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2001

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Articles 1 - 30 of 350

Full-Text Articles in Law

Applying The Averaging Conventions, Neil E. Harl Dec 2001

Applying The Averaging Conventions, Neil E. Harl

Agricultural Law Digest

Two recently published Notices have focused attention on the application of the mid-year and mid-month conventions to depreciable property. Notice 2001-70 and Notice 2001-74 have provided a one-time break for property placed in service during the fourth quarter of 2001.


Cases, Regulations, And Statutes, Robert P. Achenbach Jr Dec 2001

Cases, Regulations, And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Index To Volume 12, Nos. 1-24, Agricultural Law Digest Dec 2001

Index To Volume 12, Nos. 1-24, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow Dec 2001

Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow

Law Faculty Scholarship

Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam.


The Courtroom Technology Wars Are Here!, Fredric I. Lederer Dec 2001

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.


Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel Dec 2001

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.


Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons Dec 2001

Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons

Tools for Inclusion Series, Institute for Community Inclusion

How does receiving Social Security affect families as their children move into adulthood? This brief shares families' experiences and suggests ways that families can manage SSI and use it to help a young adult prepare for their career.


Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr. Dec 2001

Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.


Access To Pediatric Services Under Medicaid Managed Care In The District Of Columbia, Karen Shaw, Sara J. Rosenbaum Dec 2001

Access To Pediatric Services Under Medicaid Managed Care In The District Of Columbia, Karen Shaw, Sara J. Rosenbaum

Health Policy and Management Faculty Publications

No abstract provided.


Introduction To "Books", Margaret A. Leary Dec 2001

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that ...


Applying The New Capital Gains Rules, Neil E. Harl Nov 2001

Applying The New Capital Gains Rules, Neil E. Harl

Agricultural Law Digest

In 1997, when Congress revamped the capital gains rules for eligible property, the maximum rate on net long-term capital gains for an individual was reduced from 28 percent to 20 percent. In addition, the rate for any net long-term capital gain which would otherwise be taxed at 15 percent was reduced to a 10 percent rate.


Cases, Regulations, And Statutes, Robert P. Achenbach Jr Nov 2001

Cases, Regulations, And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Handling Joint Tenancies At Death, Neil E. Harl Nov 2001

Handling Joint Tenancies At Death, Neil E. Harl

Agricultural Law Digest

It took nearly a decade, but the Internal Revenue Service has finally acknowledged the line of cases headed by Gallenstein v. United States and followed by five more cases holding that the so-called “consideration-furnished” rule of federal estate taxation of jointly-owned property could be applied at the first death of a husband-wife joint tenancy to produce a higher income tax basis in the hands of the surviving joint tenant. IRS has now acquiesced in the Tax Court decision, Hahn v. Commissioner, which removes the remaining doubt as to whether application of the consideration-furnished rule was acceptable in the case of ...


Cases, Regulations, And Statutes, Robert P. Achenbach Jr Nov 2001

Cases, Regulations, And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


2001 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2001

2001 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti


Recapture Under Ford, Neil E. Harl Oct 2001

Recapture Under Ford, Neil E. Harl

Agricultural Law Digest

The beleaguered family-owned business deduction, which is slated for repeal after 2003, continues to pose problems of a practical nature.


Cases, Regulations, And Statutes, Robert P. Achenbach Jr Oct 2001

Cases, Regulations, And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares Oct 2001

Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares

Duke Law & Technology Review

E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11.


Cases, Regulations, And Statutes, Robert P. Achenbach Jr Oct 2001

Cases, Regulations, And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Family Limited Partnership Upheld On Appeal, Neil E. Harl Oct 2001

Family Limited Partnership Upheld On Appeal, Neil E. Harl

Agricultural Law Digest

A decision by the Fifth Circuit Court of Appeal, on July 18, 2001, affirmed a decision of the United States District Court for the Western District of Texas which had upheld a family limited partnership formed two days before death to consolidate interests in a 23,000 acre family ranch. In that case, the decedent suffered from cancer but died from another malady.


Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn Oct 2001

Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn

Michael E Lewyn

This article discusses a variety of state, federal and local policies which have reduced transit ridership, such as unfunded mandates, anti-transit zoning policies, and highway funding policies that shifted development to areas with minimal or nonexistent transit service.


Construction Of A "Green Box" Countercyclical Program, Bruce A. Babcock, Chad E. Hart Oct 2001

Construction Of A "Green Box" Countercyclical Program, Bruce A. Babcock, Chad E. Hart

CARD Briefing Papers

The United States Congress is currently devising the next farm bill. One of the many factors influencing the debate is the effect of trade agreements into which the United States has entered. Under the World Trade Organization's Agreement on Agriculture, government spending on trade-distorting agricultural policies (referred to as "amber box" policies) has been limited. However, if the policy is considered non-trade-distorting ("green box"), then spending on such a policy is not constrained under the agreement. We explore the possible construction of a green box policy that is countercyclical to factors related to agriculture. The policy is based on ...


Public Access To Legal Resources On The Internet, Alice M. Mccanless Oct 2001

Public Access To Legal Resources On The Internet, Alice M. Mccanless

The Southeastern Librarian

In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.

Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.


Evaluating The Judges In Baton Rouge, Susan E. Howell Oct 2001

Evaluating The Judges In Baton Rouge, Susan E. Howell

Survey Research Center Publications

The Baton Rouge Bar Association seeks to provide the public, lawyers, and the judges with some sort of evaluation of the judges in the Baton Rouge area. Since it is difficult for the public to obtain information on judges, the Bar Association relied on its own members and the members of the Louis Martinet Society to evaluate all judges, including city, state, and federal courts. Hopefully, the results will be useful to the public, the lawyers, and especially to the judges. Most judges can take satisfaction in the high regard with which they are held by the hundreds of lawyers ...


When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes Oct 2001

When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes

Center for LGBTQ Studies (CLAGS)

In the early morning of August 15, 2001, Edgar Garzon, a 35-year-old Latino gay man better know as "Eddie," was viciously attacked with a "blunt instrument" by an unidentified assailant who jumped out of a red car. This occurred in Jackson Heights, Queens, an extremely diverse neighborhood with large concentrations of Latin Americans, Indians, Pakistanis, Bangladeshis and Koreans and a sizeable gay population. Garzon suffered three fractures in his cranium and was in a coma until September 4, when he passed away at Elmhurst Medical Center. His family, who reside mostly in Colombia and Florida, as well as his close ...


Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson Oct 2001

Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson

The Southeastern Librarian

According to the American Library Association, library records should be kept private and confidential. Most states also have laws that protect the confidentiality of library records. This article will discuss the library confidentiality laws of the Southeastern United States, as well as the Family Educational Rights and Privacy Act (FERPA), and the USA PATRIOT Act (popularly known as the antiterrorism statute).


Environmental Awareness And The New Republican Party: The Re-Greening Of The Gop?, C. M. Cameron Lynch Oct 2001

Environmental Awareness And The New Republican Party: The Re-Greening Of The Gop?, C. M. Cameron Lynch

William & Mary Environmental Law and Policy Review

No abstract provided.


Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern Oct 2001

Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern

Human Rights & Human Welfare

A review of:

Law and Justice in China’s New Marketplace by Ronald C. Keith and Zhiqiu Lin. New York: Palgrave, 2001. 315pp.

and

Profits and Principles: Global Capitalism and Human Rights in China by Michael A. Santoro. Ithaca, NY: Cornell University Press, 2000. 256pp.


Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale Oct 2001

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.


Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston Oct 2001

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

College of Law Faculty

In this Article, Professor Livingston examines the history and philosophy of animal cruelty laws and also surveys the scope and content of contemporary American anti-cruelty statutes. She explores, moreover, a substantial body of social science data that suggest a correlation between the commission of animal abuse and a propensity for other violent behavior. From her survey of current law, Professor Livingston concludes that lawmakers should amend animal cruelty statutes to provide for mandatory psychological treatment for youthful offenders and harsher penalties for older and habitual offenders. She observes that animal abuse as a crime not only affects the animals targeted ...