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Articles 331 - 360 of 406
Full-Text Articles in Legislation
Crimes; First Degree Kidnaping, University Of The Pacific, Mcgeorge School Of Law
Crimes; First Degree Kidnaping, University Of The Pacific, Mcgeorge School Of Law
Pacific Law Journal Review of Selected Nevada Legislative
No abstract provided.
Property; Tenants' Access To Community Antenna Television, University Of The Pacific, Mcgeorge School Of Law
Property; Tenants' Access To Community Antenna Television, University Of The Pacific, Mcgeorge School Of Law
Pacific Law Journal Review of Selected Nevada Legislative
No abstract provided.
Transportation And Motor Vehicles; Driving While Under The Influence-Testing, University Of The Pacific, Mcgeorge School Of Law
Transportation And Motor Vehicles; Driving While Under The Influence-Testing, University Of The Pacific, Mcgeorge School Of Law
Pacific Law Journal Review of Selected Nevada Legislative
No abstract provided.
A Multidisciplinary Analysis Of The Imposition Of Countervailing Duties On Canadian Groundfish Imports, Richard A. Pearson
A Multidisciplinary Analysis Of The Imposition Of Countervailing Duties On Canadian Groundfish Imports, Richard A. Pearson
Marine Affairs Theses and Major Papers
This thesis provides a multidisciplinary analysis of the circumstances which surrounded the successful imposition of a countervailing duty on whole Canadian groundfish, and indicates what implications this action may have for the future. First, it will situate the countervailing duty investigation in terms of its relationship with U.S. statutes, and also with the Nation's international obligations. Then, the impact of the duty is examined to see how it might affect a potential free trade agreement with Canada. Similarly, the thesis projects what effect the duty will have in establishing a precedent, and assesses the likelihood of imposing similar duties on …
Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George
Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George
West Virginia Law Review
No abstract provided.
Round Two: Illinois' Second Generation Takeover Legislation, 36 Depaul L. Rev. 361 (1987), Diane S. Kaplan
Round Two: Illinois' Second Generation Takeover Legislation, 36 Depaul L. Rev. 361 (1987), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine
Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine
Reviews
For almost a quarter century following the great tide of New Deal social legislation, the federal government largely refrained from further efforts at direct regulation of the workplace. But certain intractable problems, like job safety, pension fund abuses, and race and sex discrimination in employment, kindled interest in additional federal controls. The result was a second wave of federal laws governing the employer-employee relationship - Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act (OSHA) of 1970, and the Employee Retirement Income Security Act (ERISA) of 1974. Only the boldest scholars would attempt to …
The Illinois Legislature's Attempt To Resolve The Insurance Crisis: Too Much Tort Reform And Too Little Insurance Regulation, 21 J. Marshall L. Rev. 159 (1987), Francis J. Bongiovanni
The Illinois Legislature's Attempt To Resolve The Insurance Crisis: Too Much Tort Reform And Too Little Insurance Regulation, 21 J. Marshall L. Rev. 159 (1987), Francis J. Bongiovanni
UIC Law Review
No abstract provided.
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
University of Richmond Law Review
In enacting the Freedom of Information Act (FOIA) in 1966, Congress provided for broad disclosure of agency records. Although nine specific exemptions were included in the statute, they did not adequately address the Central Intelligence Agency's concern for security. Under the original FOIA, the CIA was required to search and assemble information which would otherwise remain compartmented, even though it was often clear that most or all of the information would fall within a statutory exception. The Central Intelligence Agency Information Act addresses many of the concerns of the CIA, as well as those held by public interest groups who …
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
University of Richmond Law Review
Virginia's recently enacted antitakeover statute, the "Affiliated Transactions" provision of the Virginia Stock Corporation Act, raises serious constitutional and economic questions. Although the form of the statute appears to regulate the internal affairs of Virginia corporations, the substance and practical impact of the statute render it violative of both the commerce and supremacy clauses. Constitutional analysis of state antitakeover legislation necessitates consideration of the economic desirability of an unrestricted market for corporate control. The United States Supreme Court's most recent statement on the subject, in CTS Corp. v. Dynamics Corp. of America, decided on April 21, 1987, reflects a noteworthy …
The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams
The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams
Faculty Publications
Section 12 of the Securities Act of 1933 creates two private rights of action, each providing in relevant part that ‘ a ny person who offers or sells a security . . . shall be liable to the person purchasing such security from him . . ..’ Because suit may be maintained only by the person who purchases the security from defendant, an offeror may incur section 12 liability only if the offeror also ‘sells' the security to the plaintiff. Section 12(1) imposes liability on any seller whose offer or sale violates the Act's registration or prospectus requirements found in …
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Michigan Journal of International Law
This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Michigan Journal of International Law
This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Michigan Journal of International Law
Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Michigan Journal of International Law
This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.
Amending The Foreign Sovereign Immunities Act Of 1976 To Better Accommodate Non-Market Economies, J. Thomas Cristy
Amending The Foreign Sovereign Immunities Act Of 1976 To Better Accommodate Non-Market Economies, J. Thomas Cristy
Michigan Journal of International Law
The purpose of this Note is to demonstrate the need for an amendment to the 1976 Act, in addition to those presently under consideration, which recognizes the political and economic realities of the modem world. The following discussion focuses on the FSIA and its inability to accommodate the ideology of non-market economies in making immunity determinations. After examining the FSIA and the development of foreign sovereign immunity in general, the discussion turns to an analysis of the differences between capitalist, or free market societies, and socialist/communist, or non-market systems. Sections IV and V analyze two areas where the failure of …
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Indiana Law Journal
No abstract provided.
Statutory And Non-Statutory Responses To The Director And Officer Liability Crisis, Sara R. Slaughter
Statutory And Non-Statutory Responses To The Director And Officer Liability Crisis, Sara R. Slaughter
Indiana Law Journal
No abstract provided.
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
Michigan Journal of International Law
This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.
Antitakeover Legislation: Not Necessary, Not Wise, Jeffrey A. Johnson
Antitakeover Legislation: Not Necessary, Not Wise, Jeffrey A. Johnson
Cleveland State Law Review
This Note will consider the merits of antitakeover legislation with special emphasis on legislative proposals which, like second generation state takeover statutes, would subject tender offers to the approval of shareholders. But discussion and analysis are also applicable to federal proposals which seek to restrict takeovers through regulatory restrictions rather than a shareholder vote, as well as to second generation state takeover statutes. The view taken herein is that all antitakeover legislation, whether at the federal or state level, is neither necessary nor wise. In part II, this Note will examine the proposed antitakeover legislation which prescribes procedures for shareholder …
Collapsible Corporations Under The Tax Reform Act Of 1986, Boris I. Bittker
Collapsible Corporations Under The Tax Reform Act Of 1986, Boris I. Bittker
Cleveland State Law Review
This article discusses collapsible corporations under §341, and explains how it was originally intended to be a narrowly applied, temporary tool for tax avoidance, but thanks to a broad statute may now be used in many other circumstances. Section I gives a brief overview of the historical applications of the collapsible corporation. Section II explains when §341 applies and parses the statute language. Section III establishes the overall framework for a collapsible corporation, starting with a definition for “collapsible corporation” comprised of three elements. Section IV discusses the rebuttable presumption of collapsibility established by §341(c). Section V then lays out …
Copyright, Compromise And Legislative History, Jessica D. Litman
Copyright, Compromise And Legislative History, Jessica D. Litman
Articles
Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Fordham Urban Law Journal
This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson
Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson
Publications
No abstract provided.
Session Law 87-329, Florida Senate & House Of Representatives
Session Law 87-329, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 87-284, Florida Senate & House Of Representatives
Session Law 87-284, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 87-266, Florida Senate & House Of Representatives
Session Law 87-266, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 87-287, Florida Senate & House Of Representatives
Session Law 87-287, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 87-118, Florida Senate & House Of Representatives
Session Law 87-118, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.