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2004

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Articles 8791 - 8820 of 9681

Full-Text Articles in Law

The Contingent Attorney's Fee Tax Trap: Ethical, Fiduciary Duty, And Malpractice Implications, Gregg D. Polsky Jan 2004

The Contingent Attorney's Fee Tax Trap: Ethical, Fiduciary Duty, And Malpractice Implications, Gregg D. Polsky

Scholarly Works

In employment and civil rights lawsuits, the alternative minimum tax may cause a plaintiff's net recovery to be taxed at rates significantly higher than the current maximum rate of 35 percent. This Essay discusses the ethical, fiduciary duty and malpractice implications for lawyers representing plaintiffs who may be affected by this tax trap.

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Litigation Expenses And The Alternative Minimum Tax, Gregg D. Polsky, Brant J. Hellwig Jan 2004

Litigation Expenses And The Alternative Minimum Tax, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

One of the chief features of the alternative minimum tax (the "AMT") is a broadened tax base, accomplished in part through the disallowance of deductions that are not central to measuring an individual's net income. Yet in achieving its objective of limiting deductions, the AMT casts a wide net. Thus, in certain instances, an individual can be robbed of the tax benefit of expenses that were critical to the production of the income being taxed. An extreme example of this problem is the treatment of certain litigation expenses under the AMT. If an individual incurs attorney fees and other associated …

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If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade Jan 2004

If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade

Scholarly Works

This Note argues that the Kasky court was correct to recognize that today's commercial speech encompasses communications beyond traditional advertisements about products or services. Corporations are aware that a sizeable number of consumers rely on their statements about their business operations when making investment and purchasing decisions. In order to ensure the accuracy of these statements, and thereby protect the integrity of the market, this speech is properly considered commercial speech.

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Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White Jan 2004

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White

Scholarly Works

The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …

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Academic Law Library Directors’ Law School Courses, Ann Puckett Jan 2004

Academic Law Library Directors’ Law School Courses, Ann Puckett

Scholarly Works

Summarizes informal survey of law library directors concerning topics on which they have taught courses.

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Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr. Jan 2004

Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.

Scholarly Works

Georgia local government law not only encompasses a forbidding substantive expanse; it occupies a dominating presence before the Georgia appellate courts. Those courts are called to resolve all manner of litigation erupting from citizen exposure to government at its first level. The controversies feature issues both recurring and unique; they represent nothing less than the essence of law in daily life. An annual effort to chronicle those controversies over a good number of years reveals two (among many) distinct facets. First, local government liability has consistently dwarfed all other litigated issues; and second, this pervading characteristic emits no signs of …

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Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson Jan 2004

Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson

Scholarly Works

These remarks were made at the Georgia Journal of international and Comparative Law's conference of April 16, 2004, "From Autocracy to Democracy: The Effort to Establish Market Democracies in Iraq and Afghanistan."

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Environmental Law, Eleventh Circuit Survey, Travis M. Trimble Jan 2004

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency (“EPA”) to address compliance issues through the issuance of administrative compliance orders are unconstitutional2 and that the Clean Air Act does not waive the United States’ defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …

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Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz Jan 2004

Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz

Scholarly Works

The University of Georgia School of Law community and the legal academy lost a dear friend, an outstanding scholar, and a wonderful colleague and teacher when Ray Patterson died after a long career and a short illness in November 2003.

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Summary Of Browning V. State, 120 Nev. Adv. Rep. 39, Nevada Law Journal Jan 2004

Summary Of Browning V. State, 120 Nev. Adv. Rep. 39, Nevada Law Journal

Nevada Supreme Court Summaries

Appeal from a petition for post-conviction relief dismissed by the Eighth Judicial District Court, State of Nevada, finding that Petitioner “received effective assistance of counsel and that his other claims were procedurally barred.”

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Summary Of D. R. Horton, Inc. V. Green, 120 Nev. Adv. Op. 63, Hilary Barrett Muckleroy Jan 2004

Summary Of D. R. Horton, Inc. V. Green, 120 Nev. Adv. Op. 63, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion to compel arbitration.

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Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano Jan 2004

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.

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Summary Of Desert Fireplaces Plus, Inc. V. Eighth Judicial Dist. Court, 120 Nev. Adv. Op. 70, Hilary Barrett Muckleroy Jan 2004

Summary Of Desert Fireplaces Plus, Inc. V. Eighth Judicial Dist. Court, 120 Nev. Adv. Op. 70, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court order denying a motion to dismiss in a construction defect action.

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Summary Of Desert Valley Construction And Employers Insurance Company Of Nevada V. Keith Hurley, 120 Nev. Adv. Op. No. 55, Kirk Reynolds Jan 2004

Summary Of Desert Valley Construction And Employers Insurance Company Of Nevada V. Keith Hurley, 120 Nev. Adv. Op. No. 55, Kirk Reynolds

Nevada Supreme Court Summaries

Employers Desert Valley Construction and Employers Insurance Company of Nevada (EICN) appealed from an order denying their petition for judicial review of a workers’ compensation award in favor of respondent Keith Hurley.

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Summary Of Diaz V. Ferne, 120 Nev. Adv. Op. 12, Christopher W. Carson Jan 2004

Summary Of Diaz V. Ferne, 120 Nev. Adv. Op. 12, Christopher W. Carson

Nevada Supreme Court Summaries

Appeal from a permanent injunction issued by the Fifth Judicial District Court of Nevada barring a family from installing a manufactured home on their lot in a subdivision in Pahrump, Nevada.

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Summary Of Flynn V. Flynn, 120 Nev. Adv. Op. No. 49, Kirk Reynolds Jan 2004

Summary Of Flynn V. Flynn, 120 Nev. Adv. Op. No. 49, Kirk Reynolds

Nevada Supreme Court Summaries

Terri Flynn appealed a denial from a post-divorce decree denying her permission to relocate with the parties’ minor child to California for the purpose of Terri pursuing an associate’s degree in theology.

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Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner Jan 2004

Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner

Nevada Supreme Court Summaries

This case was an appeal and cross-appeal dealing with Nevada’s Uniform Arbitration Act and the scope of judicial review of an arbitration award.

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Summary Of In Re Mosley, 120 Nev. Adv. Rep. 94, Christopher Carson Jan 2004

Summary Of In Re Mosley, 120 Nev. Adv. Rep. 94, Christopher Carson

Nevada Supreme Court Summaries

This case is an appeal of the evidentiary findings of the Nevada Commission on Judicial Discipline (Commission) on eleven different counts of an official complaint filed by a special prosecutor against the Honorable Donald M. Mosley (Judge Mosley). The complaint listed eleven inappropriate actions Judge Mosley allegedly committed from August of 1997 through August 1999. The counts alleged that Judge Mosley: Count I- Wrote a personal letter on official judicial letterhead to the principal of his son’s school in August 1999; Count II- Wrote a personal letter on official judicial letterhead to the principal of his son’s school in February …

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Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang Jan 2004

Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment entered pursuant to a jury verdict in an action concerning a construction contract.

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Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis Jan 2004

Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis

Nevada Supreme Court Summaries

Appeal from a conviction and sentence of death by jury trial in the Eighth Judicial District Court, State of Nevada, finding the Petitioner “guilty of burglary, robbery, first-degree kidnapping, and first degree murder, all committed with the assistance of a child.”

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Summary Of Kourafas V. Basic Food Flavors, Inc., 120 Nev. Adv. Op. 22, Hilary Barrett Muckleroy Jan 2004

Summary Of Kourafas V. Basic Food Flavors, Inc., 120 Nev. Adv. Op. 22, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order dismissing appellant’s breach of contract claim and awarding attorney’s fees and costs to respondent.

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Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy Jan 2004

Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order denying a post-conviction petition for a write of habeas corpus.

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Summary Of Martinez V. State, Scott Whittemore Jan 2004

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

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Summary Of Nolm, Llc V. County Of Clark, Matt Wagner Jan 2004

Summary Of Nolm, Llc V. County Of Clark, Matt Wagner

Nevada Supreme Court Summaries

Clark County (“the County”) wanted to sell the remnants of two parcels of land after finishing constructing five lanes at the Desert Inn Arterial. The combined acreage of the two parcels totaled .49 acres. At a public auction, the County advertised the land under the former legal description, which described the property as being .92 acres. Neil Ohriner, the sole owner of Nolm, LLC, realized the legal property description was incorrect. He then bid on the parcels, winning them for $340,000.00. The Grant, Bargain, and Sale Deed delivered to escrow likewise incorrectly described the property as .92 acres. After escrow …

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Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano Jan 2004

Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano

Nevada Supreme Court Summaries

Petition denied. Under NRS 78.730, the Secretary of State has discretion to revive a corporate charter that has been revoked for a period of five or more years.

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Summary Of Rickard V. Montgomery Ward & Co., 120 Nev. Ad. Op. 54, Amanda Yen Jan 2004

Summary Of Rickard V. Montgomery Ward & Co., 120 Nev. Ad. Op. 54, Amanda Yen

Nevada Supreme Court Summaries

On January 23, 1993, appellant David Rickard was involved in an incident at the Montgomery Ward store. On April 20, 1993, he filed a complaint in the Clark County District Court alleging various claims against the store. Approximately four years after the complaint was filed in court, Ward filed a chapter 11 bankruptcy proceeding with the United States Bankruptcy Court in the District of Delaware. In accordance with federal bankruptcy law, Rickard’s action in the Nevada district court was stayed. On August 25, 1998, Rickard filed a motion for relief from stay in order to further his action against Ward. …

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Summary Of Ringle V. Bruton, Kirk Reynolds Jan 2004

Summary Of Ringle V. Bruton, Kirk Reynolds

Nevada Supreme Court Summaries

Ringle was the owner of the Stagecoach Casino and Hotel in Beatty, Nevada and hired Bruton in June 1992 to work as the general manager of the facility. Bruton agreed to a two-year contract with an annual gross salary of $44,990 as well as $1,800 in monthly bonuses provided certain goals were reached. Bruton was employed at the Stagecoach for four years. After two years, the parties did not execute a new contract, nor did they renew the old contract. After the contract expired in 1994, Ringle provided Bruton with a company car as well as periodic raises for which …

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Summary Of Roberts V. State, Christina H. Wang Jan 2004

Summary Of Roberts V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of one count of possession of a controlled substance

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Summary Of Rodriguez V. District Court, 128 Nev. Adv. Op. 14, Rami Hernandez Jan 2004

Summary Of Rodriguez V. District Court, 128 Nev. Adv. Op. 14, Rami Hernandez

Nevada Supreme Court Summaries

Petitioner Charles Rodriguez (Rodriguez) and the real party in interest, Nicole Eddowes (Eddowes), divorced in November 2001. The terms of the initial custody order and divorce decree awarded primary physical custody of the couple’s daughter to Eddowes and ordered Rodriguez to pay child support, half of the child’s insurance premiums, and half of any unreimbursed medical expenses incurred on the child’s behalf. Rodriguez failed to make payments as required, and on March 1, 2004, the district court issued its third contempt order against Rodriguez for the non-payment of child support. The district court denied Rodriguez’s assertion that he was an …

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Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson Jan 2004

Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson

Nevada Supreme Court Summaries

This case was an appeal by the State from a district court order dismissing charges of lewdness with a minor for failure to meet an essential element of the test laid out in NRS 201.230. Catanio worked as a teacher’s aide and volunteer track coach at a middle school in Reno, Nevada. During the fall of 2002, Catanio befriended three young boys and began giving them gifts on a daily basis. The gifts escalated from candy to more elaborate, personal and inappropriate objects including video game systems, air pistols, pornographic material and condoms. In December 2002, Catanio escalated the relationship …

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