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1999

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Articles 2311 - 2340 of 7802

Full-Text Articles in Law

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Apr 1999

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

UF Law Faculty Publications

This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of …


The Future Of Governmental Ethics: Law And Morality, Jon L. Mills Apr 1999

The Future Of Governmental Ethics: Law And Morality, Jon L. Mills

UF Law Faculty Publications

Based on a speech presented at the 16th International Symposium on Economic Crime, Cambridge University, England September 13-19, 1998.


Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner Apr 1999

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.


Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore Apr 1999

Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore

University of Arkansas at Little Rock Law Review

No abstract provided.


Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt Apr 1999

Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt

University of Arkansas at Little Rock Law Review

No abstract provided.


Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods Apr 1999

Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods

University of Arkansas at Little Rock Law Review

No abstract provided.


Denial Of Permission To "Take" An Endangered Species Will Amount To A "Taking" Under The Fifth Amendment In Limited Situations, Monica L. Mason Apr 1999

Denial Of Permission To "Take" An Endangered Species Will Amount To A "Taking" Under The Fifth Amendment In Limited Situations, Monica L. Mason

University of Arkansas at Little Rock Law Review

No abstract provided.


Revised Rule 55 Revisited, John T. Holleman Iv Apr 1999

Revised Rule 55 Revisited, John T. Holleman Iv

University of Arkansas at Little Rock Law Review

No abstract provided.


Brazil And The Global Financial Crisis: An Examination Of The Effect From Charlotte To Sao Paolo, Rachel V. Steinwender Apr 1999

Brazil And The Global Financial Crisis: An Examination Of The Effect From Charlotte To Sao Paolo, Rachel V. Steinwender

North Carolina Banking Institute

No abstract provided.


Intrabank Conflicts Of Interest, Peter C. Buck, Krista R. Bowen Apr 1999

Intrabank Conflicts Of Interest, Peter C. Buck, Krista R. Bowen

North Carolina Banking Institute

No abstract provided.


Impact Of Statement Of Financial Accounting Standards 133 On The Banking Industry, Mark O. Henry Apr 1999

Impact Of Statement Of Financial Accounting Standards 133 On The Banking Industry, Mark O. Henry

North Carolina Banking Institute

No abstract provided.


Dispositive Motions And The Role Of The United States Magistrate Judge, Margaret B. Seymour Apr 1999

Dispositive Motions And The Role Of The United States Magistrate Judge, Margaret B. Seymour

South Carolina Law Review

No abstract provided.


Introduction: The Rule Of Law In The Era Of Globalization Symposium, David Fidler Apr 1999

Introduction: The Rule Of Law In The Era Of Globalization Symposium, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya Apr 1999

Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya

Indiana Journal of Global Legal Studies

No abstract provided.


The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler Apr 1999

The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


Spawning The Sec, Henry Laurence Apr 1999

Spawning The Sec, Henry Laurence

Indiana Journal of Global Legal Studies

No abstract provided.


A View From The Field: Some Observations On The Effect Of International Commercial Law Reform Efforts On The Rule Of Law, Bruce A. Markell Apr 1999

A View From The Field: Some Observations On The Effect Of International Commercial Law Reform Efforts On The Rule Of Law, Bruce A. Markell

Indiana Journal of Global Legal Studies

No abstract provided.


Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks Apr 1999

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.


Vol. 9, No. 1 (Spring 1999) Apr 1999

Vol. 9, No. 1 (Spring 1999)

Alumni Update

No abstract provided.


Ten Limitations To Ponder On Farm Limited Liability Companies, Jesse Richardson, L. Leon Geyer Apr 1999

Ten Limitations To Ponder On Farm Limited Liability Companies, Jesse Richardson, L. Leon Geyer

Law Faculty Scholarship

No abstract provided.


It’S Better To Have Twelve Monkeys Chasing You Than One Gorilla: Humana V. C. Forsyth, The Mccarran–Ferguson Act, Rico, And Deterrence, Eric Beal Apr 1999

It’S Better To Have Twelve Monkeys Chasing You Than One Gorilla: Humana V. C. Forsyth, The Mccarran–Ferguson Act, Rico, And Deterrence, Eric Beal

Connecticut Insurance Law Journal

No abstract provided.


Home Liability Coverage: Does The Criminal Acts Exclusion Work Where The “Expected Or Intended” Exclusion Failed?, Daniek E. Eidsmoe, Pamela K. Edwards Apr 1999

Home Liability Coverage: Does The Criminal Acts Exclusion Work Where The “Expected Or Intended” Exclusion Failed?, Daniek E. Eidsmoe, Pamela K. Edwards

Connecticut Insurance Law Journal

No abstract provided.


United States V. Smith: The Use-Possession Debate In Sec Enforcement Actions Under § 10(B), Oriana N. Li Apr 1999

United States V. Smith: The Use-Possession Debate In Sec Enforcement Actions Under § 10(B), Oriana N. Li

Washington Law Review

The U.S. Supreme Court has yet to address an underlying issue in the evolution of insider trading law: whether Rule 10b-5 liability should attach when someone trades while "in the possession of" material, nonpublic information, or whether a more stringent standard of having actually used or traded "on the basis of" such information must be met. In United States v. Smith, the Court of Appeals for the Ninth Circuit held that a violation of Rule 10b-5 requires an actual causal connection between the possession of inside information and the decision to trade in securities. This Note argues that the …


Coming Of Age: Recognizing The Importance Of Interdisciplinary Education In Law Practice, Janet Weinstein Apr 1999

Coming Of Age: Recognizing The Importance Of Interdisciplinary Education In Law Practice, Janet Weinstein

Washington Law Review

This Article proposes that lawyers need to be creative problem solvers if they are truly to serve the needs of their clients. The ability to collaborate with professionals from other disciplines is an important aspect of creative problem solving. The Article examines the skills required for creative problem solving and law students' and attorneys' facility with these skills.The Article further discusses the barriers to providing interdisciplinary training in law schools and suggests ways to incorporate such training.


Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt Apr 1999

Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt

Indiana Law Journal

No abstract provided.


Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond Apr 1999

Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond

Indiana Law Journal

No abstract provided.


The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig Apr 1999

The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig

Faculty Scholarship

When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world. As I …


Fair Division, Michael J. Meurer Apr 1999

Fair Division, Michael J. Meurer

Faculty Scholarship

In this article I introduce legal scholars to concepts of fairness developed by microeconomic theorists. My starting point is a review of the books: Cooperative Microeconomics: A Game-Theoretic Introduction, by Herve Moulin, and Equity: In Theory and Practice, by H. Peyton Young. The books explain how to use cooperative game theory to study the fair allocation of benefits and costs. I illustrate the use of cooperative game theory by applying it to various problems of fair division in the law. I believe formal analysis of fair division is valuable because it allows scholars to connect their intuitive sense of fairness …


Municipal Responsibility For Constitutional Torts, Jack M. Beermann Apr 1999

Municipal Responsibility For Constitutional Torts, Jack M. Beermann

Faculty Scholarship

The fundamental principle in the law of municipal liability under § 1983 is that municipalities may be held liable only for their own conduct, not for the conduct of municipal employees. Stated somewhat differently, municipalities may not be held vicariously liable for the conduct of municipal employees but rather can be held liable only when municipal policy is the moving force behind the violation. While this principle is simple to state, it has proven difficult to apply.


Bankruptcy's Organizing Principle, David G. Carlson Apr 1999

Bankruptcy's Organizing Principle, David G. Carlson

Articles

No abstract provided.