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Articles 31 - 60 of 3521
Full-Text Articles in Law
In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
Coase-Sandor Working Paper Series in Law and Economics
The traditional forms of public health law were directly largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it effects large numbers of individuals, which would include such matters as obesity and diabetes. Historically, this paper examines the constitutional evolution of the public health principle from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could easily authorize those forms of …
Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein
Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose
The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose
Faculty Publications
The British experience with patents and copyrights prior to 1787 is instructive as to the context within which the Framers drafted the Patent and Copyright Clause. The 1624 Statute of Monopolies, intended to curb royal abuse of monopoly privileges, restricted patents for new inventions to a specified term of years. The Stationers' Company, a Crown-chartered guild of London booksellers, continued to hold a monopoly on publishing, and to enforce censorship laws, until 1695. During this time, individual titles were treated as perpetual properties held by booksellers. In 1710, however, the Statute of Anne broke up these monopolies by imposing strict …
'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary
'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary
Articles
The following narrative outlines the role of donor William W. cook and the architects who built the Law Quadrangle 70 years ago. The report is excerpted and adapted from 94 Law Library Journal 395-425 (2002-26). The author is director of the University of Michigan Law School's Law Library.
The First 'Establishment' Clause: Article Vii And The Post-Constitutional Confederation, Gary S. Lawson, Guy I. Seidman
The First 'Establishment' Clause: Article Vii And The Post-Constitutional Confederation, Gary S. Lawson, Guy I. Seidman
Faculty Scholarship
It is a great pleasure for academics to realize that fellow scholars sometimes read their work and take it seriously. We are genuinely flattered that Vasan Kesavan has chosen to comment on our article, When Did the Constitution Become Law?,1 and has done so with the intellectual rigor and generosity of spirit that characterizes his prodigious scholarship. 2 We are grateful to Mr. Kesavan for engaging us and grateful to the Notre Dame Law Review for accommodating the dialogue.
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In an effort to become an industrialized country, Taiwan, the Republic of China (ROC) has relied heavily on technology transfers and investment from abroad. The Taiwanese government adopted a heavy-handed policy of regulating investments made by foreigners and overseas Chinese in 1954. These policies include the Foreigner Investment Act (FIA) and the Overseas Chinese Investment Act (OCIA), which require all foreigners and overseas Chinese to obtain the Ministry of Economic Affairs (MOEA) approval prior to making any investments.1 Such investments may also be in the form of patents, trademarks, copyright, know-how, and other intellectual property (IP).2 In 1962, the Technology …
Revised Innocent Spouse Rules Offer Greater Tax Relief, Linda M. Johnson, A. Bruce Clements
Revised Innocent Spouse Rules Offer Greater Tax Relief, Linda M. Johnson, A. Bruce Clements
Faculty and Research Publications
When a married couple files a joint tax return, both spouses become jointly and severally liable for the income taxes due, including any additional taxes, interest, and penalties determined at a later date. In the event of an underpayment of income tax, the IRS can proceed against either spouse to collect the entire tax deficiency. This places a spouse in a precarious position in situations where the other spouse deliberately omits income or overstates deductions on a jointly filed income tax return, even if the spouse is totally unaware of the other's transgressions. Relief from joint and several liability is …
International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
LLM Theses and Essays
Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Public Law and Legal Theory Working Papers
No abstract provided.
From Paper To Action: State-Level Interagency Agreements For Supported Employment Of People With Disabilities, Deborah Metzel, Susan M. Foley, John Butterworth
From Paper To Action: State-Level Interagency Agreements For Supported Employment Of People With Disabilities, Deborah Metzel, Susan M. Foley, John Butterworth
All Institute for Community Inclusion Publications
Over the past decade there has been an increasing national emphasis on the participation of individuals with disabilities in the labor force. This concern was recognized through Executive Order No. 13078 signed by President Bill Clinton in March 1998, establishing the Presidential Task Force on Employment of Adults with Disabilities. The Task Force was charged with a mission "to create a coordinated and aggressive policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population" (Section 1 (c)). Legislation and policy changes have also been directed …
Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin
Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin
Urban Harbors Institute Publications
Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.
All of these initiatives – from local to national - reflect some common truths about …
Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley
Research to Practice Series, Institute for Community Inclusion
Many state Medicaid agencies are playing a greater role in multi-agency efforts to promote employment for people with disabilities. This brief uses data from the National Survey of State Systems and Employment for People with Disabilities to explore the varieties of collaboration Medicaid agencies are using and the agencies they are collaborating with.
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Faculty Scholarship
States may have more freedom to regulate the practices of managed-care organizations than many observers previously believed. In the absence of congressional action on the federal Bipartisan Patient Protection Act, the primary source of patient-protection legislation remains at the state level. Nevertheless, the federal Employee Retirement Income Security Act (ERISA) of 19742restricts state regulation of health maintenance organizations (HMOs) that serve private employee group health plans. On June 20, 2002, the U.S. Supreme Court, in Rush Prudential HMO, Inc. v. Moran, upheld an Illinois state law that requires binding independent external review when an HMO disagrees with the …
Shedding Rights, Shredding Rights: A Critical Examination Of Students' Privacy Rights And The Special Needs Doctrine After Earls, Meg Penrose
Faculty Scholarship
On June 27, 2002, the United States Supreme Court held that all students participating in extracurricular activities in public schools may be subjected to random, suspicionless drug testing. The holding, in itself, is not terribly remarkable, as the decision in Board of Education of I.S.D. 92 of Pottawatomie County, Oklahoma v. Earls follows a developing pattern among public schools in this country. Further, the Earls case simply broadens the right of the state to randomly drug test students, without individualized suspicion, that this same court announced a mere seven years earlier in Vernonia v. Acton. What is remarkable about …
Bankruptcy And Federalism, Thomas E. Plank
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax
Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax
All Faculty Scholarship
The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …
The Weekly November 25, 2002, North Carolina Central School Of Law
The Weekly November 25, 2002, North Carolina Central School Of Law
NCCU Law School Weekly
No abstract provided.
Vol. 23, No. 13 (November 25, 2002)
The Revolution You Won’T See On Tv, Jeff Rasley
The Revolution You Won’T See On Tv, Jeff Rasley
Scholarship and Professional Work - LAS
Article for Newsweek about the author’s experiences in mediation and jury trials as a civil litigator.
Ub Viewpoint – Dissolving The Shadows, Eric Easton
Ub Viewpoint – Dissolving The Shadows, Eric Easton
All Faculty Scholarship
No abstract provided.
Strategic Planning For The Closely Held Business -- Where To Go Beyond Bank Debt And Internal Growth, Arthur E. Cirulnick
Strategic Planning For The Closely Held Business -- Where To Go Beyond Bank Debt And Internal Growth, Arthur E. Cirulnick
William & Mary Annual Tax Conference
No abstract provided.
Buy-Sell Agreements And Nontax Issues In Planning For Business Succession, Farhad Aghdami
Buy-Sell Agreements And Nontax Issues In Planning For Business Succession, Farhad Aghdami
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
No abstract provided.
Depression: A Decade Of Progress, More To Do, Veronica V. Goff
Depression: A Decade Of Progress, More To Do, Veronica V. Goff
National Health Policy Forum
This issue brief discusses the most recent findings on depression prevalence and cost; examines trends in outpatient treatment, including the dramatic growth in antidepressant use; discusses efforts to improve treatment in primary care; and explores possible public policy avenues for improving treatment access and quality.
Exit Strategies For Owners Of Privately Held Businesses, R. Marshall Merriman Jr., Arthur E. Cirulnick, Paul H. Wilner
Exit Strategies For Owners Of Privately Held Businesses, R. Marshall Merriman Jr., Arthur E. Cirulnick, Paul H. Wilner
William & Mary Annual Tax Conference
No abstract provided.
Choosing A Business Entity For The 21st Century, Samuel P. Starr, Thomas P. Rohman, L. Michael Gracik Jr.
Choosing A Business Entity For The 21st Century, Samuel P. Starr, Thomas P. Rohman, L. Michael Gracik Jr.
William & Mary Annual Tax Conference
No abstract provided.
Uses Of Life Insurance For The Closely-Held Business, Mary Anne Mancini
Uses Of Life Insurance For The Closely-Held Business, Mary Anne Mancini
William & Mary Annual Tax Conference
No abstract provided.
Final Minimum Distribution Rules, Louis A. Mezzullo
Final Minimum Distribution Rules, Louis A. Mezzullo
William & Mary Annual Tax Conference
No abstract provided.
Employee Benefits Issues In Purchase And Sale Of Privately Held Business, Andrea L. O'Brien
Employee Benefits Issues In Purchase And Sale Of Privately Held Business, Andrea L. O'Brien
William & Mary Annual Tax Conference
No abstract provided.