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Articles 301 - 313 of 313
Full-Text Articles in Law
Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen
Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen
Faculty Scholarship
The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. …
Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal
Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal
Faculty Scholarship
This Article reviews the redemption provisions of both section 302 and section 304 of the Internal Revenue Code. It discusses the existing rules for basis recovery in dividend equivalent redemptions, and highlights the situations where the recovery of the basis of the stock redeemed becomes a problem. A number of cases, revenue rulings, and hypothetical illustrations where the basis recovery of redeemed stock has created or potentially could create a problem are examined. The Article also analyzes the tax policies which may influence the structure of a basis recovery procedure in dividend equivalent redemptions, and suggests the recovery method which …
Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen
Faculty Scholarship
The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward …
Preliminary Injunctions: The Varying Standards, Arthur D. Wolf
Preliminary Injunctions: The Varying Standards, Arthur D. Wolf
Faculty Scholarship
The Author undertakes a survey in this Article which shows that the Supreme Court and the courts of appeals have not articulated or applied consistent criteria for preliminary injunctive relief. Their decisions have described a sinuous path through primary standards, alternative tests, and sliding scale variations. Part of the difficulty may be because the Supreme Court has not taken a firm hand in resolving conflicts between and among the circuits on critical issues involving interlocutory injunctions. In addition while the courts of appeals make reference to each others' opinions, they have not demonstrated a desire to achieve uniformity in their …
Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon
Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon
Faculty Scholarship
The assumption that the occupational identification of "lawyer" is the salient feature in evaluating political motivation is interesting, if questionable, according to the Author. Does occupational identity overwhelm other identities? Are politically active lawyers really a homogeneous group? Are they less affected by competing identities associated with wealth, geography, familial and constituency concerns, political ideology, party considerations, or any of the myriad other sources of public and private motivation of behavior? Surely the hypothesis that politically active lawyers behave differently from nonlawyers is worth investigating. This Article offers some preliminary responses to these questions posed, which are grounded in empirical …
Foreign Investors Real Property Tax Act: Historical Perspective And Critical Evaluation, William D. Metzger
Foreign Investors Real Property Tax Act: Historical Perspective And Critical Evaluation, William D. Metzger
Faculty Scholarship
This Article first discusses the United States tax treatment of foreigners generally and the pre-Foreign Investors Real Property Tax Act withholding and taxation scheme with respect to foreign investment in United States real estate. Then follows a discussion of the several ways in which foreign investors were, before the Act, able to avoid tax on the disposition of United States real estate and a critical evaluation of the Act's response to those avoidance methods. Finally, a discussion of the Act's enforcement provisions and a general discussion of withholding of tax on nonresidents is provided.
A Paradigm Of First Amendment Dilemmas: Resolving Public School Library Censorship Disputes, Leora Harpaz
A Paradigm Of First Amendment Dilemmas: Resolving Public School Library Censorship Disputes, Leora Harpaz
Faculty Scholarship
In recent years courts have begun to ponder the first amendment issue of public school library book censorship. These fledgling judicial efforts have produced a mostly inadequate analysis of the complex legal picture presented by school library book censorship. Courts that desire to intervene in censorship disputes almost unthinkingly have relied on first amendment doctrines developed outside of the censorship area and assumed their easy application to this new problem. Courts that take a hands-off attitude toward the area rely heavily on the appropriateness of judicial intervention as their central theme. Nowhere to be found in these judicial responses is …
The 1976 Amendments To The Act Governing Collective Bargaining Between Teacher Organizations And Boards Of Education In Connecticut: An Appraisal, Peter Adomeit
Faculty Scholarship
In 1976, the Connecticut General Assembly amended the Teacher Negotiation Act in several significant ways. This Article reviews these amendments.
Hines V. Anchor Motor Freight: Another Step In The Seemingly Inexorable March Toward Converting Federal Judges (And Juries) Into Labor Arbitrators Of Last Resort, Peter Adomeit
Faculty Scholarship
This Article, directed to the courts, and especially to the federal bench, carries this message: you are in danger of converting the federal judiciary into a panel of labor arbitrators. The advance sheets of the federal courts are beginning to read like Labor Arbitration Reports. The kinds of disputes that in the past were resolved by private arbitration are beginning to appear at an increasing rate on the dockets of the federal courts: Did the company have just cause when it discharged the grievants for allegedly falsifying their expense accounts? Did the company violate the agreement with the union when …
Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens
Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens
Faculty Scholarship
This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President …
Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon
Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon
Faculty Scholarship
The Uniform Probate Code was drafted to facilitate modernization, simplification, and uniformity of state inheritance laws. Since its approval by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in August 1969, the Code has been enacted in various forms by 11 states. In this Article, the Authors analyze significant deviations from the recommended version of article II in the first nine enactments of the UPC. The Authors argue that all but exceptionally meritorious changes in enacted versions of the UPC should give way to the goal of state uniformity in inheritance laws, and …
The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon
The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon
Faculty Scholarship
The eleven pioneer states that have adopted the Uniform Probate Code have amended its provisions in various ways. This Article reviews the changes made in article III, the central procedural section of the Code. The Authors analyze the import of these amendments, considering the interplay between the carefully drafted provisions of the Code and its policy of uniformly minimizing the iudicial intervention and expense involved in the administration of estates. The Authors' analysis of these first enactments should prove helpful in those states currently considering adoption of the Uniform Probate Code as well as to lawyers and the courts in …
Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon
Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon
Faculty Scholarship
The present state of the law in America governing the succession to decedents' estates is badly in need of reform. There is a growing awareness of the inadequacy of present probate procedure even among ordinary citizens unschooled in the law. The public awareness of the problems of probate and its demand for reform are apparent from the spate of articles and books which have dealt with probate "pains" and methods for avoiding them. This demand and the efforts of reform-minded scholars have culminated in a proposed solution--the Uniform Probate Code (UPC). This Author argues that the probate scheme of the …