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2007

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Institution
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Articles 8611 - 8640 of 10558

Full-Text Articles in Law

Marriage Matters: A Case For A Get-The-Job-Done-Right Federal Marriage Amendment, Steven W. Fitschen Jan 2007

Marriage Matters: A Case For A Get-The-Job-Done-Right Federal Marriage Amendment, Steven W. Fitschen

North Dakota Law Review

No abstract provided.


The Question Raised By Lawrence: Marriage, The Supreme Court And A Written Constitution, Richard G.Wilkins, John Nielsen Jan 2007

The Question Raised By Lawrence: Marriage, The Supreme Court And A Written Constitution, Richard G.Wilkins, John Nielsen

North Dakota Law Review

No abstract provided.


Divorce - Spousal Support: By Abolishing The Disadvantaged Spouse Doctrine, The North Dakota Supreme Court Reconstructs The Requirements For Rehabilitative Spousal Support, Elizabeth Elsberry Jan 2007

Divorce - Spousal Support: By Abolishing The Disadvantaged Spouse Doctrine, The North Dakota Supreme Court Reconstructs The Requirements For Rehabilitative Spousal Support, Elizabeth Elsberry

North Dakota Law Review

Sack v. Sack, 2006 ND 57, 711 N.W.2d 157


The Constitutional Development Of The European Union, Henrik Bull Jan 2007

The Constitutional Development Of The European Union, Henrik Bull

North Dakota Law Review

No abstract provided.


Broken Trust: Greed, Mismanagement & Political Manipulation At America's Largest Charitable Trust, Bradley Myers Jan 2007

Broken Trust: Greed, Mismanagement & Political Manipulation At America's Largest Charitable Trust, Bradley Myers

North Dakota Law Review

No abstract provided.


Gimme Shelter: How The Accountant's Contingency Fee And The Attorney's Opinion Letter Have Contributed To The Proliferation Of Abusive Tax Shelters, Matthew Piper Jan 2007

Gimme Shelter: How The Accountant's Contingency Fee And The Attorney's Opinion Letter Have Contributed To The Proliferation Of Abusive Tax Shelters, Matthew Piper

North Dakota Law Review

No abstract provided.


A New Twist To The Substitute-For-Ordinary Income Doctrine: Third Circuit Adopts "Family Resemblance" Test To Characterize Sale Of Lottery Proceeds As Ordinary Income, Timothy R. Koski Jan 2007

A New Twist To The Substitute-For-Ordinary Income Doctrine: Third Circuit Adopts "Family Resemblance" Test To Characterize Sale Of Lottery Proceeds As Ordinary Income, Timothy R. Koski

North Dakota Law Review

No abstract provided.


Gender Fairness In North Dakota's Courts: A Ten-Year Assessment, Gender Fairness Implementation Committee Jan 2007

Gender Fairness In North Dakota's Courts: A Ten-Year Assessment, Gender Fairness Implementation Committee

North Dakota Law Review

No abstract provided.


Impartiality Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: A Checklist Of The Legal Boundaries, Peter J. Maher, Perry A. Zirkel Jan 2007

Impartiality Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: A Checklist Of The Legal Boundaries, Peter J. Maher, Perry A. Zirkel

North Dakota Law Review

No abstract provided.


Therapeutic Jurisprudence: The Impact Of Mental Health Courts On The Criminal Justice System, Andrea M. Odegaard Jan 2007

Therapeutic Jurisprudence: The Impact Of Mental Health Courts On The Criminal Justice System, Andrea M. Odegaard

North Dakota Law Review

No abstract provided.


Strip Searches Incident To Arrest: Cabining The Authority To Humiliate, Eugene L. Shapiro Jan 2007

Strip Searches Incident To Arrest: Cabining The Authority To Humiliate, Eugene L. Shapiro

North Dakota Law Review

No abstract provided.


"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky Jan 2007

"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky

North Dakota Law Review

No abstract provided.


Is Tyler Durden Insane?, J.C. Oleson Jan 2007

Is Tyler Durden Insane?, J.C. Oleson

North Dakota Law Review

No abstract provided.


Private And Public Necessity And The Violation Of Property Rights, John Alan Cohan Jan 2007

Private And Public Necessity And The Violation Of Property Rights, John Alan Cohan

North Dakota Law Review

No abstract provided.


Is Past Prologue?, Robert Fabrikant Jan 2007

Is Past Prologue?, Robert Fabrikant

North Dakota Law Review

No abstract provided.


Wagon-Circling Prohibited: Forsaking Constitutional Rights As A Means To Prosecute Business Organizations, Madeleine E. Moise Cassetta Jan 2007

Wagon-Circling Prohibited: Forsaking Constitutional Rights As A Means To Prosecute Business Organizations, Madeleine E. Moise Cassetta

North Dakota Law Review

No abstract provided.


Crawford's Short-Lived Revolution: How Davis V. Washington Reins In Crawford's Reach, Josephine Ross Jan 2007

Crawford's Short-Lived Revolution: How Davis V. Washington Reins In Crawford's Reach, Josephine Ross

North Dakota Law Review

No abstract provided.


The Municipal Ideal And The Unknown End: A Resolution Of Oliver Wendell Holmes, Michael F. Duggan, Ph.D Jan 2007

The Municipal Ideal And The Unknown End: A Resolution Of Oliver Wendell Holmes, Michael F. Duggan, Ph.D

North Dakota Law Review

No abstract provided.


Implied Waiver Of Physician And Psychotherapist - Patient Privilege In North Dakota Medical Malpractice And Personal Injury Litigation, Alvin O. Boucher Jan 2007

Implied Waiver Of Physician And Psychotherapist - Patient Privilege In North Dakota Medical Malpractice And Personal Injury Litigation, Alvin O. Boucher

North Dakota Law Review

No abstract provided.


The Pilot In Command And The Fars: The Buck Stops Here (Almost Always), Raymond C. Speciale, Brett D. Venhuizen Jan 2007

The Pilot In Command And The Fars: The Buck Stops Here (Almost Always), Raymond C. Speciale, Brett D. Venhuizen

North Dakota Law Review

No abstract provided.


Deference To A Hearing Panel?: Emerging Trends In The Disciplinary Decisions Of The Supreme Court Of North Dakota - 2004-2007, Katharine Traylor Schaffzin Jan 2007

Deference To A Hearing Panel?: Emerging Trends In The Disciplinary Decisions Of The Supreme Court Of North Dakota - 2004-2007, Katharine Traylor Schaffzin

North Dakota Law Review

No abstract provided.


Constitutional Law - Commerce Clause And Privileges And Immunities Clause: Eighth Circuit Court Of Appeals Upholds North Dakota's Nonresident Hunting Regulations, Reaffirming States' Rights To Regulate Wildlife Resources Within Their Borders, Andrew Cook Jan 2007

Constitutional Law - Commerce Clause And Privileges And Immunities Clause: Eighth Circuit Court Of Appeals Upholds North Dakota's Nonresident Hunting Regulations, Reaffirming States' Rights To Regulate Wildlife Resources Within Their Borders, Andrew Cook

North Dakota Law Review

No abstract provided.


Constitutional Law - Inverse Condemnation: Decision That A Temporary Moratorium Does Not Amount To A Compensable Taking Signifies A Victory For Land-Use Planners, Elizabeth K.H. Krogstad Jan 2007

Constitutional Law - Inverse Condemnation: Decision That A Temporary Moratorium Does Not Amount To A Compensable Taking Signifies A Victory For Land-Use Planners, Elizabeth K.H. Krogstad

North Dakota Law Review

Wild Rice River Estates, Inc. v. City of Fargo, 2005 ND 193, 705 N.W.2d 850


North Dakota Supreme Court Review, North Dakota Law Review Associate Editors Jan 2007

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.


Proceedings Of The One Hundred Eighth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association Jan 2007

Proceedings Of The One Hundred Eighth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.


Fixing 404, Joseph A. Grundfest, Steven E. Bochner Jan 2007

Fixing 404, Joseph A. Grundfest, Steven E. Bochner

Michigan Law Review

Although debate persists as to whether the costs of Sarbanes-Oxley's Section 404 regulations exceed their benefits, there is broad consensus that the rules have been inefficiently implemented. Substantive and procedural factors contribute to the rules' inefficiency. From a substantive perspective, the terms "material weakness" and "significant deficiency" are central to the implementing regulations and are easily interpreted to legitimize audits of controls that have only a remote probability of causing an inconsequential effect on the issuer's financial statements. As a quantitative matter the literature suggests that a control with a remote probability of causing an inconsequential effect has an expected …


A Business Ethics Perspective On Sarbanes-Oxley And The Organizational Sentencing Guidelines, David Hess Jan 2007

A Business Ethics Perspective On Sarbanes-Oxley And The Organizational Sentencing Guidelines, David Hess

Michigan Law Review

This Article assesses the ability of Sarbanes-Oxley and other recent changes in the law and stock exchange listing requirements to reduce the incidence of fraud and to increase the reporting of financial misconduct. It begins by examining the individual decision-makers within a corporation and analyzing their intentions and behaviors under the Theory of Planned Behavior. It then examines the ability of the organization to influence the employees' intentions and behaviors through codes of ethics and compliance programs, and finds growing support for the usefulness of integrity based compliance programs. Finally, the Article considers how the Sarbanes-Oxley legislation and Organizational Sentencing …


Sarbanes-Oxley And The Cross-Listing Premium, Kate Litvak Jan 2007

Sarbanes-Oxley And The Cross-Listing Premium, Kate Litvak

Michigan Law Review

This article tests whether the Sarbanes-Oxley Act ("SOX") affected the premium that investors are willing to pay for shares of foreign companies cross-listed in the United States. I find that from year-end 2001 (pre-SOX) to year-end 2002 (after SOX adoption), the Tobin's q and market/book ratios of foreign companies subject to SOX (cross-listed on levels 2 or 3) declined significantly, relative to Tobin's q and market/book ratios of both (i) matching non-cross-listed foreign companies from the same country, the same industry, and of similar size, and (ii) cross-listed companies from the same country that are not subject to SOX (listed …


What's Good For The Goose Is Not Good For The Gander: Sarbanes-Oxley-Style Nonprofit Reforms, Lumen N. Mulligan Jan 2007

What's Good For The Goose Is Not Good For The Gander: Sarbanes-Oxley-Style Nonprofit Reforms, Lumen N. Mulligan

Michigan Law Review

In this Article, I contend that the Sarbanes-Oxley-inspired nonprofit reforms currently being put forward in seven states, particularly the costly disclosure requirements, will be of little value in the effort to improve ethical nonprofit board governance. After providing a primer on the oversight of nonprofit organizations and highlighting the unique difficulties facing the nonprofit sector the Article reviews the recent Sarbanes-Oxley-like nonprofit reforms introduced in seven states. It then contends that the disclosure- focused reforms that form the bulwark of these initiatives will not foster improved ethical nonprofit board governance. It also argues that this failure stems from the inappropriate …


When Courts Shouldn't Take The Initiative: Section 2 Of The Voting Rights Act, Initiative Petitions, And Operation King's Dream, Francesca Ambrosio Jan 2007

When Courts Shouldn't Take The Initiative: Section 2 Of The Voting Rights Act, Initiative Petitions, And Operation King's Dream, Francesca Ambrosio

Michigan Law Review

This Note argues that interpreting section 2 to exclude initiative proposals during their circulation phase is the only way to avoid insurmountable statutory construction problems and constitutional objections. It grounds the theoretical discussion of the VRA in an analysis of how the court applied section 2 in Operation King's Dream. Part I provides the legal landscape of a section 2 claim, including relevant legislative history and the essential elements of a successful claim. Part II contends that because no voting takes place during the petition phase of a proposal, petition circulation can neither deny nor abridge the right to …