Anne Batchelor
St. Thomas Law Review
America's wondrous national parks, "enclaves of preservation adrift in a sea of development,"' are in danger of being "loved to death" in the 1980'S. As increasing numbers of city-weary Americans have flocked to the national parks, the National Park Service has struggled to balance the dual Congressional mandate of public access and park preservation set out in the National Park Service Organic Act of 1916. In recent years, however, overvisitation at national parks has drastically upset the delicate balance, imperiling unique ecosystems. Over 280 million visits were recorded at the 355 units of the national park system in 1984, and …
Capital Punishment: A Moral Dilemma, Eileen Weber
Capital Punishment: A Moral Dilemma, Eileen Weber
St. Thomas Law Review
Punishment by death has stirred controversy over the millennia of human existence. Recently, this country has debated whether a society in which the dignity of the individual is the supreme value can, without fundamental inconsistency, put the lives of some of its members to an untimely violent end. Only between 1967 and 1977 was there a moratorium on executions in the United States.1 Since death sentences were carried out again, a combined total of 101 persons have been executed, and, as of May 1, 1988, there were 2,048 convicted murderers on death row. Currently, only 14 states are without the …
An Overview Of Socialist Legality: From The Russkaia Pravda To Glasnost And Perestroika, Frank Negron
An Overview Of Socialist Legality: From The Russkaia Pravda To Glasnost And Perestroika, Frank Negron
St. Thomas Law Review
Socialist legality, according to the official Soviet view, is a principle which subjects the government of a socialist state to the rule of law. Skeptics, however, claim that the Communist Party continues to rule from above the law. The reality of the role of law in socialist society may lie between these extremes. The purpose of this paper is to describe the historical strains, the ideological influences, and the policies and perspectives that have shaped the concept of socialist legality as articulated by Soviet leaders throughout the history of the Soviet state.
Learning The Law Of Lawyering, Ronald D. Rotunda
Learning The Law Of Lawyering, Ronald D. Rotunda
Law Faculty News Articles, Editorials, and Blogs
No abstract provided.
A Practical Reference For Students, Parents, And District Employees For The Governing Of Sterling Middle School, Debra J. Lacy
A Practical Reference For Students, Parents, And District Employees For The Governing Of Sterling Middle School, Debra J. Lacy
All Graduate Projects
A study was conducted of several aspects of Washington State Law, including portions of the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), plus an in-depth study on search and seizure rights of the school. The search and seizure study was limited to locker searches by school personnel. The study primarily included relevant aspects of school attendance, bus behavior, corporal punishment, student discipline, student and school property, student dress, search and seizure, and first amendment issues (i.e., publications by students). From this study, an in-depth handbook was produced for use by school administrators and students of Sterling Middle …
A Test For Freedom: The Cuban Missile Crisis Revisited, Todd Cranshaw
A Test For Freedom: The Cuban Missile Crisis Revisited, Todd Cranshaw
St. Thomas Law Review
No abstract provided.
Discussion: The Classical Theory Of Law
Jurisprudential Responses To Legal Realism , Richard Posner
Jurisprudential Responses To Legal Realism , Richard Posner
Cornell Law Review
No abstract provided.
Jurisprudential Responses To Legal Realism , Charles Fried
Jurisprudential Responses To Legal Realism , Charles Fried
Cornell Law Review
No abstract provided.
Discussion: Jurisprudential Responses To Legal Realism
Discussion: Jurisprudential Responses To Legal Realism
Cornell Law Review
No abstract provided.
Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn
Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn
Articles & Book Chapters
There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Scholarly Works
Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …
Edna Louis Dunn Trust V. Commissioner: A Movement From The 5 Year Rule To The Device Clause Under Section 355, Delaine Frangos
Edna Louis Dunn Trust V. Commissioner: A Movement From The 5 Year Rule To The Device Clause Under Section 355, Delaine Frangos
Northern Illinois University Law Review
An examination of Dunn Trust v. Commissioner, wherein the Supreme Court refused to expand the 5-year rule of section 355 to encompass an indirect distribution. This narrow application of the 5-year rule shifts emphasis to the device clause, the more appropriate provision for evaluating sham separations.
Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody
Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody
Northern Illinois University Law Review
This Comment explores the modern development of the "regulatory takings" doctrine, and the analytical confusion which has resulted from the United States Supreme Court's current fifth amendment taking clause analysis. This Comment concludes that the analytical framework within which all the relevant inquiries can best be incorporated mandates the development of a modified substantive due process police power analysis for regulatory takings cases.
Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell
Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell
Northern Illinois University Law Review
This Comment examines the difficulties of certifying a defendant class under the Federal Rules of Civil Procedure 23(b)(2) and the various approaches courts have taken to certify, or refuse to certify, those defendant classes. This Comment concludes that under normal circumstances, the plain language of Rule 23(b)(2) precludes the certification of defendant classes. However, the Comment further concludes that under limited circumstances Rule 65(d) may be used by a plaintiff to obtain injunctive relief which will bind unnamed defendant parties.
Even A Tax Collector Should Have Some Heart: Equitable Relief For The Innocent Spouse Under I.R.C. § 6013(E), Timothy Philipps, L. Bradford Braford
Even A Tax Collector Should Have Some Heart: Equitable Relief For The Innocent Spouse Under I.R.C. § 6013(E), Timothy Philipps, L. Bradford Braford
Northern Illinois University Law Review
This Article examines I.R.C. § 6013(e). The provision is intended to protect an innocent spouse from tax liability where a joint return is filed by one spouse who understates or misstates the joint return's taxable income, through no fault of the innocent spouse. This Article concludes that certain changes in LR.C. § 6013(e) are necessary in order for this provision to provide the equitable relief which all innocent spouses should enjoy.