Law Commons^™

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

All Faculty Scholarship

The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …

Alimony Treatment For A Single Payment, Douglas A. Kahn

Articles

Before 1942 alimony paid to a former spouse was not included in the spouse’s gross income. In 1942 Congress adopted the antecedent to section 71. Although an alimony recipient must recognize gross income, section 215 provides the payer with a nonitemized deduction for the payment. Therefore, the alimony tax provisions provide a congressionally approved income-splitting arrangement which can benefit the parties by shifting income from a high-bracket taxpayer to one in a lower tax bracket. The parties can divide the resulting savings between them by altering the amount paid to the former spouse.

Medical Malpractice Reform?, Robert B. Leflar

Robert B Leflar

Column 3 (of 5) on health reform: Medical malpractice reform proposals

Revenue And Taxation Legislative Summary - 2009, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS
Honorable Charles Calderon, Chair
Honorable Chuck DeVore, Vice Chair
Honorable Jim Beall
Honorable Joe Coto
Honorable Diane Harkey
Honorable Fiona Ma
Honorable Jim Nielsen
Honorable Anthony Portantino
Honorable Lori Saldana

STAFF
Oksana Jaffe, Chief Consultant
M. David Ruff: Principal Consultant
Christine Hiersche, Committee Secretary

Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko

Faculty Publications

On February 12, 2009, lawmakers in the U.S.House of Representatives introduced the "Arbitration Fairness Act of 2009. " This bill, if enacted, will invalidate any predispute arbitration agreement between an employer and its employee. Last year, the 110th Congress considered the narrower "Preservation of Civil Rights Protections Act of 2008, " which would have invalidated such predispute arbitration agreements if they required "arbitration of a dispute arising under" federal civil rights laws. This Article explores how best to structure any such invalidation of predispute employment arbitration agreements, both in light of the rationales for and against regulation of the employment …

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Health Bills: What's At The Core, Robert B. Leflar

Robert B Leflar

Column 2 (of 5) on the health reform debate: explanation of the legislation.

Health Care: Yellow Lights, Red Flags, Robert B. Leflar

Robert B Leflar

Column 1 (of 5) on the health reform debate

2009 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS:
Tom Ammiano, Chair
Juan Armabula, Chair
Jose Solorio, Chair
Curt Hagman, Vice Chair
Warren T. Furutani, Member
Danny Gilmore, Member
Hector De La Torre, Member
Jerry Hill, Member
Fiona Ma, Member

COMMITTEE STAFF:
Gregory Pagan, Chief Counsel
Kathleen Ragan, Counsel
Kimberly Horiuchi, Counsel
Nicole Hansen, Counsel
Gabriel Caswell, Counsel

Sue Highland, Committee Secretary
Elizabeth V. Potter, Committee Secretary

Uniform Law And Its Impact On National Laws Limits And Possibilities, James Maxeiner

All Faculty Scholarship

This report surveys uniform laws in federalism in the United States for synthesis in an international report comparing uniform laws in federal countries.

The Virginia Uniform Power Of Attorney Act, Andrew H. Hook, Lisa V. Johnson

University of Richmond Law Review

No abstract provided.

Corporate And Business Law, Laurence V. Parker

University of Richmond Law Review

No abstract provided.

To Boldly Go Where Only A Select Few Have Gone Before: Exploring The Commercial Space Launch Act And The Legal Risks Associated With Reaching For The Stars, Brent M. Timberlake

University of Richmond Law Review

No abstract provided.

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.

Bankruptcy Law, Hon. Douglas O. Tice Jr., Suzanne E. Wade, K. Elizabeth Sieg

University of Richmond Law Review

No abstract provided.

Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan

University of Richmond Law Review

No abstract provided.

Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry

University of Richmond Law Review

No abstract provided.

Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.

An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler

San Diego International Law Journal

This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.

How To Interpret Statutes - Or Not: Plain Meaning And Other Phantoms, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.

F09rs Sgb No. 7 (Commissioner Impeachment), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 5 (Election Code), Palermo, Hansen, Prestridge, Widenski

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 11 (Associate Justice Impeachment), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 14 (Amend Rules), Caffarel, Parker

Student Senate Enrolled Legislation

No abstract provided.