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Full-Text Articles in Law

Complexities Of Addressing Interest Arrears In A Brady Transaction: The Case Of The Republic Of Argentina 1992 Financing Plan, Jeanne C. Olivier Oct 2010

Complexities Of Addressing Interest Arrears In A Brady Transaction: The Case Of The Republic Of Argentina 1992 Financing Plan, Jeanne C. Olivier

Law and Contemporary Problems

No abstract provided.


Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier Oct 2010

Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier

Law and Contemporary Problems

No abstract provided.


The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera Oct 2010

The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 2010

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, Andrew E. Taslitz Jul 2010

Foreword, Andrew E. Taslitz

Law and Contemporary Problems

No abstract provided.


Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Jul 2010

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Law and Contemporary Problems

Colb surfaces the "statistical versus concrete harms" disparity in judicial (and more broadly, human) reactions to probability-based behavior. In particular, it identifies the disparity in case law that either explicitly relies on the distinction as a normatively proper ground for legal decisions or that operates in a manner best explained by resort to this distinction. Though the paper is primarily descriptive, it suggests, tentatively, that lawmakers, judges, and juries should exercise greater care and deliberation in applying what may seem like a "natural" approach to distinguishing between permissible and impermissible harm. It is thus a plea for "conscious" consideration of …


How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies Jul 2010

How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies

Law and Contemporary Problems

Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.


Government Dragnets, Christopher Slobogin Jul 2010

Government Dragnets, Christopher Slobogin

Law and Contemporary Problems

Slobogin describes the nature and effects of dragnet actions. They do so primarily through the prism of Supreme Court and lower court cases, but these sections also look at law-enforcement efforts that have yet to lead to litigation and imagine future dragnet efforts as well, with a special emphasis on the role technology can play in motivating dragnets and carrying them out. He then summarizes the Supreme Court's approach to group searches and the most significant alternative proposals for dealing with them.


What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz Jul 2010

What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz defines probable cause as having four components: one quantitative, one qualitative, one temporal, and one moral. He focuses on the last of these components. "Individualized suspicion," the US Supreme Court has suggested, is perhaps the most important of the four components of probable cause. That is a position with which he heartily agree. The other three components each play only a supporting role. But individualized suspicion is the beating heart that gives probable cause its vitality.


Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jul 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Law and Contemporary Problems

Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.


Journal Staff Jul 2010

Journal Staff

Law and Contemporary Problems

No abstract provided.


Are Spanking Injunctions Scientifically Supported?, Robert E. Larzelere, Diana Baumrind Apr 2010

Are Spanking Injunctions Scientifically Supported?, Robert E. Larzelere, Diana Baumrind

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 2010

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, Doriane Lambelet Coleman, Kenneth A. Dodge Apr 2010

Foreword, Doriane Lambelet Coleman, Kenneth A. Dodge

Law and Contemporary Problems

No abstract provided.


Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus Apr 2010

Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus

Law and Contemporary Problems

No abstract provided.


More Harm Than Good: A Summary Of Scientific Research On The Intended And Unintended Effects Of Corporal Punishment On Children, Elizabeth T. Gershoff Apr 2010

More Harm Than Good: A Summary Of Scientific Research On The Intended And Unintended Effects Of Corporal Punishment On Children, Elizabeth T. Gershoff

Law and Contemporary Problems

No abstract provided.


The Special Problem Of Cultural Differences In Effects Of Corporal Punishment, Jennifer E. Lansford Apr 2010

The Special Problem Of Cultural Differences In Effects Of Corporal Punishment, Jennifer E. Lansford

Law and Contemporary Problems

No abstract provided.


Where And How To Draw The Line Between Reasonable Corporal Punishment And Abuse, Doriane Lambelet Coleman, Kenneth A. Dodge, Sarah Keeton Campbell Apr 2010

Where And How To Draw The Line Between Reasonable Corporal Punishment And Abuse, Doriane Lambelet Coleman, Kenneth A. Dodge, Sarah Keeton Campbell

Law and Contemporary Problems

No abstract provided.


The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope Apr 2010

The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope

Law and Contemporary Problems

No abstract provided.


Parental Entitlement And Corporal Punishment, James G. Dwyer Apr 2010

Parental Entitlement And Corporal Punishment, James G. Dwyer

Law and Contemporary Problems

No abstract provided.


Upholding The Dignity And Best Interest Of Children: International Law And The Corporal Punishment Of Children, Michael D.A. Freeman Apr 2010

Upholding The Dignity And Best Interest Of Children: International Law And The Corporal Punishment Of Children, Michael D.A. Freeman

Law and Contemporary Problems

No abstract provided.


Corporal Punishment And The Cultural Defense, Alison Dundes Renteln Apr 2010

Corporal Punishment And The Cultural Defense, Alison Dundes Renteln

Law and Contemporary Problems

No abstract provided.


Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli Apr 2010

Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli

Law and Contemporary Problems

No abstract provided.


Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell Apr 2010

Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell

Law and Contemporary Problems

No abstract provided.


Pollock, Macomber, And The Role Of The Federal Courts In The Development Of The Income Tax In The United States, Charlotte Crane Jan 2010

Pollock, Macomber, And The Role Of The Federal Courts In The Development Of The Income Tax In The United States, Charlotte Crane

Law and Contemporary Problems

Crane notes that the federal income tax is much more a lawyer's tax than either the income taxes of other jurisdictions or the several nonincome federal taxes. She locates the source of the legalistic nature of the tax in the Supreme Court's 1895 opinion in Pollock v. Farmers' Loan & Trust Co., invalidating the income tax of 1894 as a constitutionally impermissible unapportioned direct tax. She describes how the ghost of Pollock hovered over the income tax for decades after its reintroduction in 1913, inspiring Eisner v. Macomber and other judicial explorations of the constitutional meaning of income. Moreover, she …


Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser Jan 2010

Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser

Law and Contemporary Problems

Kornhauser recounts the legislation which enacted in 1934 required all income taxpayers to submit "pink slips" with their tax returns. The information required by the pink slip would then be made available for public inspection. The disclosure regime was repealed less than one year later, largely through the remarkably effective efforts of one person--Raymond Pitcairn, a wealthy lawyer. She describes a multifaceted public-relations campaign, orchestrated by Pitcairn, that would be sophisticated even by today's standards. Two aspects of Pitcairn's campaign were especially impressive. The first was his ability to enlist the zeitgeist in his efforts; the trial of Bruno Hauptmann …


The Federal Retail Sales Tax That Wasn’T: An Actual History And An Alternative History, Lawrence A. Zelenak Jan 2010

The Federal Retail Sales Tax That Wasn’T: An Actual History And An Alternative History, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


The Accidental Deduction: A History And Critique Of The Tax Subsidy For Mortgage Interest, Dennis J. Ventry Jr. Jan 2010

The Accidental Deduction: A History And Critique Of The Tax Subsidy For Mortgage Interest, Dennis J. Ventry Jr.

Law and Contemporary Problems

Ventry traces the mortgage interest deduction from accident to birthright, from one of many deductible personal interest items to one of the few still standing, and from a negligible tax offset to the second most expensive tax subsidy. He examines the origins of the deduction for personal interest alongside the birth of the modern federal income tax and concludes that the deduction had nothing to do with encouraging or rewarding home ownership. Moreover, he also examines national rates of home ownership during depression, war, and postwar affluence. Home ownership rates stagnated and then receded during the Great Depression, with the …


Foreword, Lawrence A. Zelenak Jan 2010

Foreword, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra Jan 2010

American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra

Law and Contemporary Problems

Mehrotra examines the factors contributing to the introduction of the corporate income tax in 1909 and of the individual income tax in 1913. According to the conventional wisdom, these taxes were the products of politics, political institutions, and social forces; economic factors play a cameo role in the standard historical accounts. He argues that economic developments were as significant as political and social factors in the enactment and development of the taxes. The corporations created the wealth that became the targets of the corporate and individual taxes. Here, he investigates two particular economic factors. First, he explores the broad, long-term, …