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Articles 1 - 6 of 6
Full-Text Articles in Law
Comparison Of Major Tax And Legal Advantages Of Operating In An Unincorporated Form, Douglas A. Kahn
Comparison Of Major Tax And Legal Advantages Of Operating In An Unincorporated Form, Douglas A. Kahn
Book Chapters
As an introduction to the subject of this conference, several topics will be discussed. First, the tax and non-tax consequences of conducting business in a partnership form will be examined and compared with the consequences of doing business in a corporate form. The principle concern of this paper, however, is to examine the tax consequences of transferring property to a corporation, whether such transfer is made at the time the corporation is organized or at some subsequent date.
Justifications For Paternalism, Donald H. Regan
Justifications For Paternalism, Donald H. Regan
Book Chapters
One of the most troublesome problems concerning the appropriate extent of government interference with individuals' activity is the problem of paternalism-that is, the problem of when, if ever, the state may compel an individual to do or to refrain from some act or activity "for his own good." One would hardly know this was a troublesome problem just from looking at the literature on political and legal philosophy. It is hard to think of an influential philosophical discussion of the matter more recent than John Stuart Mill's. But paternalism is a problem which keeps coming up in discussions among philosophers …
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Book Chapters
[C]oncern over the Court's manner of overruling a past decision raises some basic questions concerning judicial craftsmanship in overruling opinions. What special functions, if any, should the Court seek to accomplish with an overruling opinion? What techniques of opinion writing have been used in the past to fulfill these functions? Did the majority opinion in Gideon (372 U.S. 335) fail to perform the proper function of an overruling opinion? Would it have done so by giving Betts (316 U.S. 455) a "more respectful burial"? These are, of course, questions concerning method, not result. Admittedly, as Dean Rostow recently pointed out …
Impossibility, Impracticability, And Supervening Illegality, James J. White
Impossibility, Impracticability, And Supervening Illegality, James J. White
Book Chapters
The Doctrine of Impossibility, or as the Uniform Commercial Code knows it, Excuse by Failure of Presupposed Conditions, remains one of the unclimbed peaks of contract doctrine. All of the famous early and mid-twentieth century mountaineers, Corbin, Williston, Farnsworth and many lesser men have made attempts on this doctrine, but none have succeeded in climbing it to the very top. The doctrine inheres in Section 2-615 of the UCC, in Sections 454 - 469 of the Restatement of Contracts and in a series of Anglo-American cases stretching back for many years. In spite of attempts by all of the contract …
Contract Clauses, James J. White
Contract Clauses, James J. White
Book Chapters
Before he turns to the clauses below, the draftsman should consider a few points that apply to drafting in general. The suggestions that follow will not win the Galileo award for 1974, but they bear repeating nevertheless.
The Constitutional Framework Of Environmental Law, Philip Soper
The Constitutional Framework Of Environmental Law, Philip Soper
Book Chapters
For federal and state legislators .seeking legal solutions to environmental problems, "constitutional law" is a part of "environmental law" only in the indirect sense of providing the basic legal framework with which substantive environmental standards-like all legislative standards-must ultimately comport. When Congress, for example, enacts legislation to control pollution or to protect endangered species, the constitutional issue theoretically presented is whether such legislation exceeds limits placed by the Framers on federal legislative authority. These limits may result either from the lack of federal power to deal with the problem or from conflict between a federal regulatory scheme and the constitutional …