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Articles 541 - 569 of 569

Full-Text Articles in Law

Dept. Of Labor Increases Union Financial Reporting Requirements, Daniel Lyons Feb 2004

Dept. Of Labor Increases Union Financial Reporting Requirements, Daniel Lyons

Daniel Lyons

No abstract provided.

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Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee Dec 2003

Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article considers the extent to which civil and criminal law in Singapore deters the unlawful removal of cultural objects from the possession of private owners, art galleries and museums, or from archaeological sites, and provides redress to victims. Given Singapore's position as the crossroads of Asia, the law must be able to cope with the flow of objects in and out of the country. The law is currently deficient as it is not tailored to deal with issues concerning cultural heritage, and needs to be reformed in several respects. There are sound reasons for a modern State like Singapore …

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Association Of American Law Schools Conference: Transcript Of The Sections On Natural Resources In Atlanta, Georgia, Barlow F. Burke Dec 2003

Association Of American Law Schools Conference: Transcript Of The Sections On Natural Resources In Atlanta, Georgia, Barlow F. Burke

Barlow F. Burke

At the end of August 2003, representatives of Alabama, Florida, and Georgia ceased negotiating over a water apportionment formula for an interstate compact governing the Apalachicola-Chattahoochee-Flint ("ACF') River Basin ("the Basin" or "the River Basin"). The negotiations began in 1998 after the states stepped back from ongoing litigation. They ended with the probability of future litigation, which might involve the doctrine of equitable apportionment in federal courts and could invoke the original jurisdiction of the United States Supreme Court. The negotiations were the meat of a litigation sandwich. A panel discussed the reasons for the negotiations' failure at the meeting …

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Managing Assets: The Oklahoma Uniform Principal And Income Act, Katheleen Guzman, Mark Gillett Dec 2002

Managing Assets: The Oklahoma Uniform Principal And Income Act, Katheleen Guzman, Mark Gillett

Katheleen R. Guzman

No abstract provided.

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State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar Dec 2002

State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar

Joyce Palomar

No abstract provided.

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Managing Assets: The Oklahoma Uniform Principal And Income Act, Katheleen R. Guzman, Mark R. Gillett Dec 2002

Managing Assets: The Oklahoma Uniform Principal And Income Act, Katheleen R. Guzman, Mark R. Gillett

Mark R Gillett

No abstract provided.

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State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …

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Land Tenure Security As A Market Stimulator In China, Joyce Palomar Dec 2001

Land Tenure Security As A Market Stimulator In China, Joyce Palomar

Joyce Palomar

No abstract provided.

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Releasing The Expectancy, Katheleen R. Guzman Dec 2001

Releasing The Expectancy, Katheleen R. Guzman

Katheleen R. Guzman

No abstract provided.

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September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer Dec 2001

September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer

Nancy J. Knauer

The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …

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Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan Dec 2001

Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Erin Ryan

Municipal land use bargaining may imply as many problems as it heralds promise, but it is widely acknowleged as the universal language of land use planning. Planners and scholars agree that public-private negotiation plays a central role in the vast majority of local land use decision-making. At least in part, this is a result of the peculiar attributes of the resource at issue. Land is, perhaps, the ultimate nonfungible. Each parcel of land possesses unique characteristics not only in its physical attributes, but also by virtue of its location, and its proximity to other unique parcels. Moreover, land uses implicate …

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Sati, Louise Harmon Dec 2000

Sati, Louise Harmon

Louise Harmon

No abstract provided.

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Essay: What Price Paternity, Katheleen R. Guzman Dec 1999

Essay: What Price Paternity, Katheleen R. Guzman

Katheleen R. Guzman

No abstract provided.

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The Harvest, Louise Harmon Dec 1999

The Harvest, Louise Harmon

Louise Harmon

No abstract provided.

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Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu Dec 1998

Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu

Joseph P. Liu

The process of crafting and promulgating technical standards for the internet is often hailed as a prime example of how coordinated activity can take place on a distributed network with little central authority or formal “law.”  Often overlooked, however, is the fact that the internet’s technical standard-setting process rests on a number of highly contingent assumptions, assumptions that do not apply in other areas of internet governance.  This paper explores the limits of this dominant standard-setting approach to internet coordination, using the current controversy over internet domain names as a case study.  Such a case study reveals that existing attempts …

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The War Between Attorneys And Lay Conveyancers--Empirical Evidence Says 'Cease Fire', Joyce Palomar Dec 1998

The War Between Attorneys And Lay Conveyancers--Empirical Evidence Says 'Cease Fire', Joyce Palomar

Joyce Palomar

No abstract provided.

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The Three Economies: Rethinking The Connections Between Society, Ecology, And Money, Zygmunt J.B. Plater Dec 1997

The Three Economies: Rethinking The Connections Between Society, Ecology, And Money, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.

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Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff Dec 1997

Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff

Ray D. Madoff

In this Article, Professor Madoff explores the ways in which the blunt tools of the wealth tax, and in particular the estate tax, uses a one-size-fits-all system to impose a tax on all property interests owned at the time of one’s death. Professor Madoff illustrates the ways in which these blunt tools can produce problematic results by examining their application to the right of publicity, a newly recognized property interest. Professor Madoff suggests that the imposition of the estate tax can force the commodification of an individual’s identity, regardless of one’s desire to refrain from marketing their identity, and explores …

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"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan Dec 1997

"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan

Donald J. Kochan

This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it …

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Property, Progeny, Body Part: Assisted Reproduction And The Transfer Of Wealth, Katheleen Guzman Dec 1996

Property, Progeny, Body Part: Assisted Reproduction And The Transfer Of Wealth, Katheleen Guzman

Katheleen R. Guzman

No abstract provided.

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Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom E. Simmons Dec 1996

Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom E. Simmons

Thomas E. Simmons

No abstract provided.

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Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin Dec 1993

Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin

Zygmunt J.B. Plater

No abstract provided.

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Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu May 1993

Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu

Joseph P. Liu

This Note argues that trial judges should instruct jurors about the consequences of an insanity verdict, but that judges must strive to minimize the potentially prejudicial impact of such an instruction by explicitly instructing the jury not to consider this information in arriving at a verdict.

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Bank Control Of Title Insurance: Perils To The Public That Bank Regulators Have Ignored, Joyce Palomar Dec 1989

Bank Control Of Title Insurance: Perils To The Public That Bank Regulators Have Ignored, Joyce Palomar

Joyce Palomar

No abstract provided.

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Contracts For Deed In Oklahoma: Obsolete But Not Forgotten, Drew L. Kershen Dec 1989

Contracts For Deed In Oklahoma: Obsolete But Not Forgotten, Drew L. Kershen

Drew L. Kershen

No abstract provided.

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Title Insurance Companies' Liability For Failure To Search Title And Disclose Record Title, Joyce Palomar Dec 1985

Title Insurance Companies' Liability For Failure To Search Title And Disclose Record Title, Joyce Palomar

Joyce Palomar

No abstract provided.

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The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow F. Burke Dec 1975

The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow F. Burke

Barlow F. Burke

Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …

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The Change-Mistake Rule And Zoning In Maryland, Barlow F. Burke Dec 1975

The Change-Mistake Rule And Zoning In Maryland, Barlow F. Burke

Barlow F. Burke

INTRODUCTION: Zoning ordinances enacted under state enabling laws and home rule charters of municipalities are customarily entitled to a presumption that they were validly enacted, are within the powers delegated to the locality by the state, and are reasonable in effect. This presumption makes an exercise of the zoning power more easily defensible; one attacking the ordinance must show that it was passed incorrectly, or is beyond the scope of municipal authority, or is unreasonable, capricious or arbitrary in effect. Zoning officials have possessed this initial advantage in any litigation since the landmark decision of Village of Euclid v. Ambler …

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Governmental Intervention In Conveyancing Reform, Barlow F. Burke Dec 1972

Governmental Intervention In Conveyancing Reform, Barlow F. Burke

Barlow F. Burke

The Faculty of the Washington College of Law, American University, and the Editorial Board of its Law Review, are indeed pleased to publish this series of articles on the improvement of land title records. Interest in this topic currently runs high, but at the same time outdistances an understanding of the issues involved. These issues are both legal and, in the broader sense, institutional. Education of both the public and the legal profession is necessary, and so the Editors have assembled this series of articles, contributed by lawyers, title insurance executives, and concerned experts, on the possibilities for future changes …

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