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Articles 20761 - 20790 of 21559
Full-Text Articles in Law
Abortion To Aging: Problems Of Definition In The Medical Expense Tax Deduction, Alan L. Feld
Abortion To Aging: Problems Of Definition In The Medical Expense Tax Deduction, Alan L. Feld
Faculty Scholarship
Administration of the medical expense deduction has generated its share of litigation and rulings. The major areas of dispute center on two questions. By far the more important question is how to distinguish deductible medical expenses from other expenses that should be characterized as personal, living, or family expenses. The statutory definition of medical care is a broad one, encompassing amounts paid for "diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body."' 10 It also includes transportation to obtain medical care." Because normal expenses of a personal nature, …
First Amendment Ancillary Doctrines, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
Faculty Scholarship
No abstract provided.
Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen
Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen
Faculty Scholarship
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
Faculty Scholarship
No abstract provided.
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Faculty Scholarship
No abstract provided.
The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman
The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown
Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown
Faculty Scholarship
No abstract provided.
The Quest For Educational Opportunity: Access To Legal And Medical Education In New Mexico, Leo M. Romero
The Quest For Educational Opportunity: Access To Legal And Medical Education In New Mexico, Leo M. Romero
Faculty Scholarship
ACCESS of minority group members to higher education is one of the burning social and legal issues of our time. The issue centers around two problems: first, how can the number of minority students in higher education be increased, and, second, can it be done in a way that does not abuse the constitution? As institutions of higher learning, both medical and law schools have been the focus of this issue, primarily due to the intense competition among applicants for the limited number of positions available. l In addition, medical schools and law schools have been the recent targets of …
The Liberty Interest Of Children: Due Process Rights And Their Application, James W. Ellis, Lee E. Teitelbaum
The Liberty Interest Of Children: Due Process Rights And Their Application, James W. Ellis, Lee E. Teitelbaum
Faculty Scholarship
Few areas pose more difficult problems in the application of due process doctrine than does regulation of parent-child relationships. Determination of the procedural requirements for intervention by the state in the lives of children, at the request or with the agreement of parents, presents novel and troublesome constitutional questions. Special problems arise in the definition of the liberty interests of minors and in determining how much process is due given an infringement of those interests. These problems cannot be resolved by resort to the categorical assumptions of either traditional theory or "children's liberation." Close examination of the interests held by …
Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski
Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish
Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish
Faculty Scholarship
No abstract provided.
Survey Of Cases Decided By The Fifth Circuit Court Of Appeals: Introduction, Frank W. Elliott
Survey Of Cases Decided By The Fifth Circuit Court Of Appeals: Introduction, Frank W. Elliott
Faculty Scholarship
This symposium includes scholarly analyses of fresh, important cases decided by the Fifth Circuit during the past year. It also includes a scholarly analysis of problems and possible solutions for the Circuit's overcrowded conditions. We can only hope that it will not only contribute to the better functioning of its readers as lawyers, but also to a better solution of the problems of judicial administration within the Circuit.
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Faculty Scholarship
In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the …
The Implications Of ‘Resegregation’ For Judicially Imposed School Secretation Remedies, Charles T. Clotfelter
The Implications Of ‘Resegregation’ For Judicially Imposed School Secretation Remedies, Charles T. Clotfelter
Faculty Scholarship
No abstract provided.
The University Law School And Legal Services, Paul D. Carrington
The University Law School And Legal Services, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Burger Court And The Fourth Amendment, Larry Yackle
The Burger Court And The Fourth Amendment, Larry Yackle
Faculty Scholarship
In his 1974 Holmes Lectures, Anthony Amsterdam likened the Supreme Court in search and seizure cases to a committee "attempting to draft a horse by placing very short lines on a very large drawing board at irregular intervals during which the membership of the committee constantly changes." On that perception of the matter he cautioned against precipitous criticism when the completed draft resembles a camel. That advice, in my judgment, is reliable only in part. On the one hand, only the most arrogant of armchair critics would not concede that the Court's work is as difficult as it is important. …
Post-Discharge Coercion Of Bankrupts By Private Creditors, Rachel Vorspan
Post-Discharge Coercion Of Bankrupts By Private Creditors, Rachel Vorspan
Faculty Scholarship
No abstract provided.
The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Book Reviews, Christopher H. Schroeder
Antitrust Issues In The Regulation Of College Sports, John C. Weistart
Antitrust Issues In The Regulation Of College Sports, John C. Weistart
Faculty Scholarship
No abstract provided.
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
Faculty Scholarship
In Volume 3, Number 3 of this journal, Professor Havighurst* wrote a brief Comment in which he observed that the function of health care cost-containment regulation is the rationing of health care resources, and argued that the fostering of health care consumers' and providers' free choice in the competitive marketplace is preferable to conventional cost-containment regulation as a mechanism for such rationing. He briefly outlined various reforms, including changes in federal tax treatment of health insurance premiums, aimed at implementing his ap- proach. Subsequently, in a Comment in Volume 4, Number 1, Stephen M.Weiner, then Chairman of the Massachusetts Rate …
Health Maintenance Organizations And The Health Planners, Clark C. Havighurst
Health Maintenance Organizations And The Health Planners, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.
Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.
Faculty Scholarship
The possibility of abolishing the general diversity jurisdiction of the federal courts has received increasing attention with the passage of an abolition bill by the House of Representatives in 1978. Discussion of abolition has tended to focus on such issues as the importance of reducing federal court caseloads, the appropriateness of transferring state law cases to state courts, and the extent to which prejudice against out-of-staters survives in state courts. Professor Rowe suggests that there would be several little-noticed but significant effects of abolishing diversity jurisdiction. He argues that abolition would elminate or greatly reduce some of the major difficulties …
Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.
Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein
Faculty Scholarship
No abstract provided.
The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii
The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski
East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.