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Articles 10141 - 10170 of 11528
Full-Text Articles in Law
Conflict Of Interest, Robert H. Aronson
Conflict Of Interest, Robert H. Aronson
Articles
The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …
Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake
Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake
Articles
The dividends paid deduction provided for in section 561 of the Internal Revenue Code is of vital importance to any corporation that is subject to the accumulated earnings tax or the personal holding company tax. Either of these taxes, if applicable, is imposed in addition to the federal income taxes otherwise payable by the corporation.
Since the accumulated earnings tax is substantial and the personal holding company tax is downright confiscatory, a corporation must do whatever is necessary legally to avoid paying these additional taxes. A corporation subject to either of the taxes generally can avoid them only by taking …
In Memoriam. Professor Kenneth K. Luce, Theodore J. St. Antoine
In Memoriam. Professor Kenneth K. Luce, Theodore J. St. Antoine
Articles
I met Kenneth Luce once or twice at most, and then only for the few hurried words of greeting that are exchanged at alumni gatherings. Yet I feel I have come to know him well - sadly for me, chiefly through his friends and after his death. With the passing of any prominent alumnus of the Michigan Law School, we are likely to receive letters from friends and associates urging some suitable memorial. For Professor Luce there was more than the usual expressions of esteem and respect for professional accomplishments. Affection for the man himself shone through the words about …
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Articles
As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4
Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer
Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer
Articles
No abstract provided.
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Articles
This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …
A New Dimension In Equal Protection?, Theodore J. St. Antoine
A New Dimension In Equal Protection?, Theodore J. St. Antoine
Articles
Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …
Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar
Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar
Articles
In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6
Federal Taxation Of The Assignment Of Life Insurance, Douglas A. Kahn, Lawrence W. Waggoner
Federal Taxation Of The Assignment Of Life Insurance, Douglas A. Kahn, Lawrence W. Waggoner
Articles
The most litigated estate tax issue concerning life insurance is whether the proceeds should be included in the insured's gross estate. This question usually is governed by section 2042 of the Internal Revenue Code of 1954, the estate tax provision directed specifically at life insurance. While the Tax Reform Act of 1976 wrought enormous changes in many areas of estate taxation, Congress did not change section 2042. Thus the several unresolved questions concerning the interpretation of that section remain unsettled. But the question of the includability of life insurance proceeds in the gross estate of the insured is not always …
Mondale On Mapp, Yale Kamisar
Mondale On Mapp, Yale Kamisar
Articles
Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Articles
Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …
A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed
A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed
Articles
On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …
Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver
Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver
Articles
No abstract provided.
The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman
Articles
No abstract provided.
The Pragmatist Theory Of Truth, Susan Haack
Some Aspects Of Separation Of Powers, Edward Hirsch Levi
Some Aspects Of Separation Of Powers, Edward Hirsch Levi
Articles
No abstract provided.
The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn
The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn
Articles
No abstract provided.
Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman
Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman
Articles
No abstract provided.
Constitutional Constraints On The Conduct Of Foreign And Defense Policy: A Nonjudicial Model, Gerhard Casper
Constitutional Constraints On The Conduct Of Foreign And Defense Policy: A Nonjudicial Model, Gerhard Casper
Articles
No abstract provided.
The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler
The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler
Articles
No abstract provided.
The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler
The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler
Articles
No abstract provided.
Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer
Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer
Articles
No abstract provided.
Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood
Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood
Articles
No abstract provided.
The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel
The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel
Articles
No abstract provided.
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley
Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley
Articles
No abstract provided.
State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein
State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein
Articles
No abstract provided.
Voidable Preferences And Protection Of The Expectation Interest, Anthony T. Kronman, Thomas H. Jackson
Voidable Preferences And Protection Of The Expectation Interest, Anthony T. Kronman, Thomas H. Jackson
Articles
No abstract provided.
Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein
Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein
Articles
No abstract provided.
Rights Of Parents, Robert Levy