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The Forum (Volume 23, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Record - Vol. 21, Issue 12, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Happy Anniversary, Anita And Clarence!, Bruce Berner

Law Faculty Publications

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

The Advocate, The Advocate, Fordham Law School

The Advocate

The J.A.G. Controversy; O.W.L.S. Spotted on Campus

The Lemonade Stand: Feminist And Other Reflections On The Limited Liability Of Corporate Shareholders, Theresa A. Gabaldon

Vanderbilt Law Review

The sultriness that was summer in D.C. blanketed the pedestrians returning to Capitol Hill. Trickling toward home through air that passively resisted, I almost overlooked a shape emerging from the haze of my own street. It might have been some atmospherically-induced apparition; rather, there, in the 1990s, in front of a well-kept urban rowhouse with door adorned by yuppie wreath, sat an immaculate child, seraphically presiding over a linen-covered table bearing a pitcher made of Tupperware. His neatly lettered sign, presumably prepared by an invisible caregiver in endorsement of his enterprise, read "Lemonade - 50 Cents."

The little boy with …

The Taxation Of Nonshareholder Contributions To Capital: An Economic Analysis, Thomas L. Evans

Vanderbilt Law Review

Every year, billions of dollars are contributed to corporations by persons who are neither owners nor shareholders of those corporations. These contributions, categorized under the income tax laws as "non- shareholder contributions to capital," play an important economic role in subsidizing the construction of new factories and other improvements to the nation's infrastructure.

This Article concerns the federal income tax treatment of the two principal categories of nonshareholder contributions to capital, which together encompass the great majority of these transactions. The first category consists of contributions made for the purpose of obtaining economic development. Typically, this occurs when governments and …

Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa

Cornell Law Review

No abstract provided.

Newsletter Vol.20 No.4 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Closing The Book On The School Trust Lands, C. Maison Heidelberg

Vanderbilt Law Review

Public education in the United States faces a crisis. Financially strapped state and local governments find funding more and more difficult to supply; as a result, the quality of public education suffers. Predictably citizens are concerned, yet they resist paying increased taxes to meet the rising costs.

School trust lands provide one potential source of extra revenue. Though their existence is not well known, these lands are tremendous assets held by most states other than the original thirteen. In general, they have produced significant amounts of revenue for public education, yet historically state management of the lands has been marred …

Gender Neutral Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Continuation of article above including discussions of personal pronouns, use of "they," and sex-neutral terms.

Reconceptualizing Sovereign Immunity, Harold J. Krent

Vanderbilt Law Review

The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …

Arguing For Economic Equality, John Baker

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - Febuary 10, 1992.

Ndls Update 11/1992, Notre Dame Law School

NDLS Update

No abstract provided.

Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett

Missouri Law Review

For the last twenty years, much of the discussion about the criminal justice system has focused on criminal sentencing. Prior to 1970, the states and the federal government used indeterminate sentencing, a method whereby judges and parole boards exercised a great deal of discretion over the length of criminal sentences. This Article discusses the reasons why sentencing guidelines are the best way to achieve proportionality and uniformity in the sentencing of criminal offenders. Sentencing guidelines have been implemented in a number of states and the federal system, and, thus, the successes and failures of those reforms offer lessons for future …

Revised Articles 3 And 4 Of The Uniform Commercial Code: A Friendly Critique, Daniel E. Murray

University of Miami Law Review

No abstract provided.

Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean

Missouri Law Review

The last sixty years have witnessed an enormous growth at the federal and state levels in both the number and size of administrative bureaucracies.' Agencies have been created to implement and administer legislation passed by the Congress or state legislatures. The grant of rulemaking authority has been given to executive agencies because legislatures have often found themselves unable, or unwilling, to fine-tune laws addressing today's increasingly complex society. The fine-tuning has been left to administrative agencies, particularly where scientific, economic, or other expertise is needed to determine how the law should be implemented. The purpose of this Article is to …

Missouri Child Support Guidelines, Jennifer Clifton Ferguson

Missouri Law Review

The Child Support Enforcement Amendments of 1984' and the Family Support Act of 1988, are designed to improve the adequacy, consistency, and collectability of child support awards. These two laws require states to develop specific guidelines providing a numerical formula for the determination of child support award amounts' and require that the guidelines be presumptive. Following the federal mandate, the Missouri Supreme Court enacted child support guidelines which have been mandatory since April 1, 1990.

Table Of Book Reviews/Comments

Missouri Law Review

Table of Book Reviews/Comments

Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard

Missouri Law Review

This Article examines what good faith and fair dealing mean in the workplace, particularly where the relationship between employer and employee is otherwise presumed to be "at will." The conclusion is that except in sporadic situations, the concept of good faith and fair dealing is too vague to be helpful to either party or even to the court. The good faith and fair dealing construct, as currently understood, should be abandoned in the employment context, as should the at will presumption. They should be replaced by legislative prohibition of termination absent good cause. The Model Employment Termination Act' is an …

Index To Subjects Covered In Volume 56

Missouri Law Review

Index to Subjects Covered in Volume 58

New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff

Missouri Law Review

A common method of dispute resolution in institutional reform litigation is the consent decree. Although they are entered into voluntarily, consent decrees are sanctioned by courts in the same manner as other final judgments under Federal Rule of Civil Procedure 60(b) The consent decree has been used to avoid court-ordered remedies which do not adequately meet the needs of either party in the dispute. The traditional standard for the modification of such decrees is the "grievous wrong" standard.' By maintaining this rigorous standard, courts have guarded against modifications of consent decrees to bring order to the highly chaotic and controversial …

Table Of Lead Articles/Essays

Missouri Law Review

Table of Lead Articles/Essays

Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison

Missouri Law Review

In 1980, Missouri voters adopted an amendment to the Missouri Constitution. The amendment, commonly called the Hancock Amendment, limited the power of state and local governments to raise taxes by requiring voter approval for tax increases and by Placing a spending limit on the state government. One of the controversial issues has been whether fees charged for governmental services may be raised without a vote. Initially, the Missouri Supreme Court, employing the plain meaning rule, held that such fees could not be raised without voter consent. Keller v. Marion County Ambulance District, the subject of this Note, marks a welcome …

Table Of Notes

Missouri Law Review

Table of Notes

Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla

Missouri Law Review

The Voting Rights Act of 1965 triggered profound changes in southern politics, providing the impetus for a revolution in minority voting rights. Despite the passage of the Fifteenth Amendment almost a hundred years before, African-Americans in most southern states could not effectively exercise the right to vote. Congress acted in response to this "long and sorry history" by passing the Voting Rights Act. Section 5, a key provision of the Act, targets particular southern states for federal scrutiny of their electoral practices. In Presley, the Court considered whether seemingly routine administrative decisions that resulted in a dilution of the authority …

The New York Law School Reporter, November 1992, New York Law School

Student Newspapers

No abstract provided.

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Articles

No abstract provided.

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Michigan Law Review

In this article, I have two principal goals. The first is to explain why Lujan's invalidation of a congressional grant of standing is a misinterpretation of the Constitution. It is now apparently the law that Article III forbids Congress from granting standing to "citizens" to bring suit. But this view, building on an unfortunate innovation in standing law by Justice William 0. Douglas, is surprisingly novel. It has no support in the text or history of Article III. It is essentially an invention of federal judges, and recent ones at that. Certainly it should not be accepted by judges …

Board Of Editors, North Carolina Law Review

North Carolina Law Review

No abstract provided.