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Articles 1 - 30 of 71
Full-Text Articles in Law
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
Articles
A good deal has been written over the past forty-odd years about the tax benefit rule. Over this period the federal courts have decided many cases in which its application has been at issue, and the law journals have published a small but steady stream of commentary on the rule and its manifestations. Last term, in Hillsboro National Bank v. Commissioner, the Supreme Court issued an opinion that focused squarely, and at some length, on the tax benefit rule. Despite this attention, relatively little has been done to examine the conceptual foundations of the tax benefit rule and to …
Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White
Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White
Articles
Aloha Airlines, Inc.
v.
Director of Taxation, State of Hawaii (Docket No. 82-585)
Hawaiian Airlines, Inc.
v.
Director of Taxation, State of Hawaii (Docket No. 82-566)
Argued October 4. 1983. Decided November 1, 1983
Frank R. Kennedy, James J. White
Frank R. Kennedy, James J. White
Articles
In an academic world thickly populated with persons of unlimited ego but of limited scholarly output, Frank Kennedy stands out as a remarkable exception. On the one hand he is the author of scholarly writings too numerous to recount; on the other he is a man of deep humility. A reader or listener soon learns he has strong views which he states with power and precision. Yet his humility is such that he will listen patiently to the most idiotic view of a colleague or student and will kindly help them find their way.
Perpetuity Reform, Lawrence W. Waggoner
Perpetuity Reform, Lawrence W. Waggoner
Articles
After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …
Relationism: Legal Theory For A Relational Society, Gidon A. G. Gottlieb
Relationism: Legal Theory For A Relational Society, Gidon A. G. Gottlieb
Articles
No abstract provided.
Fixture Priorities, David G. Carlson
Scholarly Books: What, To Whom And Why, James J. White
Scholarly Books: What, To Whom And Why, James J. White
Articles
A consideration of the role that the books reviewed in this edition will play in the future of American legal thought has led me to speculate about the transmission of ideas into acts and about the role of books in that transmission. In certain arenas, tracing an idea from its origins to its ultimate application is straightforward. For example, the evolution of Germany's Schlieffen plan for invading France can be traced with little difficulty from the circumstances responsible for its birth, through years of refinement, to its eventual application in World War I. The development and acceptance of a medical …
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Articles
No abstract provided.
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
Articles
No abstract provided.
The Sovereignty Of The Courts, Edward Hirsch Levi
Statutes' Domains, Frank H. Easterbrook
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Articles
No abstract provided.
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
Articles
No abstract provided.
Optimal Sanctions For Antitrust Violations, William M. Landes
Optimal Sanctions For Antitrust Violations, William M. Landes
Articles
No abstract provided.
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Articles
No abstract provided.
The Surveys That Broke Monopoly, Hans Zeisel
The Most Insignificant Justice: Further Evidence, Frank H. Easterbrook
The Most Insignificant Justice: Further Evidence, Frank H. Easterbrook
Articles
No abstract provided.
Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird
Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird
Articles
No abstract provided.
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Articles
No abstract provided.
Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer
Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer
Articles
No abstract provided.
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
Articles
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Articles
No abstract provided.
Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam
Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam
Articles
No abstract provided.
Foreword, Gerhard Casper
Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein
Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein
Articles
No abstract provided.
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Articles
No abstract provided.
A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell
A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell
Articles
No abstract provided.
The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford
The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford
Articles
When the Roosevelt administration took office in March 1933, the nation was suffering from the onslaught of the Great Depression. The complex set of economic and regulatory policies constituting President Franklin Roosevelt's "New Deal" focused primarily on restoring health to the economy and secondarily on achieving a modicum of income redistribution. The Roosevelt administration, however, possessed neither a clear understanding of the causes of the Depression, nor a coherent, stable, and workable scheme for ending it. Nevertheless, that administration's tenure produced widespread federal economic regulation and brought ferment, imagination, and creativity to theoretical and practical regulatory techniques.
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Articles
For years, Professor Kenneth Culp Davis has directed the professional public's attention to the prevalence of what he believes to be insufficiently confined administrative discretion. 1 Davis has found powers of unduly wide latitude in agencies and administrators, such as tax collectors, 2 police officers, 3 welfare administrators, 4 and independent agencies supervising business behavior. 5 In general, Davis recommends confining the discretionary powers of agencies and officials more narrowly than they have been done in the past. He suggests that where discretion cannot practically be so confined, it should be "checked" or "structured." 6 Thus, Davis urges that "one …