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1998

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Full-Text Articles in Law

Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo Dec 1998

Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo

UC Law SF Communications and Entertainment Journal

Nonprofit organizations are increasingly relying on the internet as a fundraising tool. This note provides an overview of tax issues affecting online fundraising and suggests certain tax planning strategies to avoid the Unrelated Business Income Tax (UBIT) rules in anticipation of the possible position that the U.S. Treasury and the Internal Revenue Service may take in the future regarding online fundraising.


The Internet And Political Campaigns: Some Early Considerations, Ibpp Editor Dec 1998

The Internet And Political Campaigns: Some Early Considerations, Ibpp Editor

International Bulletin of Political Psychology

This article provides hypotheses on the effects of the Internet on political campaigns. The IBPP staff hopes that researchers among its readers will attempt to evaluate these hypotheses through combinations of empiricism, rationalism, and other epistemological approaches.


The New Melting Pot: As American Attitudes Toward Foreigners Continue To Decline, Athletes Are Welcomed With Open Arms., Thomas R. Dominczyk Dec 1998

The New Melting Pot: As American Attitudes Toward Foreigners Continue To Decline, Athletes Are Welcomed With Open Arms., Thomas R. Dominczyk

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish Dec 1998

"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish

William & Mary Bill of Rights Journal

Abusive speech often is used effectively by harassers in the workplace to intimidate, terrorize, objectify, and humiliate their intended victims, thus helping to secure and maintain social inequality in the workforce, especially among racial and gender minority employees. Pursuant to the adoption of Title VII of the Civil Rights Act of 1964, the United States Supreme Court, in Meritor Savings Bank v. Vinson, interpreted the statute's anti-employment discrimination mandate as imposing liability for conduct or words in the workplace that have the purpose or effect of interfering with an employee's work performance or of creating an intimidating or hostile work …


From Hoops To Hard Drives: An Accession Law Approach To The Inevitable Misappropriation Of Trade Secrets , Jay L. Koh Dec 1998

From Hoops To Hard Drives: An Accession Law Approach To The Inevitable Misappropriation Of Trade Secrets , Jay L. Koh

American University Law Review

No abstract provided.


Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner Dec 1998

Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner

University of Michigan Journal of Law Reform

Current accretion analysis utilizes a variety of factors to determine whether to merge a non-unionized group of employees with a unionized group of employees within the same firm. The present construction of the analysis; however, ignores employee views and potential manipulation of the doctrine. By failing to account for these two important factors, current accretion analysis neglects two key concerns of the National Labor Relations Act - preventing employer discrimination and fostering uncoerced employee action and choice. This Note advocates a better approach, which gives proper weight to employee views and considers employer motive to control against the possibility of …


Adverse Possession Of Municipal Land: It's Time To Protect This Valuable Asset, Paula R. Latovick Dec 1998

Adverse Possession Of Municipal Land: It's Time To Protect This Valuable Asset, Paula R. Latovick

University of Michigan Journal of Law Reform

The laws of several states regarding adverse possession of municipal land vary widely from providing no protection to granting complete immunity from such loss. Generally, states that permit adverse possession of municipally owned land do so without articulating a rationale for allowing such a loss of a valuable municipal asset. In this Article, Professor Latovick describes why the current state of the law is unsatisfactory. She then considers the public policies raised by the issue of adverse possession of municipal land. Professor Latovick concludes by proposing that states should adopt legislation expressly protecting all municipal land from adverse possession and …


"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad Dec 1998

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad

University of Michigan Journal of Law Reform

Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by redistributing …


Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky Dec 1998

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …


Caribbean Asset Protection Trust: Here Comes The Sun: Dispelling The Dark Clouds Of Controversy, Denise C. Brown Dec 1998

Caribbean Asset Protection Trust: Here Comes The Sun: Dispelling The Dark Clouds Of Controversy, Denise C. Brown

University of Miami Business Law Review

The legends of offshore banking in the Caribbean have become a modem story of reverse piracy. Instead of bounty found, the tales are of money hidden. Unfortunately, the perceptions of Caribbean offshore banking, in particular offshore trusts, as nothing more than hidden treasure, are inaccurate and fail to recognize the value of this asset protection device as a legal, smart wealth shield.

In attempting to redeem the offshore trust as a legitimate planning instrument for asset protection, this comment will examine the concept of the offshore trust, describe how a site for offshore trusts is selected, focus on the popularity …


Spanish Investment Strategies In Latin America's Telecommunications Sector: Conquistadores Redux?, Gonzalo Garcia Jimenez Dec 1998

Spanish Investment Strategies In Latin America's Telecommunications Sector: Conquistadores Redux?, Gonzalo Garcia Jimenez

University of Miami Business Law Review

No abstract provided.


Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks Dec 1998

Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


2001: A Space Legislation Odyssey - A Proposed Model For Reforming The Intergovernmental Satellite Organizations , Henry Wong Dec 1998

2001: A Space Legislation Odyssey - A Proposed Model For Reforming The Intergovernmental Satellite Organizations , Henry Wong

American University Law Review

No abstract provided.


Editor's Note, Malcolm J. Tuesley Dec 1998

Editor's Note, Malcolm J. Tuesley

Federal Communications Law Journal

No abstract provided.


"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman Dec 1998

"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman

Federal Communications Law Journal

In 1998, the World Trade Organization’s (WTO) "Basic Telecom Agreement" dramatically opened to foreign competition basic telecommunications services of the sixty-nine WTO Members committing to the Agreement. The process and results of the WTO negotiations are important to telecommunications consumers because there will be increased market competition, thereby decreasing the price of such services and increasing consumer choice. The negotiations that led to the WTO Agreement resolved many difficult issues including: scheduling, regulator’s independence, competitive safeguards, and interconnection of telecommunications suppliers. The resolution of these issues will allow market access and foreign ownership in over 90 percent of major markets. …


Masthead Vol.51 No.1 (1998) Dec 1998

Masthead Vol.51 No.1 (1998)

Federal Communications Law Journal

No abstract provided.


A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman Dec 1998

A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman

Federal Communications Law Journal

As we celebrate the second anniversary of the Telecommunications Act of 1996, we can see that the predictions of instant cross-industry competition that were made at its birth were rather euphoric. Despite the unexpected twists and turns of the first two years, there have been a number of significant market developments suggesting that the lowering of barriers that the Act effected have put things on the right course. However, the success of the Act will be rather fragile during the next few years, as it is subject to reversal by market as well as judicial forces. We should therefore continue …


Liberalized Telecommunications Trade In The Wto: Implications For Universal Service Policy, Taunya L. Mclarty Dec 1998

Liberalized Telecommunications Trade In The Wto: Implications For Universal Service Policy, Taunya L. Mclarty

Federal Communications Law Journal

The basic telecommunications commitments associated with the General Agreement on Trade in Services significantly affect market liberalization. Ultimately, a domestic legal framework that incorporates, as a part, some cost sharing for the furtherance of socially beneficial domestic policy would increase universal access benefits for some. Any detriment to those who are bearing the costs of it would be offset by the benefits that are obtained from GATS commitments on telecommunications that reduced trade barriers on services. Thus, this domestic/international arrangement could increase access to basic and enhanced services for some without decreasing universal service to any.


From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak Dec 1998

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

With the creation and implementation of the February 1996 World Trade Organization Agreement on Basic Telecommunications Services, the international telecommunications community has (at least on paper) promised ostensibly to move away from markets characterized by monopolies and toward a world of competition and deregulation. The big question, however, is whether these efforts will actually lead to better economic performance in the market for international telecommunications products and services. This Article examines one particular, yet extremely significant, portion of this inquiry—how much have U.S. international telecommunications policies specifically helped or hindered this process. This Article, after surveying Federal Communications Commission (FCC …


Tribute To Judge Rabinowitz, Steve Williams Dec 1998

Tribute To Judge Rabinowitz, Steve Williams

Alaska Law Review

No abstract provided.


Ravin Revisited: Do Alaskans Still Have A Constitutional Right To Possess Marijuana In The Privacy Of Their Homes?, Andrew S. Winters Dec 1998

Ravin Revisited: Do Alaskans Still Have A Constitutional Right To Possess Marijuana In The Privacy Of Their Homes?, Andrew S. Winters

Alaska Law Review

No abstract provided.


Blowing Hot And Cold On The Frozen Tundra: A Review Of Alaska’S Quasi-Estoppel Doctrine, Michael D. Moberly, Laura L. Farley Dec 1998

Blowing Hot And Cold On The Frozen Tundra: A Review Of Alaska’S Quasi-Estoppel Doctrine, Michael D. Moberly, Laura L. Farley

Alaska Law Review

No abstract provided.


Smoking Is Dangerous To Your Health: Especially If You Are A Sports Advertiser, Eric D. Brophy Dec 1998

Smoking Is Dangerous To Your Health: Especially If You Are A Sports Advertiser, Eric D. Brophy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Salt Equalizer, Vol. 1998, Issue 3, Society Of American Law Teachers Dec 1998

Salt Equalizer, Vol. 1998, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Theresa Glennon & Paula C. Johnson, SALT Honors Tony Amsterdam, Jesse Stone at the Annual Awards Dinner, at 1.

Phoebe A. Haddon & Stephanie M. Wildman, Presidents' Column, at 2.

Paula C. Johnson, SALT Launches Multi-Media Resource Guide, at 4.

Joyce Saltalamachia, SALT Board Meets in Los Angeles, at 6.

SALT Teaching Conference a Huge Success!, at 7.

SALT Events at the Annual AALS Meeting: New Orleans, at 12.

Howard A. Glickstein, SALT Salary Survey, at 18.

Susan Milner, Encountering Marc Feldman, at 18.

Marjorie Cohn, "Guild Practitioner" …


Foreword: The Legacy Of Chancellor Kent, Harold J. Krent Dec 1998

Foreword: The Legacy Of Chancellor Kent, Harold J. Krent

Chicago-Kent Law Review

No abstract provided.


Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt Dec 1998

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Chicago-Kent Law Review

No abstract provided.


The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies Dec 1998

The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies

Duke Law Journal

Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …


Holmes And The Romantic Mind, Anne C. Dailey Dec 1998

Holmes And The Romantic Mind, Anne C. Dailey

Duke Law Journal

Oliver Wendell Holmes, Jr. is perhaps best known for his "tough-minded" jurisprudence based on objective standards of reasonableness. Scholars have traditionally understood Holmes's jurisprudential outlook as fundamentally behavioristic. Professor Dailey challenges that understanding, revealing the importance of Romantic psychology in Holmes's major writings. His outlook, she argues, was shaped by his belief in unconscious motivations, imagination, irrationality and instinctual drives. Rather than simply characterize Holmes as a "Romantic," Professor Dailey draws out the conflict in his thought, illuminating his struggle to develop an empirical approach to law that could also account for the depth and complexity of human nature.


State Sales & Use Tax On Internet Transactions, Sandi Owen Dec 1998

State Sales & Use Tax On Internet Transactions, Sandi Owen

Federal Communications Law Journal

The explosive growth of electronic commerce raises serious questions about the viability of the current state sales and use tax system. Sales via the Internet and other electronic means are changing both the form and substance of consumer transactions, and such sales often do not satisfy the traditional nexus requirement for state taxation because on-line vendors frequently lack physical presence in the purchaser’s home state. The inability to collect taxes on this growing segment of the retail sales market will impair states’ efforts to raise revenues and cause economically similar transactions to be treated differently. Consequently, Congress must act pursuant …