Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

A Symposium Précis, Thomas E. Baker Jan 2001

A Symposium Précis, Thomas E. Baker

Faculty Publications

This article is an introduction to and overview of the Drake University Law School symposium The Constitution and the Internet, held in February of 2001. It highlights important issues including the Constitution and the Internet, civil liberty and the application of a 200 year old document to the modern age of rapidly changing technology.


An Obituary Of The Federal Estate Tax, M C. Mirow, Bruce A. Mcgovern Jan 2001

An Obituary Of The Federal Estate Tax, M C. Mirow, Bruce A. Mcgovern

Faculty Publications

The authors adopt the genre of the obituary to discuss the development and present condition of the Federal Estate Tax. Using this form of descriptive narrative, the authors present a concise summary of the most important changes in the tax over the past eighty-five years.


Borrowing Private Law In Latin America: Andrés Bello's Use Of The Code Napoléon In Drafting The Chilean Civil Code, M C. Mirow Jan 2001

Borrowing Private Law In Latin America: Andrés Bello's Use Of The Code Napoléon In Drafting The Chilean Civil Code, M C. Mirow

Faculty Publications

This article discusses Bello's sources and methods in light of Alan Watson's theory of legal transplants. It provides examples from Bello's drafting of provisions on inheritance law in the Chilean Civil Code and specifically addresses the influence of the Code Napoleon.


Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod Jan 2001

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.


Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Román Jan 2001

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Román

Faculty Publications

Be it in the United States or across the Atlantic, notions of citizenship conjure up thoughts of nationalism, membership, equality, price and patriotism. Though these notions suggest a sense of inclusion, the term citizenship also conjures up, for many, feelings of exclusion and subordination. This article will examine the fact that despite the virtuous rhetoric associated with the term, the status of citizen is often an elusive ideal, notwithstanding the attainment of such status. While the status is theoretically to include a litany of rights as well as a perception of belonging, for many in this society, citizenship means neither. …


A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker Jan 2001

A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker

Faculty Publications

This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.


Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno Jan 2001

Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno

Faculty Publications

No abstract provided.


Privatizing Social Security, Jerry W. Markham Jan 2001

Privatizing Social Security, Jerry W. Markham

Faculty Publications

The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the …


Latin American Legal History: Some Essential Spanish Terms, M C. Mirow Jan 2001

Latin American Legal History: Some Essential Spanish Terms, M C. Mirow

Faculty Publications

Terms related to Latin American legal history translated into English.


Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol Jan 2001

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.