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1998

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Articles 5581 - 5610 of 7680

Full-Text Articles in Law

Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard Jan 1998

Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard

St. Mary's Law Journal

This Comment evaluates tax classification of computer software in Texas under recent statutory provisions and case law. The author focuses on whether computer software constitutes tangible or intangible property and whether computer software should be taxable or not. Determining property classification is not easy—the term “computer software” is difficult to define, and the multitude of different types of computer software further obscures the formation of a uniform definition. The Texas legislature’s ability to tax both tangible and intangible property makes classifying computer software as either type unnecessary. Texas can resolve the conflict in its tax classification system, wherein computer software …


A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle Jan 1998

A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle

St. Mary's Law Journal

Abstract Forthcoming.


Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan Jan 1998

Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan

St. Mary's Law Journal

Abstract Forthcoming.


Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber Jan 1998

Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber

St. Mary's Law Journal

Although originally federal courts were sources of new rights available to those accused of capital crimes, federal courts have become extremely difficult to access. One reason for this is the United States Supreme Court showing a marked lack of interest in developing new constitutional doctrine helpful to the accused. Another reason for the diminished role is that access to federal courts is so difficult. Frequently, access is difficult because the issues lawyers want federal courts to address have never been adequately presented in state courts. Yet, federal venues remain essential to capital punishment litigation. It is considerably easier to define …


Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian Jan 1998

Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian

St. Mary's Law Journal

The concept of “victims’ rights” refers to the movement from the 1950s which focuses on enhancing the role of the victim in the criminal process. The movement changed dramatically the manner in which capital cases are investigated and prosecuted. Prosecutors may work with the victims’ families on whether to accept a plea bargain or whether to seek the death penalty. The victims’ families may now also provide victim impact statements to let their own suffering influence the jury during the sentencing phase. The right of the victim’s family to have a say in the process does not end with the …


Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth Jan 1998

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.


Copyright Issues For The Technological Classroom : What Is Permissible Under Current Copyright Law And Guidelines For Educators In The Design And Use Of Multimedia, Disance Learning, And Other Recent Technological Advances?, Anthony Kenneth Clark Jan 1998

Copyright Issues For The Technological Classroom : What Is Permissible Under Current Copyright Law And Guidelines For Educators In The Design And Use Of Multimedia, Disance Learning, And Other Recent Technological Advances?, Anthony Kenneth Clark

Graduate Research Papers

Technologies, such as computers, Internet, electronic mail etc., offer educational institutions limitless opportunities for learning and teaching. While technological advancements encourage academia to boldly go where no one has gone before, there are legitimate copyright and intellectual property concerns that need to be addressed. The current copyright law passed in 1976, although it legally established the Fair Use principle, is inadequate given the age we live in.

To encourage dialogue, this review of the literature will explore the applicability of copyright law to educators in the electronic environment. Current law, established guidelines, and recent court decisions will be discussed in …


The Laogai And Violations Of International Human Rights Law: A Mandate For The Laogai Charter, Melissa Pearson Fruge Jan 1998

The Laogai And Violations Of International Human Rights Law: A Mandate For The Laogai Charter, Melissa Pearson Fruge

Santa Clara Law Review

No abstract provided.


Books Received, Santa Clara Law Review Jan 1998

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Changing The Rules: Should Courts Limit The Power Of Common Interest Communities To Alter Unit Owners' Privileges In The Face Of Vested Expectations?, Patrick A. Randolph Jr. Jan 1998

Changing The Rules: Should Courts Limit The Power Of Common Interest Communities To Alter Unit Owners' Privileges In The Face Of Vested Expectations?, Patrick A. Randolph Jr.

Santa Clara Law Review

No abstract provided.


Congress In Relief: The Economic Importance Of Revoking Baseball's Antitrust Exemption, Joshua Hamilton Jan 1998

Congress In Relief: The Economic Importance Of Revoking Baseball's Antitrust Exemption, Joshua Hamilton

Santa Clara Law Review

No abstract provided.


The Misappropriation Theory Of Insider Trading: What Constitutes A Similar Relationship Of Trust And Confidence, Keith Valory Jan 1998

The Misappropriation Theory Of Insider Trading: What Constitutes A Similar Relationship Of Trust And Confidence, Keith Valory

Santa Clara Law Review

No abstract provided.


Book Review [Republicanism: A Theory Of Freedom And Government], Santa Clara Law Review Jan 1998

Book Review [Republicanism: A Theory Of Freedom And Government], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson Jan 1998

Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson

Faculty Articles

The ABA Journal presents women in the legal system in a similar fashion to the presentation of women in the journals of other professions. Women are portrayed in traditional sex roles, they are pictured passively and they are often shown negatively as victims. In the volumes the authors studied, they found that the numbers of images of attorneys, judges and professors were not proportionate to the number of men and women in the legal profession. Moreover, the ABA Journal predominantly displayed women as dependent on their male counterparts. The authors also found instances where the ABA Journal portrayed women as …


El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr. Jan 1998

El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.

Law Faculty Scholarship

No abstract provided.


Gambling With First Amendment Rights: Playing The Cards Dealt By Valley Broadcasting Co. V. United States, David Jones Jan 1998

Gambling With First Amendment Rights: Playing The Cards Dealt By Valley Broadcasting Co. V. United States, David Jones

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Establishing The Boundaries Of First Amendment Protection For Speech In The Cyberspace Frontier: Reno V. Aclu, Michael J. Merchant Jan 1998

Establishing The Boundaries Of First Amendment Protection For Speech In The Cyberspace Frontier: Reno V. Aclu, Michael J. Merchant

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Phoenix Phillies V. The Philadelphia Phillies: A Recently Discovered Opinion On Baseball And The Antitrust, The Exemption, Joseph W. Dellapenna Jan 1998

The Phoenix Phillies V. The Philadelphia Phillies: A Recently Discovered Opinion On Baseball And The Antitrust, The Exemption, Joseph W. Dellapenna

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion Jan 1998

When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Warning: Your Tobacco Sponsorship May Be Hazardous To Our Nation's Health, Robin A. Longaker Jan 1998

Warning: Your Tobacco Sponsorship May Be Hazardous To Our Nation's Health, Robin A. Longaker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Unidroit Convention On Stolen Or Illegally Exported Cultural Objects Confirms A Separate Property Status For Cultural Treasures, Marilyn E. Phelan Jan 1998

The Unidroit Convention On Stolen Or Illegally Exported Cultural Objects Confirms A Separate Property Status For Cultural Treasures, Marilyn E. Phelan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


What's In The Cards For The Future Of Indian Gaming Law, William Bennett Cooper Iii Jan 1998

What's In The Cards For The Future Of Indian Gaming Law, William Bennett Cooper Iii

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Conflicts For Sports And Entertainment Attorneys: The Good News, The Bad News, And The Ugly Consequences, John A. Walton Jan 1998

Conflicts For Sports And Entertainment Attorneys: The Good News, The Bad News, And The Ugly Consequences, John A. Walton

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Legal Future Of Reality Cop Shows: Parker V. Boyer Dismisses 1983 Claims Against Police Officers And Television Stations Jointly Engaged In Searches Of Homes, Christopher A. Rothe Jan 1998

The Legal Future Of Reality Cop Shows: Parker V. Boyer Dismisses 1983 Claims Against Police Officers And Television Stations Jointly Engaged In Searches Of Homes, Christopher A. Rothe

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Recovery Of Stolen Cultural Property: A Practitioner's View - War Stories And Morality Tales, Lawrence M. Kaye Jan 1998

The Recovery Of Stolen Cultural Property: A Practitioner's View - War Stories And Morality Tales, Lawrence M. Kaye

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Seizure And Forfeiture Of Cultural Property By The United States, James A.R. Nafziger Jan 1998

Seizure And Forfeiture Of Cultural Property By The United States, James A.R. Nafziger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Human Cloning: A Choice Or An Echo, George J. Annas Jan 1998

Human Cloning: A Choice Or An Echo, George J. Annas

University of Dayton Law Review

No abstract provided.


Pretextual Traffic Stops: Protecting Our Streets Or Racist Police Tactics, Kathleen M. O'Day Jan 1998

Pretextual Traffic Stops: Protecting Our Streets Or Racist Police Tactics, Kathleen M. O'Day

University of Dayton Law Review

No abstract provided.


The First Amendment Fails To Protect Lesbian Love In The Eleventh Circuit, Allison Dawn Gough Jan 1998

The First Amendment Fails To Protect Lesbian Love In The Eleventh Circuit, Allison Dawn Gough

University of Dayton Law Review

114 F.3d 1097 (11th Cir. 1997).


Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent Jan 1998

Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent

Journal Articles

No abstract provided.