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Articles 1111 - 1140 of 12633
Full-Text Articles in Law
What Is Criminal Restitution?, Cortney E. Lollar
What Is Criminal Restitution?, Cortney E. Lollar
Law Faculty Scholarly Articles
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …
Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen
Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen
William & Mary Annual Tax Conference
No abstract provided.
Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor
Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor
William & Mary Annual Tax Conference
No abstract provided.
Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair
Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair
William & Mary Annual Tax Conference
No abstract provided.
Overview Of Civil Tax Penalties, Craig D. Bell, Christopher S. Rizek
Overview Of Civil Tax Penalties, Craig D. Bell, Christopher S. Rizek
William & Mary Annual Tax Conference
No abstract provided.
Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway
Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway
William & Mary Annual Tax Conference
No abstract provided.
The New World Of Estate Planning After The 2012 Tax Act 15 (Abbreviated Outline) An Estate Planner's Perspective On Recent Tax Developments: The Year In Review, John B. O'Grady, Howard M. Zaritsky
The New World Of Estate Planning After The 2012 Tax Act 15 (Abbreviated Outline) An Estate Planner's Perspective On Recent Tax Developments: The Year In Review, John B. O'Grady, Howard M. Zaritsky
William & Mary Annual Tax Conference
No abstract provided.
Net Investment Income Tax Planning, Jeanne M. Sullivan
Net Investment Income Tax Planning, Jeanne M. Sullivan
William & Mary Annual Tax Conference
No abstract provided.
Tax Accounting Methods Considerations In Restructuring Transactions, Glenn Carrington, Kristine Mora
Tax Accounting Methods Considerations In Restructuring Transactions, Glenn Carrington, Kristine Mora
William & Mary Annual Tax Conference
No abstract provided.
Contingent Consideration, Contingent Liabilities And Indemnities In Acquisitions (Outline), Robert H. Wellen
Contingent Consideration, Contingent Liabilities And Indemnities In Acquisitions (Outline), Robert H. Wellen
William & Mary Annual Tax Conference
No abstract provided.
The New York Court Of Appeals Visits (And Then Revisits) The Preclusive Impact Of Administrative Findings Of Fact In Subsequent State Court Actions, Jay C. Carlisle
The New York Court Of Appeals Visits (And Then Revisits) The Preclusive Impact Of Administrative Findings Of Fact In Subsequent State Court Actions, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The Court of Appeals decision in Auqui v. Seven Thirty One Limited Partnership, 3 N.E.3d 682 (N.Y. 2013), recognizes that administrative proceedings which take the form of “quasi-judicial” determinations may sometimes be given preclusive impact in subsequent judicial proceedings provided that the identity of issue and full and fair opportunity requirements of collateral estoppel or issue preclusion are satisfied. The decision also recognizes that administrative determinations made without the benefit of rules of evidence, pre-trial disclosure and motion practice should be given very limited affect in subsequent judicial proceedings. The fact that the Empire State’s highest court unanimously reversed itself …
Centennial Dedication: A Brief History Of The Fordham Law Review, Editors
Centennial Dedication: A Brief History Of The Fordham Law Review, Editors
Fordham Law Review
No abstract provided.
The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham
The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham
Louisiana Law Review
No abstract provided.
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Louisiana Law Review
No abstract provided.
Confronting Confrontation In A Facetime Generation: A Substantial Public Policy Standard To Determine The Constitutionality Of Two-Way Live Video Testimony In Criminal Trials, J. Benjamin Aguiñaga
Confronting Confrontation In A Facetime Generation: A Substantial Public Policy Standard To Determine The Constitutionality Of Two-Way Live Video Testimony In Criminal Trials, J. Benjamin Aguiñaga
Louisiana Law Review
No abstract provided.
High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean
High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean
Louisiana Law Review
No abstract provided.
Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski
Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski
LSU Journal of Energy Law and Resources
No abstract provided.
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
LSU Journal of Energy Law and Resources
No abstract provided.
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Classroom, Terrill Pollman
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Classroom, Terrill Pollman
Journal of Legal Education
No abstract provided.
Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan
Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan
Journal Articles
In thinking about education, teachers may spend more time considering what to teach than how to teach. Unfortunately, traditional teaching techniques have limited effectiveness in their ability to help students retain and apply the knowledge either in later classes or in their professional work. What, then, is the value of our teaching efforts if students are unable to transfer the ideas and skills they have learned to later situations?
Teaching for transfer is important to the authors of this article, four clinical professors and one psychologist. The purpose of this article is to provide an introduction to some of the …
The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards
The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards
Journal of Legal Education
No abstract provided.
Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen
Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen
Journal Articles
This Article examines the relationship between judicial review and presidential non-enforcement of statutory law. Defenders of non-enforcement regularly argue that the justification for judicial review that prevailed at the time of the founding also justifies the president in declining to enforce unconstitutional laws. The argument is unsound. This Article shows that there is essentially no historical evidence, from ratification through the first decade under the Constitution, in support of a non-enforcement power. It also shows that the framers repeatedly made statements inconsistent with the supposition that the president could refuse to enforce laws he deemed unconstitutional. In contrast, during this …
What The Best Evidence Rule Is - And What It Isn't, Cynthia Ford
What The Best Evidence Rule Is - And What It Isn't, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Missouri Law Review
This Comment examines the navigator program in the ACA and the political and legal issues surrounding state navigator licensure laws. To provide context, Part I outlines the legislative and legal background of the ACA at the federal level and in Missouri. Going into more detail on the navigator program, Part II first examines the federal regulations as they relate to the requirements of exchanges, the types and functions of consumer assistance programs, and the role of insurance agents and brokers. Part II then analyzes Missouri’s state navigator licensure law and regulation.
Fear Of An Undeterrable Other, Fredrick E. Vars
Fear Of An Undeterrable Other, Fredrick E. Vars
Louisiana Law Review
No abstract provided.
Binding Future Selves, Kaiponanea T. Matsumura
Binding Future Selves, Kaiponanea T. Matsumura
Louisiana Law Review
No abstract provided.
Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv
Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv
Louisiana Law Review
No abstract provided.
Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain
Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain
Louisiana Law Review
No abstract provided.
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Presentations and Speeches
Professor Elizabeth Chamblee Burch was part of a panel on Reforming the Consumer Class Action. This was part of a conference entitled: The Future of Class Action Litigation: A View From the Consumer Class that took place at the New York University School of Law on November 7, 2014
Preface, Tara Badawy