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Full-Text Articles in Law

Enforcing Subpoenas Against The President: The Question Of Mr. Jaworski’S Authority, Lee A. Albert, Larry G. Simon May 1974

Enforcing Subpoenas Against The President: The Question Of Mr. Jaworski’S Authority, Lee A. Albert, Larry G. Simon

Journal Articles

No abstract provided.


American Legal Education: An Agenda For Research And Reform, Barry B. Boyer, Roger C. Cramton Jan 1974

American Legal Education: An Agenda For Research And Reform, Barry B. Boyer, Roger C. Cramton

Journal Articles

Reprinted in American Legal Education: An Agenda for Research and Reform, Barry B. Boyer & Roger C. Cramton (American Bar Foundation 1974).


Standing To Challenge Administrative Action: An Inadequate Surrogate For Claim For Relief, Lee A. Albert Jan 1974

Standing To Challenge Administrative Action: An Inadequate Surrogate For Claim For Relief, Lee A. Albert

Journal Articles

No abstract provided.


Some Determinants Of The Method Of Case Disposition: Decision-Making By Public Defenders In Los Angeles, Lynn M. Mather Jan 1974

Some Determinants Of The Method Of Case Disposition: Decision-Making By Public Defenders In Los Angeles, Lynn M. Mather

Journal Articles

No abstract provided.


The Requirement That A Capital Expenditure Create Or Enhance An Asset, Alan Gunn Jan 1974

The Requirement That A Capital Expenditure Create Or Enhance An Asset, Alan Gunn

Journal Articles

Should expenditures that have an impact on a company’s production beyond one tax year be capitalized for tax purposes? How can these be distinguished from the “ordinary and necessary expenses” of a business? Is it reasonable to permit a current deduction for these expenditures? While a capitalized expenditure has often been seen as an expenditure that has produced an “asset”, there is no clear rule on what is an asset how to define it. The article examines these issues, with a discussion of the statutory provisions concerning capital expenditures and the problem of whether capitalization is a method of accounting. …


The Political Impact Of Constitutional Courts, Donald P. Kommers Jan 1974

The Political Impact Of Constitutional Courts, Donald P. Kommers

Journal Articles

Introduction to the symposium issue.


The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn Jan 1974

The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn

Journal Articles

The marital property provisions of the new Missouri divorce law render the tax treatment of property transfers and alimony payments unclear. As to property transfers, the problem is that the new law appears to give the wife an interest in property that previously would have been regarded as belonging to the husband. Since this is so, it is possible to argue that a “transfer” of appreciated property to the wife is part of a “division” of property between “co-owners,” and therefore not taxable. Although transfers of appreciated property in connection with a divorce are usually taxable, divisions of community property …


An Act To Restrict The Use Of Erotic Material For Commercial Purposes, Robert E. Rodes Jan 1974

An Act To Restrict The Use Of Erotic Material For Commercial Purposes, Robert E. Rodes

Journal Articles

This article outlines a theoretical act to restrict the use of erotic material for commercial purposes.


Report Of The Dean 1973-1974, Thomas L. Shaffer Jan 1974

Report Of The Dean 1973-1974, Thomas L. Shaffer

Journal Articles

My assessments of the Law School have tended more to describe developments than to state aspirations. I continue to assess things in that vein; my preference for leadership in the Dean's Office is to build on the goals which are implicit in the work of the tireless, dedicated people who teach and learn law at Notre Dame. My hope in approaching our enterprise in this way is to discover myself, and to help my colleagues discover, the power with which they serve God, the University, the community, our embattled profession, and one another. "This power in us," St. Paul said, …


Abortion: The Court Decides A Non-Case, Joseph O'Meara Jan 1974

Abortion: The Court Decides A Non-Case, Joseph O'Meara

Journal Articles

It took the Supreme Court 105 years to discover that the Fourteenth Amendment guarantees a personal right of privacy that invalidates state statutes forbidding abortion except to save the mother's life. As Mr. Justice Rehnquist pointed out, in a dissent that no member of the Court attempted to answer, at least thirty-six states had such anti-abortion statutes when the Fourteenth Amendment was adopted. None was attacked on the ground that they offended the newly adopted amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the …