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1998

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Articles 6511 - 6540 of 7679

Full-Text Articles in Law

Everything You Always Wanted To Know About Judges But Were Afraid To Ask, Alexander M. Sanders Jr. Jan 1998

Everything You Always Wanted To Know About Judges But Were Afraid To Ask, Alexander M. Sanders Jr.

South Carolina Law Review

No abstract provided.


Balancing Act: Public Policy And Punitive Damages Caps, Andrea Moore Hawkins Jan 1998

Balancing Act: Public Policy And Punitive Damages Caps, Andrea Moore Hawkins

South Carolina Law Review

No abstract provided.


After The Fall: The Cigarette Papers, The Global Settlement, And The Future Of Tobacco Litigation, Tucker S. Player Jan 1998

After The Fall: The Cigarette Papers, The Global Settlement, And The Future Of Tobacco Litigation, Tucker S. Player

South Carolina Law Review

No abstract provided.


The Medical Savings Account Provision Of The Hipaa: Is It Sound Health And Tax Policy?, Danshera Cords Jan 1998

The Medical Savings Account Provision Of The Hipaa: Is It Sound Health And Tax Policy?, Danshera Cords

Seattle University Law Review

This Comment argues that the Medical Savings Account (MSA) provision of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) fails to meet the goals of either tax policy or health policy. As a result of this failure, the demonstration program should be redesigned to provide valid and reliable information about whether the availability of tax-preferred MSAs will decrease the affordability of health care and its availability to the less healthy.


United States V. O'Hagan: Defining The Limits Of Fraud And Deceptive Pretext Under Rule 10b-5, Theodore C. Mccullough Jan 1998

United States V. O'Hagan: Defining The Limits Of Fraud And Deceptive Pretext Under Rule 10b-5, Theodore C. Mccullough

Seattle University Law Review

This Note argues that broadening the present embezzlement model of the Rule 10b- 5 misappropriation theory will more fully reflect both the language and intent of § 10(b) (of the 1934 Securities Exchange Act) and Rule 10b-5, and more importantly accommodate the sophistication of today's insider trading schemes. Part II of this Note examines the uses of inside information both prior to and after the creation of the 1934 Securities Exchange Act, and how § 10(b) and Rule 10b-5 were created to proscribe these uses. Part III examines the language and intent behind § 10(b) and Rule 10b-5 and argues …


Teaching A New Paradigm: Must Knights Shed Their Swords And Armor To Enter Certain Adr Arenas? Jan 1998

Teaching A New Paradigm: Must Knights Shed Their Swords And Armor To Enter Certain Adr Arenas?

Cardozo Journal of Conflict Resolution

No abstract provided.


The State Of The States: Dispute Resolution In The Courts Jan 1998

The State Of The States: Dispute Resolution In The Courts

Cardozo Journal of Conflict Resolution

No abstract provided.


Cole V. Burns International Security Services: Mandatory Arbitration Of Statutory Discrimination Claim, John A. Gray Jan 1998

Cole V. Burns International Security Services: Mandatory Arbitration Of Statutory Discrimination Claim, John A. Gray

University of Baltimore Law Forum

No abstract provided.


Commentary: 1998 Spring Commencement Speech, Martha Frisby Rasin Jan 1998

Commentary: 1998 Spring Commencement Speech, Martha Frisby Rasin

University of Baltimore Law Forum

No abstract provided.


Industrial Espionage As Unfair Competition, Robert L. Tucker Jan 1998

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.


From Grievance And Complaint To Sanction: Understanding & Bearing The Burden, John P. Sahl Jan 1998

From Grievance And Complaint To Sanction: Understanding & Bearing The Burden, John P. Sahl

Akron Law Faculty Publications

This article explores the complex and often opaque process of judicial and attorney discipline, focusing on the path from initial grievance to final sanction. It critically examines how complaints are evaluated, how disciplinary bodies function, and the burdens placed on both the complainant and the accused within this system. The author discusses procedural hurdles, evidentiary standards, and the discretionary nature of disciplinary outcomes, highlighting how these factors can lead to inconsistencies and perceived injustices. The article emphasizes the emotional, professional, and reputational toll on individuals involved and underscores the need for transparency, fairness, and support structures within the disciplinary process. …


Investors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson Jan 1998

Investors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson

Akron Law Faculty Publications

This Article examines the derivatives market, its regulation and the concept of suitability as it applies - and should be applied - to the derivatives market. The Article first provides an overview of the derivatives market. Next, the Article reviews the existing regulatory framework to which derivatives transactions and derivatives dealers are subject and also discusses the various legal actions that can be brought based on suitability claims. The Article argues against the imposition of suitability rules to OTC derivatives dealers and instead emphasizes the need to view OTC derivatives transactions as arm's length transactions. Finally, the Article identifies ways …


Long-Term Care Financing Crisis - Recent Federal And State Efforts To Deter Asset Transfers As A Means To Gain Medicaid Eligibility, Krisin A. Reich Jan 1998

Long-Term Care Financing Crisis - Recent Federal And State Efforts To Deter Asset Transfers As A Means To Gain Medicaid Eligibility, Krisin A. Reich

North Dakota Law Review

No abstract provided.


Front Matter Jan 1998

Front Matter

SMU Law Review

No abstract provided.


Simplifying Subchapter K: The Deferred Sale Method, Laura E. Cunningham, Noel B. Cunningham Jan 1998

Simplifying Subchapter K: The Deferred Sale Method, Laura E. Cunningham, Noel B. Cunningham

SMU Law Review

No abstract provided.


Subchapter K And Passive Financial Intermediation, Mark P. Gergen Jan 1998

Subchapter K And Passive Financial Intermediation, Mark P. Gergen

SMU Law Review

No abstract provided.


Elective Tax Classification For Qualifying Foreign And Domestic Business Entities Under The Final Check-The-Box Regulations, Henry J. Lischer Jr. Jan 1998

Elective Tax Classification For Qualifying Foreign And Domestic Business Entities Under The Final Check-The-Box Regulations, Henry J. Lischer Jr.

SMU Law Review

No abstract provided.


The Taxation Of Private Business Enterprises: Some Policy Questions Stimulated By The "Check-The-Box" Regulations, George K. Yin Jan 1998

The Taxation Of Private Business Enterprises: Some Policy Questions Stimulated By The "Check-The-Box" Regulations, George K. Yin

SMU Law Review

No abstract provided.


Limited Partner, Maximum Effect: Rethinking The Risk Of Investing In Delaware Limited Partnerships, J. Brooke Hern Jan 1998

Limited Partner, Maximum Effect: Rethinking The Risk Of Investing In Delaware Limited Partnerships, J. Brooke Hern

SMU Law Review

No abstract provided.


Initial Thoughts On Classifying The Major Japanese Business Entities Under The Check-The-Box Regulations, Christopher H. Hanna Jan 1998

Initial Thoughts On Classifying The Major Japanese Business Entities Under The Check-The-Box Regulations, Christopher H. Hanna

SMU Law Review

No abstract provided.


The Ambiguous Role And Responsibilities Of A Guardian Ad Litem In Texas In Personal Injury Litigation, Jennifer L. Anton Jan 1998

The Ambiguous Role And Responsibilities Of A Guardian Ad Litem In Texas In Personal Injury Litigation, Jennifer L. Anton

SMU Law Review

No abstract provided.


Welcome To The 21st Century Classroom - Your Living Room: The Fcc Requires Three Hours Of Children's Educational And Informational Programming, Richard Jr. Cortez Jan 1998

Welcome To The 21st Century Classroom - Your Living Room: The Fcc Requires Three Hours Of Children's Educational And Informational Programming, Richard Jr. Cortez

SMU Law Review

No abstract provided.


Uptown Act: A History Of The Uniform Commercial Code: 1940-49, Allen R. Kamp Jan 1998

Uptown Act: A History Of The Uniform Commercial Code: 1940-49, Allen R. Kamp

SMU Law Review

No abstract provided.


Castrating Pedophiles Convicted Of Sex Offenses Against Children: New Treatment Or Old Punishment, William Winslade, T. Howard Stone, Michele Smith-Bell, Denise M. Webb Jan 1998

Castrating Pedophiles Convicted Of Sex Offenses Against Children: New Treatment Or Old Punishment, William Winslade, T. Howard Stone, Michele Smith-Bell, Denise M. Webb

SMU Law Review

No abstract provided.


Front Matter Jan 1998

Front Matter

SMU Law Review

No abstract provided.


Front Matter Jan 1998

Front Matter

SMU Law Review

No abstract provided.


Fine Art Of Intimidating Disgruntled Beneficiaries With In Terrorem Clauses, The, Gerry W. Beyer, Rob G. Dickinson, Kenneth L. Wake Jan 1998

Fine Art Of Intimidating Disgruntled Beneficiaries With In Terrorem Clauses, The, Gerry W. Beyer, Rob G. Dickinson, Kenneth L. Wake

SMU Law Review

No abstract provided.


Contemporary Financial Innovation: Orthodoxy And Alternatives, Charles R. Pouncy Jan 1998

Contemporary Financial Innovation: Orthodoxy And Alternatives, Charles R. Pouncy

SMU Law Review

No abstract provided.


Front Matter Jan 1998

Front Matter

SMU Law Review

No abstract provided.


Introduction, Rose Spector Jan 1998

Introduction, Rose Spector

SMU Law Review

No abstract provided.