Law Commons^™

Kimbell V. United States: The Rise And Apparent Fall Of The Section 2036 Argument Against Flps, Brant J. Hellwig

Scholarly Articles

In this report, Professor Hellwig examines the application of section 2036 to family limited partnerships in the context of the Fifth Circuit's recent opinion in Kimbell v. United States. After describing how the government developed section 2036 into an effective tool in combating the use of family limited partnerships to generate transfer tax savings, the report details how the Fifth Circuit's interpretation of the adequate and full consideration exception to section 2036 in Kimbell severely curtails the government's position. The report concludes with criticisms of the Kimbell decision, namely that the court failed to properly follow its own precedent in …

Bulletin Of The University Of Notre Dame The Law School 2004–05, Volume 100, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

The Hoynes Code, Patricia A. O'Hara

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.

Capital Punishment, Proportionality Review, And Claims Of Fairness (With Lessons From Washington State), Timothy V. Kaufman-Osborn

Washington Law Review

This Article explores the adequacy of one of the safeguards adopted by many states to ensure that the death penalty is applied fairly, following the reinstatement of capital punishment in 1976. Relying chiefly on evidence drawn from Washington State, this Article asks whether the practice of comparative proportionality review has ensured that there is now a rational basis for distinguishing between those who are sentenced to die and those who are not. An analysis of the trial judge reports employed by the Washington State Supreme Court in reviewing death sentences, as well as the method used by the court in …

Dollars And Death, Cass R. Sunstein, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Administrative regulations and tort law both impose controls on activities that cause mortality risks, but they do so in puzzlingly different ways. Under a relatively new and still-controversial procedure, administrative regulations rely on a fixed value of a statistical life representing the hedonic loss from death. Under much older law, tort law in most states excludes hedonic loss from the calculation of damages, and instead focuses on loss of income, which regulatory policy ignores. Regulatory policy also disregards losses to dependents; tort law usually allows dependents to recover for loss of support. Regulatory policy generally treats the loss of the …

Contracts And Electronic Agents, Sabrina Kis

LLM Theses and Essays

The purpose of this thesis is to analyze the formation of contracts concluded by electronic agents both in the European Union and the United States. Technology is in constant evolution and the possibilities offered by electronic agents today are far from the ones that could be developed tomorrow. Thus, law faces a permanent challenge to adapt itself to these changes. This paper aims to show that the existing principles do not provide an appropriate legal frame for this new type of contract. In addition, since legislatures have attempted to regulate this new way of doing business, this thesis analyzes the …

Increasing The Jury Pool: Impact Of The Employer Tax Credit, Paula Hannaford-Agor

Faculty Publications

To address the problem of financial hardship associated with jury service, both the California Blue Ribbon Commission on Jury System Improvement and the Task Force on Jury System Improvements proposed implementation of a tax credit to encour­age employers to pay the salaries and wages of employees who are summoned for jury service. To assess the financial impact of the proposal on California employers as well as the state budget, the Administrative Office of the Courts (AOC) un­dertook the Juror Compensation Survey to document the extent to which California employ­ers currently compensate employees while on jury service.

The completed surveys were …

The Expansion Of New Jersey's Dna Database Statute: The Inclusion Of All Convicted Felons, Suzanne L. Nelson

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Here Comes The Neighborhood - Virginia V. Hicks And How The New York Legislature Should Empower Law Enforcement With More Powerful Trespass-Barment Statutes As A Tool To Combat Crime In Public Housing Projects, David G. Lazarus

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

11th Annual Sandra Day O'Connor Medal Of Honor Maryanne Trump Barry, Recipient April 16, 2004

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Guide To New Jersey Corporate Political Action Committees After The 2004 Campaign Finance Legislation And Executive Order, Steven H. Sholk

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Museletter: August 2004, Caroline L. Osborne

Museletter

This Issue:

Welcome New and Returning Students

Technical Services Welcomes all Students to the 2004/2005 Academic Year

Greetings from Access Services!

What You Said About the Law Library by Joyce Manna Janto, Deputy Director of the Law Library

LawRef Pop Quiz

It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this article is to illustrate why NEPA should be applied extraterritorially. For purposes of this article, extraterritorially means "beyond the territorial jurisdiction of the United States." Section One discusses the mandates of NEPA and its importance to the protection of the environment. In the second section, the article addresses the historic treatment of the issue of NEPA' s extraterritorial application by the legislative, executive and judicial branches. The third section analyzes the possible future treatment of the issue by those branches. The fourth section consists of a discussion of the reasons why NEPA should be applied extraterritorially. …

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh

Law Faculty Articles and Essays

Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …

Moot Court Executive Board And Teams 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

First Things First: Federal Courts Should Determine The Legal Status Of Lloyd's Of London Syndicate Before Deciding The Syndicate's Citizenship For Diversity Purposes, John M. Brust

Washington Law Review

Lloyd's of London provides a marketplace where groups of underwriters form syndicates to insure risk. The United States Circuit Courts of Appeals have split on the question of how to determine whether a federal court has diversity jurisdiction over a controversy involving Lloyd's syndicates. In a diversity action, each party must have diverse citizenship from all opposing parties. Circuit courts disagree about which diversity of citizenship test applies to suits involving Lloyd's syndicates. The Second, Third, and Sixth Circuits have applied the real party in interest test. This test looks only to the citizenship of the parties that have a …

Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2002-2003, Report 1: Overview Of Services And Provider Characteristics, Deborah Metzel, Heike Boeltzig, John Butterworth, Dana Scott Gilmore

Research to Practice Series, Institute for Community Inclusion

Two briefs examine the services people with developmental disabilities receive from community rehabilitation providers (CRPs). Despite recent emphasis on work in the disability field, people with DD were predominantly in sheltered employment or non-work services. Of people with DD in integrated employment, the majority had individual competitive jobs. However, three group employment models had above-average percentages of individuals with DD.

Salt Equalizer, Vol. 2004, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Bob Dinerstein, Judical Nominations: The White House Proposes, the Senate Opposes, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Kent Greenfield & Sylvia Law, Excerpts from July 7, 2004 Letter on Solomon Amendment Litigation, at 4.

Laura Rovner, Lawsuit Against UND Law Clinic and Professor Dismissed with Prejudice, at 6.

Eileen Kaufman, SALT Members Encouraged to Attend October Bar Exam Conference, at 6.

Tayyab Mahmud, "Class in the Classroom": SALT's Teaching Conference to be Held in Las Vegas on October 15-16, at 7.

Joan Howarth, Retreat and …

Examining Voir Dire In California, Paula Hannaford-Agor, Nicole L. Waters

Faculty Publications

Much of the debate over peremptory challenge use in California was based primarily on anecdotal information that failed to provide a consistent or reliable view of ac­tual practices in the California superior courts. To help inform the debate, the Administrative Office of the Courts contracted with the National Center for State Courts to investigate current usage practices and estimate the potential impact of the proposed reductions in peremptory challenges. Because of the nexus between peremptory challenges and challenges for cause, the study was designed to examine pe­remptory challenges in the context of the entire voir dire process, including judicial decision …

Assessment Of Clinical Skills In Medicine And Law, Jayne W. Barnard

Popular Media

No abstract provided.

Yale Kamisar The Teacher, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

"Doublethink"Ing Privacy Under The Multi-State Antiterrorism Information Exchange, Thomas V. Burch

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Seton Hall Legislative Bureau - Vol. 29, No. 1 2004

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 29, No. 1 2004

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Back To The Future With The Consumer Fraud Act: New Jersey Sets The Standard For Consumer Protection, Lisa J. Trembly, Michael F. Bevacqua

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Legal Services Corporation's Solicitation Restriction And The Unconstitutional Conditions Doctrine: Has The Death Knell Sounded For Future Challenges To The Restriction?, Deborah Kelly

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh

Faculty Scholarship

It is surely a luxury, at this point in the field of dispute resolution, to be invited to identify those concepts that I view as absolutely essential to our canon. Borrowing a bit from Chris Guthrie's wine illustration, I think it is fair to suggest that today's presentations reveal a very impressive wine cellar, with many bottles of fine wine from which to choose. I will spotlight one part of this wine cellar, where concepts regarding procedural and social justice theories can be found. I will focus primarily on procedural justice but will also reference those theories of social justice …

Implementing New Jersey's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The "Material Support Or Resources" Provisions Of The September 11, 2001 Anti-Terrorism Act And The "Freezing Funds And Assets Related To Terrorism" Legislation In The New Jersey Criminal Code, James B. Johnston

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Settling Significant Cases, Jeffrey R. Seul

Washington Law Review

Negotiation, mediation, and other consensus-based alternatives to litigation are most often studied and defended in the context of ordinary disputes, in which liability and distributive issues are contested, but the background norms that govern the outcome of a lawsuit are not. Many consider adjudication to be the only acceptable process for addressing "significant cases": disputes about abortion, school prayer, the environment, and other value-laden issues in which background norms are contested. I argue that this perspective is ironic because litigation, like negotiation, entails compromise. Litigation is a lottery in which the substantive values a party seeks to defend, and which …

When Prisoners Are Weary And Their Religious Exercise Burdened, Rluipa Provides Some Rest For Their Souls, Anne Y. Chiu

Washington Law Review

The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) prohibits state and local governments from substantially burdening a prisoner's exercise of religion unless the government can show that its action is the least restrictive means of furthering a compelling governmental interest. Prior to RLUIPA, courts subjected prisoners' claims of violations of their right to exercise their religion to a "rational-relationship" standard. Because RLUIPA ("the Act") places a "strict scrutiny" standard on government actions burdening prisoners' religious exercise, the Act is a legislative accommodation of religion. Under Lemon v. Kurtzman, legislative accommodations violate the Establishment Clause if their …