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William & Mary Law School

2000

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Articles 1 - 30 of 209

Full-Text Articles in Law

Taxation Of Distributions: Distributions From Partnerships And Limited Liability Companies, David W. Larue Dec 2000

Taxation Of Distributions: Distributions From Partnerships And Limited Liability Companies, David W. Larue

William & Mary Annual Tax Conference

No abstract provided.


"Tax Library" Resources For The Small To Medium Sized Cpa Or Law Firm - Roundtable Discussion, Michael L. Layman, Timothy H. Guare, J. Patrick Budd, Gregory W. Geisert Dec 2000

"Tax Library" Resources For The Small To Medium Sized Cpa Or Law Firm - Roundtable Discussion, Michael L. Layman, Timothy H. Guare, J. Patrick Budd, Gregory W. Geisert

William & Mary Annual Tax Conference

No abstract provided.


Wealth Preservation With Asset Protection Trusts, Gideon Rothschild Dec 2000

Wealth Preservation With Asset Protection Trusts, Gideon Rothschild

William & Mary Annual Tax Conference

No abstract provided.


The Conflict Between Retirement Planning And Estate Planning: Integrated Qualified-Plan Distributions And Retirement Planning, Bruce J. Temkin Dec 2000

The Conflict Between Retirement Planning And Estate Planning: Integrated Qualified-Plan Distributions And Retirement Planning, Bruce J. Temkin

William & Mary Annual Tax Conference

No abstract provided.


Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources Dec 2000

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources

William & Mary Annual Tax Conference

No abstract provided.


Investing For After-Tax Returns: An Overview, Anne B. Shumadine Dec 2000

Investing For After-Tax Returns: An Overview, Anne B. Shumadine

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard, Martin J. Mcmahon Jr. Dec 2000

Recent Developments In Federal Income Taxation, Ira B. Shepard, Martin J. Mcmahon Jr.

William & Mary Annual Tax Conference

No abstract provided.


State Challenges To Related Party Transactions, D. French Slaughter Iii Dec 2000

State Challenges To Related Party Transactions, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia, William L.S. Rowe Dec 2000

Recent Tax Developments In Virginia, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Valuations In The Business Setting, Harold G. Martin Jr. Dec 2000

Valuations In The Business Setting, Harold G. Martin Jr.

William & Mary Annual Tax Conference

No abstract provided.


Abandoned And Unclaimed Property: Legislative Update In Virginia, Robert G. Mcelroy Dec 2000

Abandoned And Unclaimed Property: Legislative Update In Virginia, Robert G. Mcelroy

William & Mary Annual Tax Conference

No abstract provided.


Who Spilled Coke On My Laptop?, D. French Slaughter Iii Dec 2000

Who Spilled Coke On My Laptop?, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Enterprise Risk Management: Realizing Profit From Risk, Raymond M. Slabaugh Dec 2000

Enterprise Risk Management: Realizing Profit From Risk, Raymond M. Slabaugh

William & Mary Annual Tax Conference

No abstract provided.


Abandoned/Unclaimed Property Liability: Legal Aspects And Planning Opportunities, Jack Gaggini Dec 2000

Abandoned/Unclaimed Property Liability: Legal Aspects And Planning Opportunities, Jack Gaggini

William & Mary Annual Tax Conference

No abstract provided.


Valuations In The Business Setting: International Glossary Of Business Valuation Terms Dec 2000

Valuations In The Business Setting: International Glossary Of Business Valuation Terms

William & Mary Annual Tax Conference

No abstract provided.


Valuations In The Business Setting: Exhibits Dec 2000

Valuations In The Business Setting: Exhibits

William & Mary Annual Tax Conference

No abstract provided.


The Evoloving Nature Of Tax Practice, Stefan F. Tucker Dec 2000

The Evoloving Nature Of Tax Practice, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Islam And The Death Penalty, William A. Schabas Dec 2000

Islam And The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …


The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga Dec 2000

The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga

William & Mary Bill of Rights Journal

The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …


Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro Dec 2000

Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro

William & Mary Environmental Law and Policy Review

No abstract provided.


Religious Organizations And The Death Penalty, Robert F. Drinan Dec 2000

Religious Organizations And The Death Penalty, Robert F. Drinan

William & Mary Bill of Rights Journal

Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.


God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Dec 2000

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

William & Mary Bill of Rights Journal

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …


Religious Neutrality And The Death Penalty, Arnold H. Loewy Dec 2000

Religious Neutrality And The Death Penalty, Arnold H. Loewy

William & Mary Bill of Rights Journal

Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror's religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts'general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited.


The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet Dec 2000

The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet

William & Mary Bill of Rights Journal

In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …


Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr. Dec 2000

Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.

William & Mary Bill of Rights Journal

The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …


Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser Dec 2000

Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser

William & Mary Bill of Rights Journal

In Baker v. State, the Vermont Supreme Court held that the state constitution required same-sex couples be afforded the same benefits and protections that married couples receive. While the state did not need to recognize same-sex marriage, at the very least, it needed to create a parallel system providing equal benefits. Professor Mark Strasser argues that a civil union alternative ultimately would not meet the court's requirements because it cannot possibly provide this requisite equality. His central concern is the differing treatment that same-sex marriage and domestic partnerships receive from other states. Additionally, Professor Strasser notes that such a system …


Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey Dec 2000

Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey

William & Mary Bill of Rights Journal

No abstract provided.


Religious Conservatives And The Death Penalty, Thomas C. Berg Dec 2000

Religious Conservatives And The Death Penalty, Thomas C. Berg

William & Mary Bill of Rights Journal

With the increased fervor surrounding the death penalty, many religious sects have re-examined their position on this issue. New statistics concerning possible discrimination in the application of the death penalty prompted several religious groups to call for a moratorium on the death penalty. In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty. In this section, Professor Berg concludes that critics of the death penalty can …


Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson Dec 2000

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

William & Mary Bill of Rights Journal

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …


Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook Dec 2000

Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook

William & Mary Bill of Rights Journal

In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …