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1998

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Institution
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Articles 1 - 30 of 2756

Full-Text Articles in Law

Book Review: Protection Of Global Biodiversity: Converging Strategies, By Lakshman D. Guruswamy And Jeffrey Mcneely (Eds.), Marla Mansfield Dec 1998

Book Review: Protection Of Global Biodiversity: Converging Strategies, By Lakshman D. Guruswamy And Jeffrey Mcneely (Eds.), Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Shareholder Primacy Norm, D. Gordon Smith Dec 1998

The Shareholder Primacy Norm, D. Gordon Smith

Faculty Scholarship

Corporate directors have a fiduciary duty to make decisions in the best interests of the shareholders. This aspect of fiduciary duty is often called the shareholder primacy norm. Legal scholars generally assume that the shareholder primacy norm is a major factor considered by boards of directors of publicly traded corporations in making ordinary business decisions and that changing the shareholder primacy norm would have an effect on the substance of those decisions. This Article challenges this view and argues that the shareholder primacy norm was never equipped to mediate conflicts between shareholders and nonshareholder constituencies of a corporation. The origins …


Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss Dec 1998

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Faculty Scholarship

Professors Dukeminier and Krier's property casebook is reputed to be the market leader in Property casebooks; I have heard estimates that it has as much as a fifty percent market share. This position is well-deserved-the casebook is thorough, comprehensive, well-written, error free, and, a significant feature for new teachers, has the best teacher's manual I have encountered for any casebook in any subject. IBM once sold computers because "No one ever got fired for choosing IBM." An analogous claim can be made for this casebook-no one ever provoked significant faculty or student unrest by choosing Dukeminier and Krier.

In this …


Petition For Writ Of Certiorari Dec 1998

Petition For Writ Of Certiorari

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.


Petition For Writ Of Certiorari Dec 1998

Petition For Writ Of Certiorari

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.


Petition For Writ Of Certiorari Dec 1998

Petition For Writ Of Certiorari

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.


Appendix To Petitions For A Writ Of Certiorari Dec 1998

Appendix To Petitions For A Writ Of Certiorari

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.


Petition For A Writ Of Certiorari Dec 1998

Petition For A Writ Of Certiorari

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.


Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon Dec 1998

Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate adverse environmental impacts. The SEQRA process has several flexible time constraints, which through negotiation, may be extended. Issues often arise due to the discrepancies between SEQRA’s imposed time limits and the time limits imposed on land use boards to make determinations about proposed projects. The question of which time limits apply was determined in Sun Beach Real Estate Corp. v. Anderson Beach. In that case, the court held that decisions, such as site plan approval deadlines, do not …


Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz Dec 1998

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …


Vol. 15, No. 14 (December 7, 1998) Dec 1998

Vol. 15, No. 14 (December 7, 1998)

Indiana Law Annotated

No abstract provided.


State And Local Income And Franchise Tax Aspects Of Corporate Acquisitions, Peter L. Faber Dec 1998

State And Local Income And Franchise Tax Aspects Of Corporate Acquisitions, Peter L. Faber

William & Mary Annual Tax Conference

No abstract provided.


Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden Dec 1998

Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.


Learning To Live With The New Foreign Nongrantor Trust Rules, Carlyn S. Mccaffrey Dec 1998

Learning To Live With The New Foreign Nongrantor Trust Rules, Carlyn S. Mccaffrey

William & Mary Annual Tax Conference

No abstract provided.


Valuation Issues In Intra-Family Transfers, Louis A. Mezzullo Dec 1998

Valuation Issues In Intra-Family Transfers, Louis A. Mezzullo

William & Mary Annual Tax Conference

No abstract provided.


Impact Of Sales And Use Taxes On Corporate Transactions, Peter L. Faber Dec 1998

Impact Of Sales And Use Taxes On Corporate Transactions, Peter L. Faber

William & Mary Annual Tax Conference

No abstract provided.


Selected Recent Federal Income Tax Developments, Ira B. Shepard Dec 1998

Selected Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


Individual Tax Planning: Exhibit 1, James V. Duty Dec 1998

Individual Tax Planning: Exhibit 1, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.


Individual Tax Planning, James V. Duty Dec 1998

Individual Tax Planning, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.


Individual Tax Planning: Exhibit 3, James V. Duty Dec 1998

Individual Tax Planning: Exhibit 3, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.


Pass-Through Entity Update, Richard B. Robinson Dec 1998

Pass-Through Entity Update, Richard B. Robinson

William & Mary Annual Tax Conference

No abstract provided.


Practice Before The Irs After The Restructuring And Reform Act, T. Keith Fogg, Robert E. Lee Dec 1998

Practice Before The Irs After The Restructuring And Reform Act, T. Keith Fogg, Robert E. Lee

William & Mary Annual Tax Conference

No abstract provided.


Federal And State Audit Issues, William L.S. Rowe, D. French Slaughter Iii Dec 1998

Federal And State Audit Issues, William L.S. Rowe, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Individual Tax Planning: Exhibit 2, James V. Duty Dec 1998

Individual Tax Planning: Exhibit 2, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.


The Pitfalls And Problems Of The Generation-Skipping Tax, John B. O'Grady Dec 1998

The Pitfalls And Problems Of The Generation-Skipping Tax, John B. O'Grady

William & Mary Annual Tax Conference

No abstract provided.


S Corporations, Bryan P. Collins Dec 1998

S Corporations, Bryan P. Collins

William & Mary Annual Tax Conference

No abstract provided.


Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen Dec 1998

Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen

Research to Practice Series, Institute for Community Inclusion

An examination of the transition planning experiences and concerns of family members of young adults with special health care needs.


The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore Dec 1998

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Faculty Scholarship

This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …


Market Power And The Cross-Industry Behavior Of Prices Around A Business Cycle Trough, Jonathan Baker, Peter Woodward Dec 1998

Market Power And The Cross-Industry Behavior Of Prices Around A Business Cycle Trough, Jonathan Baker, Peter Woodward

Working Papers

Our paper examines the behavior of prices in a large number of highly-disaggregate industries around the trough of the business cycle. We conclude that the degree to which prices are pro- or counter-cyclical differs between business cycle peaks and business cycle troughs, and that the cyclical behavior of prices varies substantially across industries. We also observe a tendency for industry prices to rise immediately following a business cycle trough. In general, we accept a market power explanation for that observation: either oligopolists pricing above marginal cost take advantage of a cyclical tendency for demand functions to grow more inelastic in …


Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin Dec 1998

Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin

Cornell Law Faculty Publications

No abstract provided.