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Articles 3991 - 4020 of 4035
Full-Text Articles in Law
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Missouri Law Review
Remarks from United States District Judge Nanette Laughrey during her investitute ceremony on September 27, 1996.
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Missouri Law Review
In October 1994, Congress approved the Bankruptcy Reform Act of 1994,' which revised various provisions of the United States Bankruptcy Code. The revisions included two amendments to the preference statute, 11 U.S.C. §547. Historically, a creditor generally could preserve from preference attack an otherwise voidable purchase money security interest if the creditor perfected its security interest no later than the tenth day after the debtor first possessed the collateral. After first discussing the basics of a preference attack on an Article Nine security interest, this article summarizes the leading cases that prompted Congress to amend 11 U.S.C. § 547(c)(3)(B), suggests …
Unlikely Pair: Equitable Construction And The Irc--Supreme Court Construes The Irc To Permit Third Party Standing To Challenge The Tax Collection Activities Of The Irs, An, Robert F. Epperson Jr.
Unlikely Pair: Equitable Construction And The Irc--Supreme Court Construes The Irc To Permit Third Party Standing To Challenge The Tax Collection Activities Of The Irs, An, Robert F. Epperson Jr.
Missouri Law Review
To bring suit against the Internal Revenue Service [hereinafter "Service"] a taxpayer must first cite an act of Congress which waives the Service's protection from lawsuits under the doctrine of sovereign immunity. 28 U.S.C. § 1346(a)(1) permits an individual to bring an action in the district courts for recovery of taxes alleged to have been wrongfully collected by the federal government. The scope of this section, unfortunately, is in dispute as to who has standing to challenge the collection activities of the Internal Revenue Service. As a general rule, citizens cannot challenge the tax liabilities of a third party There …
Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz
Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz
Missouri Law Review
Title VII of the Civil Rights Act of 19642 ("Title VII") prohibits employment discrimination Although no question exists that "employers" are liable for their discriminatory acts as well as for their agents' acts that occur within the scope of employment,4 a conflict exists among the federal circuits regarding whether Title VII's definition of "employer" also imposes individual liability upon the employer's agent. The Seventh Circuit answered this question for its circuit in Williams v. Banning.'
Miranda In Custody Determinations: Mixed Question Of Fact And Law, Avani S. Kherdekar
Miranda In Custody Determinations: Mixed Question Of Fact And Law, Avani S. Kherdekar
Missouri Law Review
This Note explores how the "in custody" determination was historically viewed and addresses the impact of the Court's holding that it is a "mixed" question of fact and law
Cumulative Subject Index For Volumes 59-61
A Primer On The Basics Of Directors' Duties In Delaware: The Rules Of The Game (Part Ii), Craig W. Palm, Mark A. Kearney
A Primer On The Basics Of Directors' Duties In Delaware: The Rules Of The Game (Part Ii), Craig W. Palm, Mark A. Kearney
Villanova Law Review
No abstract provided.
If The International Shoe Fits, Wear It: Applying Traditional Personal Jurisdiction Analysis To Cyberspace In Compuserve, Inc. V. Patterson, Daniel V. Logue
If The International Shoe Fits, Wear It: Applying Traditional Personal Jurisdiction Analysis To Cyberspace In Compuserve, Inc. V. Patterson, Daniel V. Logue
Villanova Law Review
No abstract provided.
Cigna Healthplan Of Louisiana, Inc. V. Louisiana: Unwilling To Save Louisiana's Any Willing Provider Statute From Erisa Preemption, Colleen C. Donnelly
Cigna Healthplan Of Louisiana, Inc. V. Louisiana: Unwilling To Save Louisiana's Any Willing Provider Statute From Erisa Preemption, Colleen C. Donnelly
Villanova Law Review
No abstract provided.
A Perry, Perry Poor Policy Promoting Prejudice Rebuked By The Reality Of The Romer Ruling: Thomasson V. Perry, Amy E. Pizzutillo
A Perry, Perry Poor Policy Promoting Prejudice Rebuked By The Reality Of The Romer Ruling: Thomasson V. Perry, Amy E. Pizzutillo
Villanova Law Review
No abstract provided.
Personal Reflections On Creation Of The Third Circuit Task Force On Equal Treatment In The Courts, Dolores K. Sloviter
Personal Reflections On Creation Of The Third Circuit Task Force On Equal Treatment In The Courts, Dolores K. Sloviter
Villanova Law Review
No abstract provided.
Constitutional Law - To Punish Or Not To Punish - That Is The Question - Taylor V. Cisneros: Addressing The Constitutional Prohibitions Against Civil Sanctions In The Third Circuit, Caroline J. Patterson
Constitutional Law - To Punish Or Not To Punish - That Is The Question - Taylor V. Cisneros: Addressing The Constitutional Prohibitions Against Civil Sanctions In The Third Circuit, Caroline J. Patterson
Villanova Law Review
No abstract provided.
Disability Law - Susquenita School District V. Raelee S., Pendent Placement And Financial Responsibility Under The Individuals With Disabilities Education Act: The Third Circuit's Extension Of Burlington, Christine Moyles Kovan
Disability Law - Susquenita School District V. Raelee S., Pendent Placement And Financial Responsibility Under The Individuals With Disabilities Education Act: The Third Circuit's Extension Of Burlington, Christine Moyles Kovan
Villanova Law Review
No abstract provided.
Estate Tax - Estate Of D'Ambrosio V. Commissioner: Reinterpretation Of Internal Revenue Code Section 2036(A) Nets Estate $330,000 In Tax Savings, Scott B. Connolly
Estate Tax - Estate Of D'Ambrosio V. Commissioner: Reinterpretation Of Internal Revenue Code Section 2036(A) Nets Estate $330,000 In Tax Savings, Scott B. Connolly
Villanova Law Review
No abstract provided.
Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar
Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar
Villanova Law Review
No abstract provided.
Report Of The Third Circuit Task Force On Equal Treatment In The Courts, Various Editors
Report Of The Third Circuit Task Force On Equal Treatment In The Courts, Various Editors
Villanova Law Review
No abstract provided.
The Past, Present, And Future Of Expressive Freedom Under The Charter, Jamie Cameron
The Past, Present, And Future Of Expressive Freedom Under The Charter, Jamie Cameron
Osgoode Hall Law Journal
More than ten years have passed since the Supreme Court of Canada's first interpretation of the Charter's guarantee of expressive freedom in RWDSU v. Dolphin Delivery. This review of the past, present, and future of expressive freedom under the Charter is in three parts. The first-dealing with the past-traces the evolution of a methodology of expressive freedom in the "first generation" of s. 2(b) jurisprudence. It is followed by an examination of the status of expressive freedom at present, through comments on recent Supreme Court landmarks in Dagenais v. Canadian Broadcasting Corp., Hill v. Church of Scientology of Toronto, and …
What's Law Got To Do With It?: The Protection Of Aboriginal Title In Canada, Patrick Macklem
What's Law Got To Do With It?: The Protection Of Aboriginal Title In Canada, Patrick Macklem
Osgoode Hall Law Journal
This essay presents and contrasts two narratives on the past and future of the law of Aboriginal title. The first narrative, drawn from the Final Report of the Royal Commission on Aboriginal Peoples, grounds the law of Aboriginal title in inter-societal norms that enabled the mutual coexistence of colonists and settlers in North America. It locates Aboriginal territorial dispossession in colonial policies and practices that failed to conform to the spirit of mutual coexistence, and calls on governments to provide Aboriginal people with lands and resources necessary for self-sufficiency. The counter-narrative describes the law of Aboriginal title as a relatively …
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Osgoode Hall Law Journal
The author examines recent cases that have transplanted the doctrine of legitimate expectations from British into Canadian law. He concludes that the doctrine has been applied in a confused way in this country, without proper consideration of its "fit" with the Canadian duty of fairness. He argues that the place of the doctrine should be to determine what fairness requires when statements or actions of a decisionmaker have led to a legitimate expectation. The suggestion that it should be an exception to the rule that legislative decisions do not attract the duty of fairness is rejected in favour of a …
Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler
Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler
Animal Law Review
Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.
Front Matter
Animal Law Review
Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 3, Issue 1.
Are Women Persons?, Drucilla Cornell
Are Women Persons?, Drucilla Cornell
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
On The "Necessary Suffering" Of Nonhuman Animals, Michael Allen Fox
On The "Necessary Suffering" Of Nonhuman Animals, Michael Allen Fox
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise
Thunder Without Rain: A Review/Commentary Of Rain Without Thunder: The Ideology Of The Animal Rights Movement, Steven M. Wise
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise
Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise
Animal Law Review
This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.
Animal Rights Theory And Utilitarianism: Relative Normative Guidance, Gary L. Francione
Animal Rights Theory And Utilitarianism: Relative Normative Guidance, Gary L. Francione
Animal Law Review
Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.
Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf
Slamming Shut The Ark Doors: Congress's Attack On The Listing Process Of The Endangered Species Act, Jeffrey S. Kopf
Animal Law Review
The 104th Congress legislated a complete moratorium on the listing of species and critical habitat under the Endangered Species Act. Mr. Kopf explores the motivations behind the moratorium and shows how market forces may further weaken the ESA. This article questions whether the moratorium and its subsequent repeal signal a new era of environmental awareness or a return to industry's discreet manipulation of the legislative process.
Airbag Products Liability Litigation: State Common Law Tort Claims Are Not Automatically Preempted By Federal Legislation , Stephen D. Lichtenstein, Gerald R. Ferrera
Airbag Products Liability Litigation: State Common Law Tort Claims Are Not Automatically Preempted By Federal Legislation , Stephen D. Lichtenstein, Gerald R. Ferrera
Cleveland State Law Review
This article addresses an important and recurring issue of federalism, and attempts to resolve the tensions that exist between federal and state laws in the context of recent automobile airbag litigation. The authors trace the evolution of the preemption doctrine as it relates to airbag litigation, and write further as to how manufacturers adapt, developing business and ethical strategies of compliance to concurrent state and federal regulation. Two recent important decisions involving no airbag litigation, Tebbetts v. Ford Motor Co. and Wilson v. Pleasant, are interpretive of two provisions of the Safety Act. The former case discussed a preemption clause, …
Virtual Borders - Some Legal-Geo-Philosophical Musings On Three Globally Significant Fragil Ecosystems Under United Nations' Agenda 21 , Robert F. Blomquist
Virtual Borders - Some Legal-Geo-Philosophical Musings On Three Globally Significant Fragil Ecosystems Under United Nations' Agenda 21 , Robert F. Blomquist
Cleveland State Law Review
The purpose of this article is to use the 1992 United Nations Conference on Environment and Development’s Agenda 21 discussion of globally significant fragile ecosystems as an imaginative launching point for some tentative explorations of what a recent Stanford Law Review Symposium terms "law and borders" studies. More specifically, I am interested in sketching and briefly analyzing what I call the "legal-geo-philosophical" characteristics of three examples of globally significant fragile ecosystems addressed in Agenda 21: (1) drylands, (2) mountains, and (3) coastal areas. The article's legal-geo-philosophical analysis, then, is an initial attempt to ponder some of the connections between law, …