Law Commons^™

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.

Faculty Scholarship

No abstract provided.

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

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

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

NSU Commencement Programs

No abstract provided.

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

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

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

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 …

Wealth Preservation With Asset Protection Trusts, Gideon Rothschild

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

William & Mary Annual Tax Conference

No abstract provided.

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

William & Mary Annual Tax Conference

No abstract provided.

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

William & Mary Annual Tax Conference

No abstract provided.

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

William & Mary Annual Tax Conference

No abstract provided.

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

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

William & Mary Annual Tax Conference

No abstract provided.

Ndls Update 12/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

Ethics In Academia, Diether Haenicke

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

The Ethics Center At Fifteen Years, Michael Pritchard

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development

California Assembly

No abstract provided.

Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General

California Agencies

No abstract provided.

Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Juvenile Victims Of Property Crimes, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

State Custody Rates, 1997, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Consumer Bankruptcy Update, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Sandra D. Freeburger, Thomas L. Canary, Ann E. Samani, W. Thomas Bunch, David M. Cantor, Jan C. Morris, Beverly M. Burden, William W. Lawrence, Lisa Koch Bryant, Dean A. Langdon, Joan Lloyd Cooper, Henry H. Dickinson, William S. Howard, Joseph M. Scott Jr., Joe Lee, C.R. Bowles Jr., Alan C. Stout, James D. Lyon, Sandra D. Freeburger, Geneva F. Parris, Joseph J. Golden, John R. Stonitsch, Hal D. Friedman, Gregory R. Schaaf, Richard H. Nowka, Christopher W. Frost, Scott A. Bachert, Michael L. Baker, Cathy S. Pike

Continuing Legal Education Materials

Materials from the Consumer Bankruptcy Update presentations held by UK/CLE in December 2000.

Anti-Plaintiff Bias In The Federal Appellate Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

A recent study of appellate outcomes reveals that defendants succeed significantly more often than plaintiffs on appeal from civil trials-especially from jury trials.

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

Cornell Law Faculty Publications

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …

Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss

Faculty Publications

No abstract provided.