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2000

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Full-Text Articles in Law

Dialogue And Hierarchy In Charter Interpretation: A Comment On R. V. Mills, Jamie Cameron Dec 2000

Dialogue And Hierarchy In Charter Interpretation: A Comment On R. V. Mills, Jamie Cameron

Articles & Book Chapters

This case comment focuses on two issues of methodology: the first concerns constitutional interpretation and the democratic process, or the dialogue issue, and the second, the relationship between Charter guarantees, or the hierarchy issue. To set the stage, an initial section provides an overview of the Stinchcombe/O'Connor/Mills trilogy, and is followed by a more detailed analysis of Mills that examines the tension between judicial and legislative decision making, before considering how Parliament and the Court altered O'Connor's model for balancing the rights of the accused and complainants. On the latter issue, though the article does not comment in detail on …


Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr. Dec 2000

Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress Dec 2000

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …


Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon Dec 2000

Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use oriented border wars occur all over the United States, especially in areas with concentrated populations such as Westchester County. Many of these disputes arise out of local land use control, which usually fails to address regional issues, instead opting to act only in their individual municipal interests. This article describes several possible solutions involving federal, state, regional, and intermunicipal remedies as well as non-governmental solutions such as land use mediation services, to help create regional answers to regional issues.


Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah Dec 2000

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.


2000 Academic Hooding Ceremony, Nova Southeastern University Dec 2000

2000 Academic Hooding Ceremony, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


The Federal-State Medicaid Match: An Ongoing Tug-Of-War Over Practice And Policy, Karen Matherlee Dec 2000

The Federal-State Medicaid Match: An Ongoing Tug-Of-War Over Practice And Policy, Karen Matherlee

National Health Policy Forum

Reviewing Medicaid match issues since the latter 1980s, this issue brief traces ways in which some states have used creative financing to get more Medicaid matching dollars than they otherwise would qualify for from the federal government. It explores the latest mechanism, states' use of so-called intergovernmental transfers of funds (to avoid established upper payment limits) to increase their matches, triggering efforts by the Senate Finance Committee and the federal Medicaid agency to ban such transfers.


Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School Dec 2000

Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School

Res Gestae

•How to Get As in Law School •ATL Farewell •Final Words •Photo Tribute •For What It's Worth… •The Insider •We Three Films •Album of the Year •Gift Guide


The Weekly December 4, 2000, North Carolina Central School Of Law Dec 2000

The Weekly December 4, 2000, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.


Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson Dec 2000

Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson

All Faculty Scholarship

"I am in the U.S. until February. A few weeks ago, I went to our embassy in Washington and offered to speak on Israel's behalf, to present the true story of what's going on, to counter the very effective job being done by the Palestinians of making it appear as if they are Davids fighting Goliath, and we are not getting the truth out. But the people at the embassy just shrugged."

He knows that in 1948 some 630,000 Arab refugees were encouraged to leave Israel by their leaders, who promised to purge the land of Jews. Instead, they became …


Taxation Of Distributions: Distributions From Partnerships And Limited Liability Companies, David W. Larue Dec 2000

Taxation Of Distributions: Distributions From Partnerships And Limited Liability Companies, David W. Larue

William & Mary Annual Tax Conference

No abstract provided.


"Tax Library" Resources For The Small To Medium Sized Cpa Or Law Firm - Roundtable Discussion, Michael L. Layman, Timothy H. Guare, J. Patrick Budd, Gregory W. Geisert Dec 2000

"Tax Library" Resources For The Small To Medium Sized Cpa Or Law Firm - Roundtable Discussion, Michael L. Layman, Timothy H. Guare, J. Patrick Budd, Gregory W. Geisert

William & Mary Annual Tax Conference

No abstract provided.


Wealth Preservation With Asset Protection Trusts, Gideon Rothschild Dec 2000

Wealth Preservation With Asset Protection Trusts, Gideon Rothschild

William & Mary Annual Tax Conference

No abstract provided.


The Conflict Between Retirement Planning And Estate Planning: Integrated Qualified-Plan Distributions And Retirement Planning, Bruce J. Temkin Dec 2000

The Conflict Between Retirement Planning And Estate Planning: Integrated Qualified-Plan Distributions And Retirement Planning, Bruce J. Temkin

William & Mary Annual Tax Conference

No abstract provided.


Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources Dec 2000

Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources

William & Mary Annual Tax Conference

No abstract provided.


Investing For After-Tax Returns: An Overview, Anne B. Shumadine Dec 2000

Investing For After-Tax Returns: An Overview, Anne B. Shumadine

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard, Martin J. Mcmahon Jr. Dec 2000

Recent Developments In Federal Income Taxation, Ira B. Shepard, Martin J. Mcmahon Jr.

William & Mary Annual Tax Conference

No abstract provided.


State Challenges To Related Party Transactions, D. French Slaughter Iii Dec 2000

State Challenges To Related Party Transactions, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia, William L.S. Rowe Dec 2000

Recent Tax Developments In Virginia, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Valuations In The Business Setting, Harold G. Martin Jr. Dec 2000

Valuations In The Business Setting, Harold G. Martin Jr.

William & Mary Annual Tax Conference

No abstract provided.


Abandoned And Unclaimed Property: Legislative Update In Virginia, Robert G. Mcelroy Dec 2000

Abandoned And Unclaimed Property: Legislative Update In Virginia, Robert G. Mcelroy

William & Mary Annual Tax Conference

No abstract provided.


Who Spilled Coke On My Laptop?, D. French Slaughter Iii Dec 2000

Who Spilled Coke On My Laptop?, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Enterprise Risk Management: Realizing Profit From Risk, Raymond M. Slabaugh Dec 2000

Enterprise Risk Management: Realizing Profit From Risk, Raymond M. Slabaugh

William & Mary Annual Tax Conference

No abstract provided.


Abandoned/Unclaimed Property Liability: Legal Aspects And Planning Opportunities, Jack Gaggini Dec 2000

Abandoned/Unclaimed Property Liability: Legal Aspects And Planning Opportunities, Jack Gaggini

William & Mary Annual Tax Conference

No abstract provided.


Valuations In The Business Setting: International Glossary Of Business Valuation Terms Dec 2000

Valuations In The Business Setting: International Glossary Of Business Valuation Terms

William & Mary Annual Tax Conference

No abstract provided.


Valuations In The Business Setting: Exhibits Dec 2000

Valuations In The Business Setting: Exhibits

William & Mary Annual Tax Conference

No abstract provided.


The Evoloving Nature Of Tax Practice, Stefan F. Tucker Dec 2000

The Evoloving Nature Of Tax Practice, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann Dec 2000

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann

Faculty Scholarship

No abstract provided.


Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro Dec 2000

Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro

All Faculty Scholarship

I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …


Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy Dec 2000

Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.