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Articles 241 - 270 of 6808
Full-Text Articles in Law
Vol. 06, No. 03 (November 1995)
Provincialism In United States Courts , Patrick M. Mcfadden
Provincialism In United States Courts , Patrick M. Mcfadden
Cornell Law Review
No abstract provided.
Into Evidence , Steven Lubet
International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak
International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak
Cornell Law Review
No abstract provided.
Stalking The Enterprise Criminal: State Rico And The Liberal Interpretation Of The Enterprise Element , Jason D. Reichelt
Stalking The Enterprise Criminal: State Rico And The Liberal Interpretation Of The Enterprise Element , Jason D. Reichelt
Cornell Law Review
No abstract provided.
Vol. 16, No. 1, Fall 1995: Table Of Contents, Northern Illinois University Law Review
Vol. 16, No. 1, Fall 1995: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Retroactive Taxation: United States V. Carlton -- The Taxpayer Loses Again!, Ronald Z. Domsky
Retroactive Taxation: United States V. Carlton -- The Taxpayer Loses Again!, Ronald Z. Domsky
Northern Illinois University Law Review
Unlike criminal laws, the ex post facto constitutional protection does not extend to civil tax matters. Nor are the words "fairness" or "equity" found anywhere in the Internal Revenue Code. Even as this is written, Congress is debating major tax changes, some of which may be retroactive. Should taxpayers be required to plan their financial affairs always subject to pending tax legislation or legislation that hasn't even yet been proposed? The Carlton case is one of the most egregious examples of taxpayer abuse in this area.
Life Death And Public Policy , Larry I. Palmer
Life Death And Public Policy , Larry I. Palmer
Cornell Law Review
No abstract provided.
Dedication To Jane M.G. Foster , Peter W. Martin
Dedication To Jane M.G. Foster , Peter W. Martin
Cornell Law Review
No abstract provided.
Sneaking Around In The Legal Profession: Interjurisdictional Unauthorized Practice By Transactional Lawyers, Charles W. Wolfram
Sneaking Around In The Legal Profession: Interjurisdictional Unauthorized Practice By Transactional Lawyers, Charles W. Wolfram
Cornell Law Faculty Publications
The quiet clubbiness that once characterized the practice of law in the United States is rapidly disappearing as new realities announce their clamorous arrival. Evaporating at a great rate—judging speed of change in historical terms—are many traditionally accepted and functionally important features of the legal profession of another day. Disappearing or dead are such sturdy former fixtures as the exclusivity of traditional bar self-policing. Also gone is the at-one-time widely acknowledged hegemony of the American Bar Association as the exclusive source of lawyer code pronouncements on lawyer disciplinary regulation. Courts, under the thrall of bar associations, at one time claimed …
Bank Entry During The Antebellum Period, Andrew J. Economopoulos, Heather M. O'Neill
Bank Entry During The Antebellum Period, Andrew J. Economopoulos, Heather M. O'Neill
Business and Economics Faculty Publications
A recent study by Kenneth Ng (1988) challenges the view that free banking laws lowered barriers to entry. The authors' study examines bank entry and capital formation in free and nonfree banking states during the free banking period. A competitive model is developed and used to test if barriers were lowered in free banking states. The evidence indicates that entry significantly increased after the enactment of the free banking laws and that entry policy in nonfree banking states appeared to have been 'liberalized' when the free banking laws were enacted in other states.
The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao
Washington International Law Journal
October of 1995 marks the Republic of China's ("ROC") fiftieth anniversary of occupation in Taiwan. The ROC's impressive democratization in recent years follows a history of autocratic rule. Fear of government reprisal and a non-rights oriented neo-Confucian culture contributed to the people's slow assertion of their constitutional rights. Presently, the ROC's paradoxical international status raises important accountability issues. Though domestic courts now provide a more impartial forum for claims to be heard, international remedies are drastically limited should domestic ones fail. Expelled from the U.N. in 1971 and not officially recognized by most nation states, the ROC remains frightfully independent …
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Washington International Law Journal
This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which is …
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
Washington International Law Journal
In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by …
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Washington International Law Journal
The Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") came into force in 1975 as a mechanism for controlling the international trade of threatened and endangered wildlife. In recent years, the international community has become increasingly concerned about the trade of endangered species, particularly tiger and rhinoceros parts, for use in traditional oriental medicines. The market for traditional oriental medicine is growing and has become the main threat to tiger and rhinoceros populations in Asia. This Comment examines the efforts Asian states have undertaken to control the tiger and rhinoceros trade within their borders and …
In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim
Washington International Law Journal
Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure in Taiwan's enactment …
Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam
Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Public Choice, J. Mark Ramseyer
Public Choice, J. Mark Ramseyer
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Why Irac Should Be Igpac, Barbara P. Blumenfeld
Why Irac Should Be Igpac, Barbara P. Blumenfeld
Faculty Scholarship
While IRAC is generally a good organizational tool, I find that the R or rule part of this formulation is often unclear to students. Despite what they are taught in class, many want to see “rule” as a general premise only, forgetting that it must also include fact specific examples of how that general premise has been applied in the past. This failure leaves them without any precedent to which they can analogize the facts of their own case.
Newsletter Vol.23 No.4 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.23 No.4 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
In Memoriam: Justice Robert O. Staniforth, Valerie Leman
In Memoriam: Justice Robert O. Staniforth, Valerie Leman
San Diego Law Review
This is a dedication to Justice Robert O. Staniforth, who served as a justice of the Court of Appeal, Fourth District, Division One, for a decade. Even in retirement Justice Staniforth accepted numerous assignments to superior courts and courts of appeal, as well as private judging. He was most recently before his death a professor at the University of San Diego School of Law. This Article serves as a dedication to Justice Staniforth, and summarizes his achievements in the legal profession as well as his profound effect on people around him.
A Neglected Policy Option: Indemnification Of Directors For Amounts Paid To Settle Derivative Suits - Looking Past "Circularity" To Context And Reform, Mae Kuykendall
San Diego Law Review
This Article explores and analyzes the rationale both for and against allowing corporations to indemnify directors for amounts directors pay to settle derivative litigation. The author presents the case for permitting boards to settle cases by allowing a director to acknowledge liability, pay a sum of money to the corporation and receive its prompt return from the corporation. She argues that notwithstanding risks, indemnification of directors in derivative suits is not patently worse that current termination options. It yields more cheaply the same corporate recovery as a court dismissal.
Will California's "One Strike" Law Stop Sexual Predators, Or Is A Civil Commitment System Needed?, Peter A. Zamoyski
Will California's "One Strike" Law Stop Sexual Predators, Or Is A Civil Commitment System Needed?, Peter A. Zamoyski
San Diego Law Review
This Comment urges California and other jurisdictions to enact sexual predator laws to civilly commit dangerous, mentally ill sex offenders who are nearing release from prison and are a credible threat to re-offend. The author propounds a Model Sexual Predators Act, which is argued to be narrowly tailored to achieve the state goal, as required by the Constitution. The author also argues that this Model Act surmounts substantive and procedural due process concerns, increases the safety of the public, and safeguards the accused individual's interest in liberty.
Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint
Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint
San Diego Law Review
This Article develops a standard by which to judge the correctness of the ERISA federal common law rules. That standard requires the protection of participants' reasonable expectations. Using the plan interpretation rule as an example, this Article shows that the present court rules fail this "reasonable expectation" standard. This Article develops the proper plan interpretation rule as a rule that fosters the policies of ERISA, uses a lay understanding principle, allows extrinsic evidence to determine that understanding as well as resolve ambiguities, and employs a default principle of construing the plan in favor of participants.
Of Markets And Media: The First Amendment, The New Mass Media, And The Political Components Of Culture, Ashutosh Bhagwat
Of Markets And Media: The First Amendment, The New Mass Media, And The Political Components Of Culture, Ashutosh Bhagwat
North Carolina Law Review
No abstract provided.
Exacerbating The Exasperating: Title Vll Liability Of Employers For Sexual Harassment Comitted By Their Supervisors , David Benjamin Oppenheimer
Exacerbating The Exasperating: Title Vll Liability Of Employers For Sexual Harassment Comitted By Their Supervisors , David Benjamin Oppenheimer
Cornell Law Review
No abstract provided.
All Students Are Not Created Equal: The Inequitable Combination Of Property-Tax-Based School Finance Systems And Local Control, Erin E. Kelly
All Students Are Not Created Equal: The Inequitable Combination Of Property-Tax-Based School Finance Systems And Local Control, Erin E. Kelly
Duke Law Journal
No abstract provided.
Transcript—Panel Exchange The Fourth Annual Fritz B. Burns Lecture Central Bank: The Methodology, The Message, And The Future, Therese H. Maynard, Melvin Aron Eisenberg, Joseph A. Grundfest, Simon Lorne
Transcript—Panel Exchange The Fourth Annual Fritz B. Burns Lecture Central Bank: The Methodology, The Message, And The Future, Therese H. Maynard, Melvin Aron Eisenberg, Joseph A. Grundfest, Simon Lorne
Loyola of Los Angeles Law Review
No abstract provided.
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
Washington International Law Journal
Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the other …