Law Commons^™

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

William & Mary Annual Tax Conference

No abstract provided.

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

William & Mary Annual Tax Conference

No abstract provided.

S Corporations, Bryan P. Collins

William & Mary Annual Tax Conference

No abstract provided.

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.

Pregnancy-Based Sex Discrimination, Robert Richard Rico

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

No abstract provided.

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina R. Wells

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

Given the status of the participants, the nature of the scandal, the potential political ramifications, and the melee accompanying the recently-released Independent Counsel's report, the unrelenting media coverage of the Clinton-Lewinsky affair is unsurprising. Wallowing in the libidinous transgressions of this country's most powerful leader would prove almost irresistible to a citizenry practically obsessed with sex. Of course, this coverage has provided the President's critics with an unending platform from which to call, depending upon their point of view, for his (a) apology, (b) resignation, or (c) impeachment. Many of the President's detractors, however, have not limited their criticism to …

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

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

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

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 …

Suspicionless Drug Testing And Chandler V. Miller: Is The Supreme Court Making The Right Decisions, Ross H. Parr

William & Mary Bill of Rights Journal

During the last decade, the United States Supreme Court has rendered four major decisions regarding the validity of suspicionless drug testing policies. Such drug testing policies have become a common way for employers and other interested parties-including the government-both to deter the use of drugs and to determine who is acting under the influence of illegal narcotics. Because government officials often randomly select individuals for drug testing, some of these individuals have charged that a governmental drug testing policy violates the Fourth Amendment. The Supreme Court found this argument unconvincing in three cases decided between 1989 and 1997, but in …

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

American University Law Review

No abstract provided.

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 …

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

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

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

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 …

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

Cornell Law Faculty Publications

No abstract provided.

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

University of Miami Business Law Review

No abstract provided.

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

Articles

No abstract provided.

Management Of The California State Water Project, California Department Of Water Resources

California Agencies

This Bulletin continues the Bulletin 132 annual series begin in 1963. This Bulletin updates water supply planning, construction, financing, management, and operation activities of the State Water Project. Appendix B contains date and computations used to determine the State Water Project contractors' Statement of Charges for 1998.

The bulletin discusses significant events and issues that affect SWP management and operations. Some items may be discussed in more than one bulletin since departmental programs are based on either the water year, calendar year, or fiscal year. This bulletin covers the period from Oct. 1, 1995, to June 30, 1997.

This bulletin …

Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei

Ugo Mattei

No abstract provided.

Four Stories About Copyright Law And Appropriation Art, Matthew Rimmer

Matthew Rimmer

This article considers copyright law and the art of appropriation in an Australian context. It tells four stories about Australian artists - Imants Tillers, Gordon Bennett, Juan Davila and Tracey Moffatt. The stories examine the postmodern critique of copyright law, indigenous copyright and self-determination, the introduction of moral rights, and copyright, photography and film. The article concludes that the work of such contemporary artists has practical implications for the reform of copyright law.

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

Michael J. Madison

ProCD, Inc. v. Zeidenberg, which enforced a "shrinkwrap" license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …

Understanding The Time Path Of Crime, John Donohue

John Donohue

No abstract provided.

Some Thoughts On Law And Economics And The Theory Of Second Best, John Donohue

John Donohue

No abstract provided.