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1999

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Full-Text Articles in Law

United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller Nov 1999

United States Immigration Planning For Cross-Border Mergers And Acquisitions, Charles M. Miller

San Diego Law Review

In the Article, Mr. Miller demonstrates how cross-border direct investment in the U.S. through a foreign company's acquisition of a domestic business necessitates careful immigration planning. He speaks directly to the investor and shows that a main priority is the quick and efficient transfer foreign personnel and the employment of foreign graduates. Recognizing the complexity of federal statutes and regulations governing foreign investment, the author concludes that a foreign investor will need to quickly learn that an effective immigration strategy is necessary to successfully do business in the U.S.

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V.27-4, 1990 Masthead Nov 1999

V.27-4, 1990 Masthead

San Diego Law Review

No abstract provided.

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Duellism In Modern American Jurisprudence, David G. Carlson Nov 1999

Duellism In Modern American Jurisprudence, David G. Carlson

Articles

No abstract provided.

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Witch Doctors And Battleship Stalkers: The Edges Of Exculpation In Entrapment Cases, John F. Preis Nov 1999

Witch Doctors And Battleship Stalkers: The Edges Of Exculpation In Entrapment Cases, John F. Preis

Vanderbilt Law Review

The bumbling criminal has long been humorous to the law-abiding. Take, for example, a man recently intent on robbing a bank. The man entered a Bank of America bank, grabbed a deposit slip, and wrote on it "This iz a stikkup. Put all your muny in this bag."' While waiting in line for a teller, he became worried that someone had seen him write the note and would inform the police. Thus, he exited the bank, walked across the street to the Wells Fargo bank, and gave the note to a teller. The teller, probably sensing his lack of dangerousness …

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State Defiance Of Bankruptcy Law, Eric Winston Nov 1999

State Defiance Of Bankruptcy Law, Eric Winston

Vanderbilt Law Review

Bankruptcy is the principal device by which failing businesses and financially-troubled families get one last chance to reorganize their affairs back to financial health. It is also the graveyard for business failures, the place where we bury dead corporations and divide their remaining assets among their surviving creditors. In the last decade, the bankruptcy system has given seven million middle-class families a way to start over-an opportunity to save their homes from foreclosure, rid themselves of overwhelming debts, and reintegrate themselves into the workforce as productive citizens. It has also been the way that 10,000 corporations have restructured their way …

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The Graduation Prayer Cases: Coercion By Any Other Name, Colin Delaney Nov 1999

The Graduation Prayer Cases: Coercion By Any Other Name, Colin Delaney

Vanderbilt Law Review

The Supreme Court's decision in Lee v. Weisman held clergy- delivered invocations at public-school graduation ceremonies unconstitutional. In the wake of this landmark case, school boards across the country instituted a variety of policies to avoid the establishmentarian attributes fatal to the prayers in Lee. Several Courts of Appeals soon heard cases involving authorities seeking to divorce themselves from speakers and speaker selection, in the apparent belief that school involvement placed the imprimatur of the state on graduation prayer. Yet two facts mark all of the situations challenged to date. First, an agent of the state, the school board, exercised …

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Beyond "Harm": Abandoning The Actual Injury Standard For Certain Prohibited Takings Under The Endangered Species Act By Giving Independent Meaning To "Harassment", Alicia M. Griffin Nov 1999

Beyond "Harm": Abandoning The Actual Injury Standard For Certain Prohibited Takings Under The Endangered Species Act By Giving Independent Meaning To "Harassment", Alicia M. Griffin

Vanderbilt Law Review

As new technology and a desire for progress propel us into the next millennium, a corresponding daily depletion of national and worldwide wildlife resources perpetuates the frightening biological problem of species extinction, resulting in "irreplaceable losses" to medicine, science, ecology, and aesthetics. Every species is a part of the intricate and complicated ecosystem; its stability depends on the continued existence of each of its components. Each black-footed ferret, blue whale, and red wolf contributes to the delicate "balance of nature," a state of ecology that must be maintained for humans to survive. Indeed, scientists have derived much-needed knowledge from other …

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Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick Nov 1999

Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick

Michigan Law Review

Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …

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Is The Clean Air Act Unconstitutional?, Cass R. Sunstein Nov 1999

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …

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The Influence Of Race In School Finance Reform, James E. Ryan Nov 1999

The Influence Of Race In School Finance Reform, James E. Ryan

Michigan Law Review

It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …

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Winning The Battle, Losing The War?: Judicial Scrutiny Of Prisoners' Statutory Claims Under The Americans With Disabilities Act, Christopher J. Burke Nov 1999

Winning The Battle, Losing The War?: Judicial Scrutiny Of Prisoners' Statutory Claims Under The Americans With Disabilities Act, Christopher J. Burke

Michigan Law Review

When he was convicted in 1994 of drunken driving, escape, and resisting arrest, Ronald Yeskey was sentenced to serve 18 to 36 months in a Pennsylvania prison. In addition, the judge recommended that Yeskey be sent to a motivational boot camp operated by the state. Upon successful completion of the boot camp program, Yeskey's sentence would then be reduced to six months. Although he eagerly wanted to participate, the prison refused him entrance into the boot camp program because of his history of hypertension, and also denied him admission into an alternative program for the disabled. As a result, he …

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Staking Out The Border Between Comandeering And Conditional Preemption: Is The Driver's Privacy Protection Act Constitutional Under The Tenth Amendment?, Rachel F. Preiser Nov 1999

Staking Out The Border Between Comandeering And Conditional Preemption: Is The Driver's Privacy Protection Act Constitutional Under The Tenth Amendment?, Rachel F. Preiser

Michigan Law Review

Congress passed the Driver's Privacy Protection Act of 1994 ("DPPA") in response to state sales of personal information contained in motor vehicle records to individuals and to direct marketing companies who use it to identify select groups of prospective customers for particular products. Thirty-four states sell their department of motor vehicles ("DMV") records to individual citizens and to direct marketers, essentially allowing their unregulated distribution to any party seeking them. This practice of selling and distributing personal information has serious implications for the privacy and safety of individual citizens. In considering the DPP A, Congress dwelt in particular on the …

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Recent Books, Michigan Law Review Nov 1999

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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Insanity And The Rule Of Law, Ibpp Editor Oct 1999

Insanity And The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the effects of the construct of insanity on the rule of law.

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Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor Oct 1999

Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the EEOC's recent decision to extend various anti-discrimination rights to illegal immigrants.

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Ibpp Research Associates: The Reporters Committee For Freedom Of The Press, The Reporters Committee For Freedom Of The Press Oct 1999

Ibpp Research Associates: The Reporters Committee For Freedom Of The Press, The Reporters Committee For Freedom Of The Press

International Bulletin of Political Psychology

The article is a posting of a press release from The Reporters Committee for Freedom of the Press regarding the leadership of that organization.

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Oct. 29, 1999, Ciel Commentary On The 1999 Draft Cao Operational Guidelines, (On Draft, V.7), D. Hunter & C. Saladin, David Hunter, C. Saladin Oct 1999

Oct. 29, 1999, Ciel Commentary On The 1999 Draft Cao Operational Guidelines, (On Draft, V.7), D. Hunter & C. Saladin, David Hunter, C. Saladin

CAO General 1999-Present

No abstract provided.

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The Abcs Of Pbms, Robin J. Strongin Oct 1999

The Abcs Of Pbms, Robin J. Strongin

National Health Policy Forum

This issue brief describes the evolution of the pharmacy benefit manager (PBM) industry since the late 1960s and outlines current business practices in the areas of payment, services, drug formularies, and rebates. Tools of the trade, such as cost-sharing and generic substitution, used to control costs and improve quality are also discussed.

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Judicial Notice October 25th, 1999 V26 N3, The Catholic University Of America, Columbus School Of Law Oct 1999

Judicial Notice October 25th, 1999 V26 N3, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

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Vol. 17, No. 09 (October 25, 1999) Oct 1999

Vol. 17, No. 09 (October 25, 1999)

Indiana Law Annotated

No abstract provided.

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A Critique Of Opposition To The Comprehensive Test Ban Treaty, Ibpp Editor Oct 1999

A Critique Of Opposition To The Comprehensive Test Ban Treaty, Ibpp Editor

International Bulletin of Political Psychology

This article presents a critique of recent arguments opposing ratification by the United States of the Comprehensive Test Ban Treaty.

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Trends. Will E-Commerce Lead To E-Politics? Electronic Voting In The 21st Century, Ibpp Editor Oct 1999

Trends. Will E-Commerce Lead To E-Politics? Electronic Voting In The 21st Century, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the possibility of online (electronic) voting.

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Letter To Clerk Of Court Re: Freeman Webb, Roger J. Miner '56 Oct 1999

Letter To Clerk Of Court Re: Freeman Webb, Roger J. Miner '56

Memos and Letters: Law Clerks

No abstract provided.

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Letter To Rjm From Pfeiffer, A. S. Pfeiffer Oct 1999

Letter To Rjm From Pfeiffer, A. S. Pfeiffer

Memos and Letters: Law Clerks

No abstract provided.

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Flyer: Take Back The Night, Confronting Violence Against Women, October 21, 1999. Oct 1999

Flyer: Take Back The Night, Confronting Violence Against Women, October 21, 1999.

Saffy Collection - All Textual Materials

Take Back the Night at Jacksonville Landing on October 21, 1999 at 6:30 PM to 7:30 pm.

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Land Use Development: Proper Planning Creates Smart Growth, Prevents Sprawl, John R. Nolon Oct 1999

Land Use Development: Proper Planning Creates Smart Growth, Prevents Sprawl, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The proliferation of sprawl development patterns across the United States causes several problems such as degradation of forests, farmland, and natural resources, plus the declining health of central cities. Sprawl is a well-documented phenomenon among environmentalists, politicians, taxpayers, and others. Many alternative “smart growth” solutions exist to mitigate the damages of sprawl. Government focus on more restrained development patterns such as traditional urban neighborhoods, and other solutions exist, and are waiting to be implemented. This article reviews municipal efforts in New York in the application of comprehensive smart growth methods

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The Evolution Of United States Antitrust Law: The Past, Present, And (Possible) Future, Albert A. Foer, Robert H. Lande Oct 1999

The Evolution Of United States Antitrust Law: The Past, Present, And (Possible) Future, Albert A. Foer, Robert H. Lande

All Faculty Scholarship

As the world’s nations rapidly move from systems in which central planning and monopoly are replaced by free markets,2 it becomes increasingly valuable to consider the histories of competition policy experienced in different nations, on a comparative basis.3 In this article, we focus on the history of antitrust in the United States, the first nation to develop and fully-articulate a competition policy, drawing out themes that may be useful to other countries as they contemplate the shape and direction of their own competition regimes. We show that the American competition policy has reflected an underlying stability and bi-partisanship, but that …

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Vol. 50, No. 4, October 19, 1999, University Of Michigan Law School Oct 1999

Vol. 50, No. 4, October 19, 1999, University Of Michigan Law School

Res Gestae

•Curriculum Committee Debates Changes to Interview Season •Winter Grade Curve •Email Abuse •Get Musical! •Hornbook Workout •Larry Returns! •TBIYTC

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Chip And Medicaid Outreach And Enrollment: A Hands-On Look At Marketing And Applications, Judith D. Moore Oct 1999

Chip And Medicaid Outreach And Enrollment: A Hands-On Look At Marketing And Applications, Judith D. Moore

National Health Policy Forum

The State Children's Health Insurance Program (SCHIP or CHIP), enacted as part of the Balanced Budget Act (BBA) in 1997, has enrolled eligible low-income children in innovative ways and tackled a variety of challenges to make sure that families know about the new program. This issue brief describes the outreach, application, and enrollment process for both SCHIP and Medicaid, analyzing the difficulty in simplifying applications, and noting problems that states must solve around systems design, immigration issues, and the stigma sometimes associated with government programs.

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Motions 1999 Volume 35 Number 1, University Of San Diego School Of Law Student Bar Association Oct 1999

Motions 1999 Volume 35 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

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