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1983

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Institution
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Articles 271 - 292 of 292

Full-Text Articles in Legislation

Session Law 83-339, Florida Senate & House Of Representatives Jan 1983

Session Law 83-339, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 83-073, Florida Senate & House Of Representatives Jan 1983

Session Law 83-073, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 83-329, Florida Senate & House Of Representatives Jan 1983

Session Law 83-329, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 83-316, Florida Senate & House Of Representatives Jan 1983

Session Law 83-316, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy Jan 1983

The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy

University of Richmond Law Review

The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.


Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee Jan 1983

Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee

University of Richmond Law Review

Recent news articles reflect the fact that conflict of interests problems can affect every person who serves the Commonwealth of Virginia in a governmental capacity. Public officers and employees are frequently faced with the Hobson's choice of either remaining in public life at the expense of divestiture of their private financial holdings or running afoul of the conflict of interests laws. They are not only charged with knowledge of the Virginia Comprehensive Conflict of Interests Act, but are also required, in many instances, to take affirmative steps to avoid violating it. Thus, they must be aware of the situations in …


The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein Jan 1983

The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein

Articles

In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.


Artists' Moral Rights: A European Evolution, An American Revolution, Dan Rosen Jan 1983

Artists' Moral Rights: A European Evolution, An American Revolution, Dan Rosen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White Jan 1983

The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White

Articles

One can view the law of creditors' rights as a series of cyclesin which alternatively the rights of the creditor and then those of the debtor are in ascendancy. Looking back through Americanlegislative history, one sees both the state legislatures and the Congress intervening on behalf of debtors in a variety of ways onmany occasions. An early example of such intervention was the enactment, particularly in the Midwest and West, of generous exemption laws that removed a variety of property beyond the reach of general creditors. A second example is the enactment of usury laws, which continue to be a …


Book Review: Backyard Wilderness, John C. Bjorkman Jan 1983

Book Review: Backyard Wilderness, John C. Bjorkman

Seattle University Law Review

This book review examines David Knibb's Backyard Wilderness.


The 1982 Minimum Tax Amendments As A First Step In The Transition To A "Flat-Rate" Tax, Michael J. Graetz Jan 1983

The 1982 Minimum Tax Amendments As A First Step In The Transition To A "Flat-Rate" Tax, Michael J. Graetz

Faculty Scholarship

The massive body of tax legislation enacted in the first two years of the Reagan Administration offers little guidance for predicting the future direction of United States tax policy. Dramatically different Congressional coalitions – each led by the President – passed by very narrow margins the nation's largest tax reduction (the Economic Recovery Tax Act of 1981) and then the next year enacted the largest peacetime tax increase (the Tax Equity and Fiscal Responsibility Act of 1982). In each case, short-term political and fiscal concerns dominated the debates. The 1981 legislation reduced taxes in an effort to stimulate economic activity …


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss Jan 1983

Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss

Faculty Scholarship

Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.


Fairness In Rate Cuts In The Individual Income Tax, Alan L. Feld Jan 1983

Fairness In Rate Cuts In The Individual Income Tax, Alan L. Feld

Faculty Scholarship

The Economic Recovery Tax Act of 1981 (the 1981 Act) made significant changes in federal income, estate, and gift taxation, touching virtually every taxpayer.1 The centerpiece of the 1981 Act consisted of rate reductions in the individual income tax.2 These reductions, said to average 23%, served a number of different but related objectives. First, those in favor of the tax cuts posited that all taxpayers would benefit from equitable, across-the-board reductions in an excessive and growing tax burden.3 Related to this objective was an anticipated reduction in the size of the federal government, because less tax money …


Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel Jan 1983

Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel

Articles by Maurer Faculty

No abstract provided.


Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan Jan 1983

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.


Cable Television Monopoly And The First Amendment, Jordan S. Stanzler Jan 1983

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.


The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes Jan 1983

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.


A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler Jan 1983

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Articles & Chapters

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.