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Articles 1 - 23 of 23

Full-Text Articles in Law

A Critique Of The Business-Purpose Doctrine, Robert S. Summers Dec 1961

A Critique Of The Business-Purpose Doctrine, Robert S. Summers

Cornell Law Faculty Publications

The aims of this article are: (1) to define the nature and significance of the business-purpose doctrine as applied in the field of Federal income taxation; (2) to summarize several considerations that support abandonment of the doctrine; and (3) to consider whether a substitute doctrine is needed. Several recent cases indicate that the influence of the business-purpose doctrine is declining, and in the recent case of Knetsch v. United States the Supreme Court appears to have substituted an alternative doctrine. The dual thesis of the present article is that the business-purpose doctrine ought to be abandoned and that there is …


Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent Oct 1961

Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent

Cornell Law Faculty Publications

Involvement of the Supreme Court of the United States with highly charged public issues understandably occasions fresh debate concerning the proper role of the Court in determining questions of ultimate governmental power, in short, debate over the doctrine of judicial review.

As it is sometimes difficult for the judge to distinguish between what is unconstitutional and what is merely unwise, so it is difficult for the critic to disassociate his reaction to the results reached in a given case from his evaluation of the competence of the particular judicial performance. For some the failure to draw such a line robs …


Libel-By-Extrinsic-Fact , Harry G. Henn Sep 1961

Libel-By-Extrinsic-Fact , Harry G. Henn

Cornell Law Review

No abstract provided.


Delegata Potestas Non Potest Delegari A Maxim Of American Constitutional Law, Horst P. Ehmke Sep 1961

Delegata Potestas Non Potest Delegari A Maxim Of American Constitutional Law, Horst P. Ehmke

Cornell Law Review

No abstract provided.


Outrageousness And Privilege In The Law Of Emotional Distress A Suggestion , Charles B. Hochman Sep 1961

Outrageousness And Privilege In The Law Of Emotional Distress A Suggestion , Charles B. Hochman

Cornell Law Review

No abstract provided.


American Foreign Policy In The 20th Century Under An 18th-Century Constitution , J. William Fulbright Sep 1961

American Foreign Policy In The 20th Century Under An 18th-Century Constitution , J. William Fulbright

Cornell Law Review

No abstract provided.


Paradoxes In Law Enforcement, E. F. Roberts Aug 1961

Paradoxes In Law Enforcement, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, E. F. Roberts Jul 1961

Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Limitations In Prosecuting Civil Rights Violations , Harry H. Shapiro Jun 1961

Limitations In Prosecuting Civil Rights Violations , Harry H. Shapiro

Cornell Law Review

No abstract provided.


Antitrust Policy And Constitutional Theory, Richard B. Wilson Jun 1961

Antitrust Policy And Constitutional Theory, Richard B. Wilson

Cornell Law Review

No abstract provided.


Pleading And Pre-Trial Of An Antitrust Claim , Fred A. Freund Jun 1961

Pleading And Pre-Trial Of An Antitrust Claim , Fred A. Freund

Cornell Law Review

No abstract provided.


Commercial Law – 1960 Oregon Survey, Robert S. Summers Apr 1961

Commercial Law – 1960 Oregon Survey, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Contracts – 1960 Oregon Survey, Robert S. Summers Apr 1961

Contracts – 1960 Oregon Survey, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Constitutional Rights In Juvenile Courts , Chester James Antieau Mar 1961

Constitutional Rights In Juvenile Courts , Chester James Antieau

Cornell Law Review

No abstract provided.


Powers Of Appointment And Selective Allocation , Joel E. Hoffman Mar 1961

Powers Of Appointment And Selective Allocation , Joel E. Hoffman

Cornell Law Review

No abstract provided.


Reflections On The Sit-Ins , Earl Lawrence Carl Mar 1961

Reflections On The Sit-Ins , Earl Lawrence Carl

Cornell Law Review

No abstract provided.


Diversification Of Ownership In The Regulated Industries – The Folklore Of Regulation, Roger C. Cramton Jan 1961

Diversification Of Ownership In The Regulated Industries – The Folklore Of Regulation, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Freedom Of Association And Freedom Of Choice In New York State , Anthony Charles Vance Jan 1961

Freedom Of Association And Freedom Of Choice In New York State , Anthony Charles Vance

Cornell Law Review

No abstract provided.


A Note On Symbolic Logic And The Law, Robert S. Summers Jan 1961

A Note On Symbolic Logic And The Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Presumptions: Phenomena On The Periphery, E. F. Roberts Jan 1961

Presumptions: Phenomena On The Periphery, E. F. Roberts

Cornell Law Faculty Publications

In examining the law of evidence relative to the functions served by the device called “rebuttable presumption,” two classes of cases constantly tantalize the analyst and irritate the purist. The first concerns those instances where courts which regularly pay homage at the altar of Thayer suddenly and inexplicably send the question whether a presumption has been rebutted to the trier of fact. The second involves those courts which insist that, while the presumption mechanism does not shift the risk of non-persuasion to the opponent, the question whether the presumption has been rebutted always and quite properly ought to be decided …


Herbert David Laube, John W. Macdonald Jan 1961

Herbert David Laube, John W. Macdonald

Cornell Law Review

No abstract provided.


House I Live In A Study Of Housing For Minorities, Milton L. Mcghee, Ann Fagan Ginger Jan 1961

House I Live In A Study Of Housing For Minorities, Milton L. Mcghee, Ann Fagan Ginger

Cornell Law Review

No abstract provided.


Soviet Bar , Albert C. Malone Jr. Jan 1961

Soviet Bar , Albert C. Malone Jr.

Cornell Law Review

No abstract provided.