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Articles 3331 - 3360 of 4757

Full-Text Articles in Law

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila Jan 2004

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila

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This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …


Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy Jan 2004

Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy

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No abstract provided.


Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post Jan 2004

Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post

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No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Jan 2004

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

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No abstract provided.


Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine Jan 2004

Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine

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This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …


Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein Jan 2004

Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein

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No abstract provided.


The Jurisprudence Of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman) Jan 2004

The Jurisprudence Of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman)

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No abstract provided.


Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon Jan 2004

Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon

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No abstract provided.


Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver Jan 2004

Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver

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No abstract provided.


Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn Jan 2004

Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn

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In the second half of the twentieth century, America's cities and suburbs were engulfed by suburban sprawl - the movement of people (especially middle-class families) and jobs from older urban cores to newer, less densely populated, more automobile-dependent communities generally referred to as suburbs. Cities throughout America lost population to their outlying suburbs, and cities that gained population usually did so only because they were able to annex those suburbs. America's suburban revolution has not left Jewish communities unscathed. For example, the city of Newark, New Jersey, contained 58,000 Jews and thirty-four synagogues in the 1940s, but today has only …


How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael Lewyn Jan 2004

How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael Lewyn

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Numerous commentators have suggested that the spread-out, automobile-dependent urban form (often referred to as "sprawl") that dominates metropolitan America is at least partially caused by government regulation of land use. Other commentators argue that the fate of Houston, Texas may seem to rebut that theory. Houston is America's only large city without a formal zoning code. Yet Houston is as automobile-dependent and sprawling as many cities with zoning. It could therefore be argued that automobile-dependent sprawl is the inevitable result of the free market, based on the following chain of logic: Assumption 1: Because Houston lacks zoning, Houston has an …


A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow-Kleinhaus Jan 2004

A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow-Kleinhaus

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No abstract provided.


Legislating Morality: The Duty To The Tax System Reconsidered, Watson Dec 2003

Legislating Morality: The Duty To The Tax System Reconsidered, Watson

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Four years ago, I presented a paper at a symposium on professionalism jointly sponsored by the University of Kansas Law School and the Kansas Bar Association. That paper espoused the view (contrary to what appears to be the popular view among tax scholars) that tax lawyers owe no special duty to the "tax system" other than to abide by the law and the applicable standards of professional conduct. During the four-year interim since my last visit to Kansas, however, we have witnessed the deleterious effect of the IRS Restructuring and Reform Act of 1998 (RRA '98) on IRS enforcement and …


Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett Nov 2003

Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett

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As most venture capital investors are aware, the economic downturn of the past two years—and the concomitant decrease in private company valuations—has created an opportunity for significant returns on new venture investments seldom seen since the early 1990s. Yet while the investment opportunities of the current economic environment may have attractive financial valuations, they frequently come with the added cost of significant transactional complexity. In particular, the issuance of securities by a private company at a price that is below the price previously paid by the company's investors (typically referred to as a “down-round” financing) may trigger one or more …


Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr Nov 2003

Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr

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The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …


Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds Oct 2003

Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds

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This Article outlines the basic characteristics of nanotechnology as it is currently understood and will briefly describe some of the technical - and social - consequences likely to arise as nanotechnology matures. Next, it examines three potential approaches for regulating nanotechnology and the likely consequences of each. The Article concludes with suggestions for further study, as well as a list of "dos" and "don'ts" for regulating nanotechnology.


The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long Oct 2003

The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long

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No abstract provided.


Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway Oct 2003

Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway

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This article reflects upon certain negative effects associated with the ambiguity of the current legal standard for materiality in the insider trading context and suggests and demonstrates an approach to mitigating these negative effects. Specifically, after describing and illustrating the concept of materiality and its application in the insider trading context, this article identifies and assesses applicable regulatory policies, showing that these policies do not dictate an imprecise definition of materiality. Next, the article explains certain negative impacts on stockholder value emanating from the lack of predictability and certainty in interpreting and applying the existing materiality standard, including negative impacts …


"Stop Me Before I Vote For This Judge Again": Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long Oct 2003

"Stop Me Before I Vote For This Judge Again": Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long

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No abstract provided.


Bankruptcy And Recovery Of Tort Damages, George Kuney Oct 2003

Bankruptcy And Recovery Of Tort Damages, George Kuney

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No abstract provided.


Evaluating The Risks Of Market Swaps, Maurice Stucke Oct 2003

Evaluating The Risks Of Market Swaps, Maurice Stucke

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An asset swap between two competitors can be (i) per se illegal under Section 1 of the Sherman Act or (ii) a potentially legitimate sale of assets under Section 7 of the Clayton Act. The case law and antitrust commentary vary as to which standard should be applied, and the impication can be significant for the business entities contemplating the deal. This article outlines five factors to assist in evaluating the asset swap's legality under the federal antitrust laws, and the critical determination of which standard to apply to a potentially high risk transaction.


Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen Oct 2003

Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

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Part I of this Article examines how the Equal Protection Clause limits the government's ability to engage in race-based affirmative action. Part I focuses on how constitutional law analysis has evolved in light of the Supreme Court's recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Part II provides a brief description of tax law's public policy limitation. This part shows how the IRS, though not required to do so, has generally followed Equal Protection Clause jurisprudence when applying the public policy limitation to race-based activity by private tax exempt 501(c)(3) institutions. Part III discusses how the Supreme …


I Am Glad I Got To Know Him, David Shipley Oct 2003

I Am Glad I Got To Know Him, David Shipley

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This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).


The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen Oct 2003

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

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As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …


Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley Oct 2003

Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley

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I am sure that I will enjoy being a regular law professor again, but there are some aspects of being Dean that I will miss. There are also some parts of the job I am happy to leave to my successor. Let me start with the things I am happy are no longer my responsibility.


Jurisdiction To Tax Income And Consumption In The New Economy: A Theoretical And Comparative Perspective, Walter Hellerstein Sep 2003

Jurisdiction To Tax Income And Consumption In The New Economy: A Theoretical And Comparative Perspective, Walter Hellerstein

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The collection of rules that falls under the rubric of "jurisdiction to tax" has aptly been described as "a body of law in search of a theory." Although this Article lays no claim to advancing such a theory, it does seek to provide a broad theoretical perspective on jurisdiction-to-tax issues raised by income and consumption taxation in the new economy. It is designed to suggest ways of thinking about the fundamental questions involved, questions that are often obscured by a preoccupation with the application of specific jurisdiction-to-tax rules to individualized fact patterns in particularized contexts. In short, this Article is …


An Institutional Analysis Of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, Or The Market, Benjamin H. Barton Jul 2003

An Institutional Analysis Of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, Or The Market, Benjamin H. Barton

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No abstract provided.


Federal Taxation (2002 Eleventh Circuit Survey), David A. Brennen Jul 2003

Federal Taxation (2002 Eleventh Circuit Survey), David A. Brennen

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During 2002 federal courts in the United States decided nineteen cases that directly impact federal tax law in the Eleventh Circuit. These cases involve a variety of tax law matters including Federal Insurance Contributions Act ("FICA") payroll tax, estate and gift tax, IRS authority to levy and assess tax, and discharges in bankruptcy. Other tax-related matters addressed by courts in 2002 that impact tax law in the Eleventh Circuit include inventory recapture in an S-corporation conversion, attorney fees for the prevailing party in a tax dispute, and injunctions against tax preparers. By far the most important tax case decided in …


The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen Jul 2003

The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen

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The United States often appears hypocritical in its commitment to International Law. It supports Nuremberg, Yugoslavia, and Rwandan tribunals, but opposes the International Criminal Court. It supports the creation of the United Nations, but seeks unilateral action in Iraq. This Essay explores these seeming contradictions in American stances toward international law. It argues that while such apparent hypocrisy might be explained by mere pragmatism, ideas prevalent in American foreign policy history seem to point in a more dangerous direction, that such divergent actions may actually be informed by a coherent, specifically American conception of international law. In particular, this Essay …


Random Walks, Non-Cooperation Games, And The Complex Mathematics Of Patent Pricing, F. Russell Denton, Paul J. Heald Jul 2003

Random Walks, Non-Cooperation Games, And The Complex Mathematics Of Patent Pricing, F. Russell Denton, Paul J. Heald

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Current patent valuation methods have been described charitably as “inappropriate,” “crude,” “inherently unreliable,” and a “guesstimate.” This article provides a more rational and systematic tool than any we have found in the existing literature or relevant case law. We believe our approach to patent valuation will be useful in improving investment decisions, in facilitating licensing negotiations, and in reducing error costs in litigation. An improved valuation metric also promises to make patents easier to take as collateral and to reduce the amount of “Blue Sky” in mergers and acquisitions involving high tech corporations. To the extent that valuation problems have …