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Articles 1 - 30 of 52
Full-Text Articles in Law
Sentencing Policies And Practices In International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant
Sentencing Policies And Practices In International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant
Scholarly Articles
Not available.
Judicial Activism Is Not The Solution To The Attorney's Fee Problem, Brant J. Hellwig
Judicial Activism Is Not The Solution To The Attorney's Fee Problem, Brant J. Hellwig
Scholarly Articles
The report responds to criticism of the Tax Court's decision in Biehl v. Commissioner, in which the court determined that contingency fees paid to the taxpayer's attorney in employment litigation did not constitute an above-the-line deduction under section 62(a)(2)(A). The report examines the relevant statutes, regulations, and legislative history and concludes that the Tax Court reached the correct decision. Professor Hellwig further contends that had the Tax Court interpreted section 62(a)(2)(A) to grant above-the-line status to the attorney's fees in this case to avoid the disallowance of the miscelleaneous itemized deduction for attorney's fees under the alternative minimum tax, the …
Estate Of Strangi, Section 2036, And The Continuing Relevance Of Byrum, Brant J. Hellwig
Estate Of Strangi, Section 2036, And The Continuing Relevance Of Byrum, Brant J. Hellwig
Scholarly Articles
This report analyzes the potential application of section 2036(a) to limited partnerships employed for estate planning purposes, using the facts of Tax Court case of Estate of Strangi v. Commissioner as a guide. Particular emphasis is placed on the Commissioner's argument for inclusion under section 2036(a)(2) based on the taxpayer's control over the property transferred to the partnership, as well as the taxpayer's argument under the Supreme Court case of United States v. Byrum that the existence of the taxpayer's fiduciary duty to the partnership negates the application of section 2036 altogether. The report concludes that, because the essential facts …
Enron And The Dark Side Of Worker Ownership, David K. Millon
Enron And The Dark Side Of Worker Ownership, David K. Millon
Scholarly Articles
None available.
Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands
Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands
Scholarly Articles
Not available.
Terrorism And The Bill Of Rights, Rodney A. Smolla
Terrorism And The Bill Of Rights, Rodney A. Smolla
Scholarly Articles
In this article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case which dealt with a Virginia law that banned cross-burning. While the legal doctrines argued in the Black case were certainly important then, they took on a whole new importance in light of the attacks on September 11, 2001. Professor Smolla discusses whether the terrorist attacks should affect the freedoms of speech and expression in America, concluding that, while horrific and life-changing, the attack on America should not alter our First Amendment rights.
The Puffery Of Lawyers, Rodney A. Smolla
The Enron Pension Disaster, David K. Millon
Rethinking The Law Of Creditors' Rights In Trusts, Robert T. Danforth
Rethinking The Law Of Creditors' Rights In Trusts, Robert T. Danforth
Scholarly Articles
No abstract provided.
Northern Economic Obligation, Southern Moral Entitlement, And International Environmental Governance, Mark A. Drumbl
Northern Economic Obligation, Southern Moral Entitlement, And International Environmental Governance, Mark A. Drumbl
Scholarly Articles
Not available.
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Scholarly Articles
This Article posits that the September 11 attacks constitute nonisolated warlike attacks undertaken against a sovereign state by individuals from other states operating through a non-state actor with some command and political structure. This means that the attacks contain elements common to both armed attacks and criminal attacks. The international community largely has characterized the attacks as armed attacks. This characterization evokes a legal basis for the use of force initiated by the United States and United Kingdom against Afghanistan on October 7, 2001. Notwithstanding the successes of the military campaign and the need for containment of terrorist activity, this …
Poverty, Wealth, And Obligation In International Environmental Law, Mark A. Drumbl
Poverty, Wealth, And Obligation In International Environmental Law, Mark A. Drumbl
Scholarly Articles
Developing nations are demonstrating some success in basing their participation in international environmental governance upon commitments by developed nations to provide financial resources and technology transfer. In recent years, these commitments have achieved textual status with a number of multilateral agreements. Part II of this Article identifies and documents treaty-based examples of this swap of resources in exchange for participation, with particular focus on the areas of climate change, biodiversity use/conservation, and ozone protection. This Article suggests that this swap represents a dynamic and emerging relationship between the North and the South that can best be described as a "shared …
Reclaiming An Ethic Of Corporate Responsibility, Lyman P.Q. Johnson
Reclaiming An Ethic Of Corporate Responsibility, Lyman P.Q. Johnson
Scholarly Articles
No abstract provided.
The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson
The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson
Scholarly Articles
Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a …
Rights Of Embryo And Foetus In Private Law, Timothy Stoltzfus Jost
Rights Of Embryo And Foetus In Private Law, Timothy Stoltzfus Jost
Scholarly Articles
This article summarizes the rights of the embryo and fetus under American law. It was presented as a country report at the World Congress on Comparative Law, and is written primarily for a non U.S. audience. It examines, for example, the legal position of the embryo and fetus with respect to their parents, issues in research involving embryos and fetuses, remedies for torts or crimes against an embryo or fetus, and issues involving stem cell research.
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Scholarly Articles
Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
Scholarly Articles
None available.
First Peoples, First Principles: The Sentencing Commission's Obligation To Reject False Images Of Criminal Offenders, Nora V. Demleitner
First Peoples, First Principles: The Sentencing Commission's Obligation To Reject False Images Of Criminal Offenders, Nora V. Demleitner
Scholarly Articles
Driven by public concern about sex offenses, in recent years Congress has repeatedly enhanced the penalties for federal sex offenders. In doing so, it has responded to the predominant portrayal of sex offenders as inhuman predators, and heeded the demand of victims rights groups for longer sentences. However, it has failed to consider the special make-up of the sex offender population sentenced in federal court. While only a small number of all sex offenders are sentenced in federal court, over half of them are Native Americans. The culpability and future risk of many Native American sex offenders, however, differs dramatically …
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
Scholarly Articles
None available.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
None available.
Worker Ownership Through 401(K) Retirement Plans: Enron's Cautionary Tale, David K. Millon
Worker Ownership Through 401(K) Retirement Plans: Enron's Cautionary Tale, David K. Millon
Scholarly Articles
None available.
Why Is Corporate Management Obsessed With Quarterly Earnings And What Should Be Done About It?, David K. Millon
Why Is Corporate Management Obsessed With Quarterly Earnings And What Should Be Done About It?, David K. Millon
Scholarly Articles
None available.
Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison
Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison
Scholarly Articles
None available.
The First Amendment And The New Civil Liability, Rodney A. Smolla
The First Amendment And The New Civil Liability, Rodney A. Smolla
Scholarly Articles
Not available.
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
Scholarly Articles
Not available.
Accounting For The Slow Growth Of American Privacy Law, Rodney A. Smolla
Accounting For The Slow Growth Of American Privacy Law, Rodney A. Smolla
Scholarly Articles
Not available.
Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla
Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla
Scholarly Articles
Not available.
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Scholarly Articles
Not available.
Fuzzy Logic And The Sliding Scale Theorem, Frederic L. Kirgis
Fuzzy Logic And The Sliding Scale Theorem, Frederic L. Kirgis
Scholarly Articles
The law operates principally in the context of ordinary transactions and relationships. Consequently it is important to develop insights into how it operates in the everyday world. To resolve recurring legal issues in everyday affairs, judges and other decision-makers sometimes use formulas. When a legal formula contains two elements, as several do, a process of fuzzy logic produces a result that is a function of a sliding scale between the elements. Thus, if physical presence in a new state + intent to remain = change of domicile, there will be degrees of each element, such that the degree of physical …
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Scholarly Articles
Not available.