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2003

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Institution
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Articles 31 - 60 of 3773

Full-Text Articles in Law

Vol. 2, No. 01 (December 2003) Dec 2003

Vol. 2, No. 01 (December 2003)

Indiana Law Update

No abstract provided.


The 1998 Act And The Resources Link Between Tax Compliance And Tax Simplification, Steve R. Johnson Dec 2003

The 1998 Act And The Resources Link Between Tax Compliance And Tax Simplification, Steve R. Johnson

Scholarly Publications

Tax compliance sometimes is thought of as purely a matter of administration. But there are important connections between substance and procedure.' Both affect compliance. This article explores how simplification of the substantive tax law can improve compliance. The particular emphasis is on how simplification can liberate human and material resources for the IRS without which otherwise well conceived efforts to improve compliance are likely ultimately to fail.


Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati Dec 2003

Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.


Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov Dec 2003

Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov

Political Science Faculty Articles and Research

During the first year after a president has left office, the tone and topic of news media coverage can influence a legacy greatly. This study examines coverage of Bill Clinton during his first year out of office in the New York Times and on network news shows and compares this coverage to that of Ronald Reagan and George Bush during their first years out of office. We find that Clinton received substantially more news coverage during the first year out of office than did either Reagan or Bush, and that Clinton's coverage in the media was also more critical and …


U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh Dec 2003

U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh

LLM Theses and Essays

There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts …


Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson Dec 2003

Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson

Gastón Institute Publications

The 2000 U.S. Census brought confirmation of the increase of the Latino population and of the growing diversity of Latino national groups that now make this region their home. Latinos now number 428,729, a 55% increase over their numbers in 1990. In 30 years, the Latino population has increased six-fold, and from its initial concentrations in Springfield, Holyoke, and Boston its presence is now a fact across the Commonwealth.

Massachusetts Latinos are also showing increasing diversity, matching that of the Northeast region and exceeding that of the nation. At the national level, Mexicans have a dominance that dwarfs all other …


Legislating Morality: The Duty To The Tax System Reconsidered, Watson Dec 2003

Legislating Morality: The Duty To The Tax System Reconsidered, Watson

Scholarly Works

Four years ago, I presented a paper at a symposium on professionalism jointly sponsored by the University of Kansas Law School and the Kansas Bar Association. That paper espoused the view (contrary to what appears to be the popular view among tax scholars) that tax lawyers owe no special duty to the "tax system" other than to abide by the law and the applicable standards of professional conduct. During the four-year interim since my last visit to Kansas, however, we have witnessed the deleterious effect of the IRS Restructuring and Reform Act of 1998 (RRA '98) on IRS enforcement and …


Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick Dec 2003

Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick

Faculty Publications

The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and …


Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal, Joshua E. Kastenberg Dec 2003

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes Doe II under a multi-tiered rubric. The first tier involves analyzing whether the Ninth Circuit was correct in its jurisdictional interpretation. The second tier studies the extent to which the Ninth Circuit's use of international law expanded previously accepted usage by United States courts. For example, after reading Doe II, a question arises as to whether the Ninth Circuit created a "complete" universal jurisdiction for torts under the ATCA. The final tier, involves analyzing foreseen legal consequences. That is, does Doe II expand causes of action for foreign human rights violations because the decision reduces possible defenses …


Understanding Conflict In A Postmodern World, Scott H. Hughes Dec 2003

Understanding Conflict In A Postmodern World, Scott H. Hughes

Faculty Scholarship

This article looks at new theories about the nature and dynamics of human systems in conflict.


Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout Dec 2003

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout

Cornell Law Faculty Publications

This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees.

Part I reviews each hypothesis and concludes that each …


An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri Dec 2003

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.


Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati Dec 2003

Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati

Nevada Supreme Court Summaries

The sister of a manslaughter victim, on her mother’s behalf, brought an action against the felon, who wrote a book regarding the killing of the victim, seeking to recover the felon’s book proceeds under the Nevada “Son of Sam” law. The district court found the applicable Nevada statute to be unconstitutional and dismissed the plaintiff’s action. Plaintiff appealed.


The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu Dec 2003

The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu

Research Collection Yong Pung How School Of Law

By 2030, Singapore's elderly will make up a staggering 19% of the population. With such a large proportion of people becoming old, it is timely to pay some attention to the broad spectrum of legal issues surrounding elder. Several sociological and statistical studies have been done on the elderly Singapore, yet relatively little has been written on the law relating to them. Much of the present legislation which directly or indirectly addresses problems of the elderly in Singapore relate to their financial arrangements. Examples of these are provisions relating to withdrawal of Central Provident Fund (CPF) monies and the age …


Introduction To The Online Colorado Litigator's Handbook, Robert S. Anderson Dec 2003

Introduction To The Online Colorado Litigator's Handbook, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

The Litigator's Handbook includes surveys of district court judges throughout the state with detailed questions of each judge's preferences and proscriptions for practice and procedure; answers to some questions that attorneys want to know but may be afraid to ask; and commentary that indicates the court's general level of receptiveness to particular types of requests.


Vol. 25, No. 14 (December 1, 2003) Dec 2003

Vol. 25, No. 14 (December 1, 2003)

Indiana Law Annotated

No abstract provided.


Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast Dec 2003

Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

UF Law Faculty Publications

This Article presents more evidence of the inequality that persists in legal education for students. Based on a survey of University of Florida law students conducted in 2001, this study reaffirms the existence of differential experience and an inegalitarian culture in legal education. However, it also demonstrates the importance of diversity and the recognition by a significant majority of students of the value of race and gender pluralism. These competing findings provide a clear guide to the future direction of legal education.


Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin Dec 2003

Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin

UF Law Faculty Publications

The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …


Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin Dec 2003

Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin

UF Law Faculty Publications

This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.


Trust Law, Corporate Law, And Capital Market Efficiency, Robert H. Sitkoff Nov 2003

Trust Law, Corporate Law, And Capital Market Efficiency, Robert H. Sitkoff

Law & Economics Working Papers Archive: 2003-2009

In both the publicly-traded corporation and the private donative trust a crucial task is to minimize the agency costs that arise from the separation of risk-bearing and management. But where the law of corporate governance evolved in the shadow of capital-market checks on agency costs, trust governance did not. Thus, even more than that of close corporations, the law and study of private trusts offers an illuminating counterfactual -- a control, as it were -­ for a playful thought experiment about the importance of capital market efficiency to the law and study of public corporations. The animating idea for this …


Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan Nov 2003

Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.


Vol. 54, No. 7, November 25, 2003, University Of Michigan Law School Nov 2003

Vol. 54, No. 7, November 25, 2003, University Of Michigan Law School

Res Gestae

•Professor Points out Problems, Pitfalls of Police Profiling Practices •A Ticket to Ride, Straight to the Big House •Robert Rubin Welcomed at 2003 Dean's Special Lecture •New Student Group Takes Aim at School Policy, Federal Legislation •Treatment of JAG Corps Threatens Academic Freedom, Institutional Identity •Quick, Legal Ways to Earn Extra Holiday Cash •Your Brain on Drugs : How Not to Take Law School Exams •Of Earrings and Other Symbols: An Hour with Professor Sherman Clark •Transnational Law, Base-Jumping and Lederhosen- You Guessed it, Professor Mathias Reimann •Just in Time for Autumn: The Shins Chutes Too Narrow •What's in an …


Vol. 25, No. 13 (November 24, 2003) Nov 2003

Vol. 25, No. 13 (November 24, 2003)

Indiana Law Annotated

No abstract provided.


It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson Nov 2003

It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …


Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman Nov 2003

Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman

William & Mary Annual Tax Conference

No abstract provided.


The Like Kind Exchange: A Current Review, Stefan F. Tucker Nov 2003

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr. Nov 2003

Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr.

William & Mary Annual Tax Conference

No abstract provided.


Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell Nov 2003

Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell

William & Mary Annual Tax Conference

No abstract provided.


Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor Nov 2003

Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor

William & Mary Annual Tax Conference

No abstract provided.