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Articles 1 - 22 of 22
Full-Text Articles in Law
Property Is A Two-Way Street: Personal Copyright Use And Implied Authorization, Michael Grynberg
Property Is A Two-Way Street: Personal Copyright Use And Implied Authorization, Michael Grynberg
College of Law Faculty
No abstract provided.
Dialogue Magazine, Spring 2010
Dialogue Magazine, Spring 2010
Dialogue, the magazine of the DePaul University College of Law
No abstract provided.
Harvard, Hedge Funds, And Tax Havens: Reforming The Tax Treatment Of Investment Income Earned By Tax-Exempt Entities, Emily Cauble
Harvard, Hedge Funds, And Tax Havens: Reforming The Tax Treatment Of Investment Income Earned By Tax-Exempt Entities, Emily Cauble
College of Law Faculty
Educational endowments, private employer-sponsored pension plans, and other tax-exempt organizations (collectively, “tax-exempt entities”) invest a substantial amount of capital in various sectors of the economy, and tax consequences can determine whether or not a tax-exempt entity, like any other entity, makes a potential investment. Consequently, the tax treatment of investment income earned by tax-exempt entities can affect significantly the manner in which capital is allocated on an economy-wide basis. The current tax system applies different effective rates of tax to income earned by tax-exempt entities from otherwise comparable investments. This inconsistent tax treatment distorts investment decisions made by such entities …
Harvard, Hedge Funds, And Tax Havens: Reforming The Tax Treatment Of Investment Income Earned By Tax-Exempt Entities, Emily Cauble
Harvard, Hedge Funds, And Tax Havens: Reforming The Tax Treatment Of Investment Income Earned By Tax-Exempt Entities, Emily Cauble
College of Law Faculty
Educational endowments, private employer-sponsored pension plans, and other tax-exempt organizations (collectively, “tax-exempt entities”) invest a substantial amount of capital in various sectors of the economy, and tax consequences can determine whether or not a tax-exempt entity, like any other entity, makes a potential investment. Consequently, the tax treatment of investment income earned by tax-exempt entities can affect significantly the manner in which capital is allocated on an economy-wide basis. The current tax system applies different effective rates of tax to income earned by tax-exempt entities from otherwise comparable investments. This inconsistent tax treatment distorts investment decisions made by such entities …
Legislative Rules, Nonlegislative Rules, And The Perils Of The Short Cut, David Franklin
Legislative Rules, Nonlegislative Rules, And The Perils Of The Short Cut, David Franklin
College of Law Faculty
Courts have long struggled to distinguish legislative rules, which are designed to have binding legal effect and must go through the rulemaking procedure known as notice and comment, from nonlegislative rules, which are not meant to have binding legal effect and are exempted from notice and comment. The distinction has been called “tenuous,” “baffling,” and “enshrouded in considerable smog.” What is just as baffling is that prominent commentators such as John Manning, Peter Strauss, William Funk and Donald Elliot have proposed a simple solution to the problem—and courts have failed to take them up on it. Rather than inquiring into …
Intellectual Property Law And Jewish Law: A Comparative Perspective On Absolutism, Roberta Kwall
Intellectual Property Law And Jewish Law: A Comparative Perspective On Absolutism, Roberta Kwall
College of Law Faculty
No abstract provided.
A New Look At Section 504 And The Ada In Special Education Cases, Mark Weber
A New Look At Section 504 And The Ada In Special Education Cases, Mark Weber
College of Law Faculty
School districts are finding fewer children eligible for services under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has expanded the number of children who are protected by section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). These developments present the largely unexplored question of what obligations school districts owe children who have disabilities and are protected under section 504 and the ADA, but who are not eligible for services under IDEA. This article concludes that these children must be provided an education that meets their needs as adequately …
Settling Idea Cases: Making Up Is Hard To Do, Mark Weber
Settling Idea Cases: Making Up Is Hard To Do, Mark Weber
College of Law Faculty
Like most other legal disputes, most cases brought under the Individuals with Disabilities Education Act (IDEA) settle. But although IDEA, the federal law governing special education, was enacted a generation ago, litigants still lack guidance how the mechanisms of settlement should work, what the settlement agreement should look like, and what to do if one side of the dispute fails to live up to its agreement. Settling an IDEA case entails unique issues—and unique pitfalls—that make the topic even more challenging than the settlement of other cases. IDEA has a mediation provision with extensive requirements and a one-of-a-kind prehearing settlement …
Special Education From The (Damp) Ground Up: Children With Disabilities In A Charter School-Dependent Educational System, Mark Weber
College of Law Faculty
Hurricane Katrina created the need and the opportunity to reconstitute the New Orleans public school system. Educational reformers took advantage of the destruction of existing institutions to build a new system based on educational choice and dependent on charter schools to provide the choices. The disaster also created the need and opportunity to rebuild the system of special education in the city, but education for children with disabilities appears to have been an afterthought. Reports have surfaced of children being steered away from charter schools or inadequately served there. This paper asks what principles should guide reformers in establishing education …
Unreasonable Accommodation And Due Hardship, Mark Weber
Unreasonable Accommodation And Due Hardship, Mark Weber
College of Law Faculty
This Article analyzes authoritative sources concerning the Americans with Disabilities Act accommodation requirement and concludes: (1) Reasonable accommodation and undue hardship are two sides of the same coin. The statutory duty is accommodation up to the limit of hardship, and reasonable accommodation should not be a separate hurdle for claimants to surmount apart from the undue hardship defense. There is no such thing as “unreasonable accommodation” or “due hardship.” (2) The duty to accommodate is a substantial obligation, one that may be expensive to satisfy, and one that is not subject to a cost-benefits balance, but rather a cost-resources balance; …
Perspectives On International Criminal Justice, M. Bassiouni
Perspectives On International Criminal Justice, M. Bassiouni
College of Law Faculty
No abstract provided.
Perspectives On International Criminal Justice, M. Bassiouni
Perspectives On International Criminal Justice, M. Bassiouni
College of Law Faculty
No abstract provided.
Confronting The Past: The Elusive Search For Post-Conflict Justice, Bruce Ottley, Theresa Kleinhaus
Confronting The Past: The Elusive Search For Post-Conflict Justice, Bruce Ottley, Theresa Kleinhaus
College of Law Faculty
No abstract provided.
The End Of Originalism, Jeffrey Shaman
The End Of Originalism, Jeffrey Shaman
College of Law Faculty
This essay maintains that originalism—the idea that the Constitution should be interpreted according to its original meaning--is nearing its demise. Ironically, the beginning of the end of originalism may have been prompted by the Supreme Court’s decision in District of Columbia v. Heller, marking the first time that a majority of the Court signed onto an opinion emphatically taking an originalist slant. Heller may represent the apogee of originalism and, because it exposes the fundamental flaws of originalism, may also mark the beginning of its decline.
Originalism is a radical departure from the Supreme Court’s well-established jurisprudence of a living …
The Promise And Pitfalls Of Neuroscience For Criminal Law And Procedure, Susan Bandes
The Promise And Pitfalls Of Neuroscience For Criminal Law And Procedure, Susan Bandes
College of Law Faculty
No abstract provided.
'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble
'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
No abstract provided.
Hr And Mission, Craig Mousin, Gary Miller
Hr And Mission, Craig Mousin, Gary Miller
Mission and Ministry Publications
No abstract provided.
403(B) Retirement Plans And Socially Responsible Investments, Craig Mousin
403(B) Retirement Plans And Socially Responsible Investments, Craig Mousin
Mission and Ministry Publications
No abstract provided.
Settling Idea Cases: Making Up Is Hard To Do, Mark C. Weber
Settling Idea Cases: Making Up Is Hard To Do, Mark C. Weber
Mark C. Weber
Like most other legal disputes, most cases brought under the Individuals with Disabilities Education Act (IDEA) settle. But although IDEA, the federal law governing special education, was enacted a generation ago, litigants still lack guidance how the mechanisms of settlement should work, what the settlement agreement should look like, and what to do if one side of the dispute fails to live up to its agreement. Settling an IDEA case entails unique issues—and unique pitfalls—that make the topic even more challenging than the settlement of other cases. IDEA has a mediation provision with extensive requirements and a one-of-a-kind prehearing settlement …
A New Look At Section 504 And The Ada In Special Education Cases, Mark C. Weber
A New Look At Section 504 And The Ada In Special Education Cases, Mark C. Weber
Mark C. Weber
School districts are finding fewer children eligible for services under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has expanded the number of children who are protected by section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). These developments present the largely unexplored question of what obligations school districts owe children who have disabilities and are protected under section 504 and the ADA, but who are not eligible for services under IDEA. This article concludes that these children must be provided an education that meets their needs as adequately …
Special Education From The (Damp) Ground Up: Children With Disabilities In A Charter School-Dependent Educational System, Mark C. Weber
Special Education From The (Damp) Ground Up: Children With Disabilities In A Charter School-Dependent Educational System, Mark C. Weber
Mark C. Weber
Hurricane Katrina created the need and the opportunity to reconstitute the New Orleans public school system. Educational reformers took advantage of the destruction of existing institutions to build a new system based on educational choice and dependent on charter schools to provide the choices. The disaster also created the need and opportunity to rebuild the system of special education in the city, but education for children with disabilities appears to have been an afterthought. Reports have surfaced of children being steered away from charter schools or inadequately served there. This paper asks what principles should guide reformers in establishing education …
Unreasonable Accommodation And Due Hardship, Mark C. Weber
Unreasonable Accommodation And Due Hardship, Mark C. Weber
Mark C. Weber
This Article analyzes authoritative sources concerning the Americans with Disabilities Act accommodation requirement and concludes: (1) Reasonable accommodation and undue hardship are two sides of the same coin. The statutory duty is accommodation up to the limit of hardship, and reasonable accommodation should not be a separate hurdle for claimants to surmount apart from the undue hardship defense. There is no such thing as “unreasonable accommodation” or “due hardship.” (2) The duty to accommodate is a substantial obligation, one that may be expensive to satisfy, and one that is not subject to a cost-benefits balance, but rather a cost-resources balance; …