08/20/08

36 (No. 1) CAPITAL UNIVERSITY LAW REVIEW, FALL 2007

• Schultz, David, The Party’s Over: Partisan Gerrymandering and the First Amendment.

• Ingram, John Dwight, Eminent Domain after Kelo.

• Goldman, David S., Legal Construct Validation: Expanding Empirical Legal Scholarship to Unobservable Concepts.

• Markey, Justin P., Enough Tinkering with Students’ Rights: The Need for an Enhanced First Amendment Standard to Protect Off-Campus Student Internet Speech.

• Note:
  • Munur, Mehemet, The Future of Judicial Review for the Detainees of the War on Terrorism after Hamdan v, Rumsfeld.

    
    

• Feriancek, Jean, What Did You Agree to in Your Letter of Intent?

• Ryan, Mark A., Clean Water Developments 2007-2008.

• Barkett, John M., Orphan Shares.

• Sinnott, Jeanne & Huynh, Hong, Recent FOIA Amendments Bring Relief to Superfund PRPs.

• Kirkpatrick, Bvyron W., Presidential Prerogative under the Endangered Species Act.

  
  

• Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act
  • Atwood, Barbara Ann, The Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act: Bridging the Divide between Pragmatism and Idealism.

  • Federle, Katherine Hunt, Righting Wrongs: A Reply to the Uniform Commission’s Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act.

  • Henaghan, Mark, What Does a Child’s Right to Be Heard in Legal Proceedings Really Mean? ABA Custody Standards Do Not Go Far Enough.

  • Huntington, Clare, Missing Parents.

  • Report and Working Draft of a Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceedings.

    
    

• Grassi, Sebastian, Jr., Summary of Marital Deduction Funding Formulas and Methods (With Checklist and Chart).

• Sheppard, Hale E., It’s in the Mail, Right? Recent Decision Emphasizes Limitations on the Mailbox Rule.

• August, Jerald David & August, Jordan David, Understanding FIN 48, Accounting for Uncertainty in Income Taxes, and Resulting Implications under Sarbanes-Oxley.

• Van Bogaert, Cynthia A., What You Should Know About the Controlled Group, Affiliated Service Group, and Leased Employee Rules.

• David, Katherine E., Sales of Personal Goodwill.

  
  

• Foster, Andrew H., The Mortgage Crisis and Its Impact on Communities and Affordable Housing.

• Milder, Forrest David, A Brief Introduction to Like-Kind Exchanges of Real Estate under §1031.

• Novogradac, Michael J., Tax-Free Exchange Rules Increase the Availability of Affordable Housing.

• Ding, Lei, et al., Neighborhood Patterns of High-Cost Lending: The Case of Atlanta.

• Whalen, R. Christopher, The Subprime Crisis-Cause, Effect and Consequences.

• Lind, Kermit J., The Perfect Storm: An Eyewitness Report from Ground Zero in Cleveland’s Neighborhoods.

• Krimminger, Michael, “It’s Alive!”-Mortgage Risk Reborn: Issues and Possible Solutions.

• Ernst, Keith S. & Goldstein, Deborah N., The Foreclosure Crisis and Its Challenge to Community Economic Development Practitioners.

• Carr, James H. & Davidoff, Kate, Legislative and Regulatory Responses to the Foreclosure Crisis.

• Novogradac, Michael J. & Pinoli, Nicolo R., Proposed Regulation Sheds Additional Light on Operation of § 42 Qualified Contract Process.

  
  

• Harris, Jay Barry & LaRocco, Jason T., Collapse Coverage: The Conundrum Continues.

• Wolsing, Jennifer, The Vioxx Litigation: Disincentivizing Patient Safety through Misdirected Tort Rules.

• Mkinney, Stephen F. & Black, Elizabeth H., The Unsignaled Intersection at 26 & 45: How to Safely Guide Third Parties across the E-Discovery Superhighway.

• Fujimoto, Michelle, et al., Importing Products: Legal Risks and Defense Strategies.

• Clark, S. Stuart, et al., Enforcing U.S. and Other Foreign Judgments in Australia-What Are the Rules?

• Gerber, Daniel W. & O’Neal, Nikia A., Mortgagee Clause Claims in the Subprime Fallout.

  
  

• Johnson, Dixie L., Fifty Ways to Minimize Errors in Document Productions for Government Investigations.

• Chien-Hale, Elizabeth, Intellectual Property Aspects of Doing Business in China.

• Durant, Sandra B., The Application of America Anti-Discrimination Laws in a Global Work Environment.

• Martin, James W., Ten Tips for Handling Complex Probate (With Forms).

• Randell, Linda L., Notes from a New General Counsel on the Relationship with Outside Counsel.

• Petravick, Gail P. & Petravick, Simon, Identity Theft: Analyzing Current Trends in Litigation and Risk Management.

  
  

• King, Andrew, HIPAA & Its Impact on Defendant’s Ex Parte Interviews with Plaintiff’s Treating Physician.

• Forchione, Francis G., The Five Biggest Mistakes Trial Lawyers Are Making.

• Oldfield, Charles, Parent-Child Loss of Consortium Claims: It’s Time to Bury an Antiquated Analogy.

• Wells, Amy L., The Price of Identity Theft for Ohio Consumers.

• Miller, Michael S., Post-Arbino Applications of S.B. 80 Caps on Noneconomic Punitive Damages.

08/11/08

26 (NO. 1) ENTERTAINMENT AND SPORTS LAWYER, SPRING 2008

• A Word From Michael Reinert on the Changing Face of the Record Industry.

• Hanna, Joseph M., The NFL v. Cable Television: Which Heavyweight Will Be Left Standing?

• Yakovee, Vered N., Profile: James L. Perzik, Lakers Lawyer and Trojan Extraordinaire.

• Tracy, Jeffrey B., Can I Play? Risk Management One Amateur Athlete at a Time.

• Jacobson, Erin M., Podcasting 201: Copyright Infringement Issues When Using Third-Party Material in Podcasts.

• Hettrick, Clyde M., How an Insured Can Block a Carrier’s Coverage Litigation Blitz.

• Tucker, Navdeep Kaur, Musical Copyright Infringement in Bollywood Music.

• Mark, Daniel H., Marketing Confusion: The Los Angeles Angels of Anaheim and the Lanham Act.

  
  

• Peters, Scott H. & Walton, R. Brent, Pursuing an FLSA claim.

• Goldenberg, Robyn, The products liability option.

• Reis, Laura Cunard, Undiagnosed injuries in the work place.

• Amlong, William R. & Amlong, Karen Coleman, Representing the age discrimination plaintiff.

• Domer, Thomas M., Ethics in the workers’ comp world.

• O’Brien, Chris, Connecting with prospective jurors.

  
  

• Liemberg, Stephan R., et al., Life Settlements: How to Know When to Hold and When to Fold.

• Lunn, Gerald E., Jr., Promoting a Favorable Outcome for Children with Large Inheritances.

• Starkey, Marti, et al., Striking a Balance under the New Uniform Power of Attorney Act.

• Robinson, James R., U.S. Trusts with Foreign Beneficiaries: Issues and Observations.

• Pollard, William B., When is the Better Time to Start Receiving Social Security Benefits?

• Schlesinger, Sanford J. & Goodman, Martin R., Charitable Giving: Estate Tax Apportionment: Part 3.

  
  

• Busharis, Barbara, Editorial: When Advocacy Crosses the Line.

• Masterson, Stephen M., “Without Meat, Drink, Fire or Candle”: What Are The Limits on Voir Dire and Jury Deliberations?

• Brooks, Joseph, Myths and Realities of Jury Selection: Some Practical Considerations.

• Brooks, Joseph, Voir Dire Essentials - 2008.

• Galicia, Esther E., Recent Legal Developments.

• Wall, Dennis J., Policyholders’ Reimbursement of Their Liability Insurance Company’s Defense Expenses or Indemnity Payments: As Florida Goes, So Goes The Nation (Except Texas, For One).

• Hopkins, Christopher B., Building A Better Proposal For Settlement.

• A Trip to the Capitol: Tallahassee Regional Seminar.

  
  

• Ciszczon, Brian, & Maddrey, Jeff, All About the Allocation and Amortization of Debt Issuance Costs.

• Schnee, Edward J. & Seago, W. Eugene, Limiting Section 1341: Appearance, Subsequent Events, and Restoration.

• Rizzi, Robert A., Corporate Organizations & Reorganizations.

• Bailine, Richard W., Private Letter Rulings.

• McOmber, James, & Smiley, Stafford, International Developments.

• Kodesch, Eric, Recent Developments.

  
  

• Dance, E. Leigh, Growing Successful International Offices: 10 key Steps For Law Firms.

• Moore, Janet H., Global Rainmaking Tips.

• Kennedy, Dennis, & Mighell, Tom, Collaborative Technologies: Working with Others around the Corner or Around the World.

• Pursuing International Business.

• Brake, Giles, Choosing an International Network: What to Know Before You Join.

• Gibson, K. William K., Outsourcing Legal Services Abroad.

• Taylor, Steven T., Battling the Big Boys.

• Five Minutes with ... Walt Karnstein.

• Allen, Stephanie West, Inspirations for New Lawyers.

• McKenna, Patrick J., Submissive Beggar or Objective Expert? Determining Real Needs.

• Fishman, Ross, Sticking it to a Multinational Membership.

• Living the Life in Santa Fe.

• Smith, Larry, News from the Law Practice Management Section.

• Petro, Nerino J., Jr., Product Watch [speed-reading products].

• Nelson, Sharon & Simek, John, Divided by a Common Language (Again): U.K.

• Perspectives on E-discovery.

• Pinnington, Dan, Why (and How ) to Buy a Tablet PC.

• Shannon, Marcia Pennington, Multiple Offices, One Firm: Tips for Staying in Unison.

• Bilinsky, David & Calloway, Laura, How Not to Get Stung by Promises of Easy Offshore Work.

• Duncan, Susan Saltonstall, Building Your Reputation, Part 2: Blogs and the Media.

• Webb, Michael, Dr. Strangelaw, or: How I Learned to Stop Worrying and Love the Best-of Lists.

  
  

• Heintz, Francesca, Riding the Bull Market: Six firms stampede to the top in Calgary.

• The Great Sell-Off: Foreign investors chip away at Canada, Inc.

• Triedman, Julie, Canadian Peacekeeper: How Toronto’s Mr. Fix-It tried to rescue a $34 billion securities market.

• Combs, Drew, The Revolutionaries: Howrey reenvisions associate promotions and pay. Will other firms adopt the cause?

• DiPietro, Dan, Leaving Lockstep Behind: Merit pay is fair and efficient-especially in tough times.

• Paycheck Report: What midlevels make in key U.S. markets.

• The Midlevel World: A by-the-numbers look at associate life.

• Todd, Ross, Eyeing the Door: Firms scramble to find new reasons for associates to stick around.

• The Lawyers Life: Time Off, Motion, Case Of the month.

• Big Deals.

• Big Suits.

• Cohen, Allen, Am Law Tech: Findings from the Law Librarian Survey.

• Lloyd, Richard, Letter From London: A U.K. posting won’t torpedo an associate’s chance of making partner.

• Beck, Susan, Footnotes: The CSX case raises a host of issues about derivatives in the M&A World.

• Bowman, Frank O., III, Dicta: Federal Prosecutors fill a power vacuum. Should they?

  
  

• Kureishi, Wataru & Wakabayashi, Midori, Taxing the Stork.

• Hotz, V. Joseph & Scholz, John Karl, Can Administrative Data on Child Support Be Used to Improve the EITC? Evidence from Wisconsin.

• Hsu, Li-Chen, Experimental Evidence on Tax Compliance and Voluntary Public Good Provision.

• Gurley-Calvez, Tami & Bruce, Donald, Do Tax Cuts Promote Entrepreneurial Longevity?

• Slemrod, Joel, Does it Matter Who Writes the Check to the Government? The Economics of Tax Remittance.

• Forum On Reflections By Recent Recipients Of The Holland Medal-Part Two.

• Bahl, Roy W. & Bird, Richard M., Tax Policy in Developing Countries: Looking Back- and Forward.

• Harberger, Arnold C., The Incidence of the Corporation Income Tax Revisited.

• Oates, Wallace E., On the Evolution of Fiscal Federalism: Theory and Institutions.

  
  

• Beckhan, Walter, et al., TIPS Leaders Roundtable: Reflections on the Section’s 75 Anniversary.

• Podwill, Loren, et al., When it Comes to Public Service and Pro Bono, TIPS Walks the Talk.

• Shub, Lisa Horvath, The Tips Leadership Academy: Inspiring Us to Pay It Forward.

• Crowley, Berry P., Challenges for the Woman Lawyer, Then and Now: Too Much Remains the Same.

• Harrington, James S., Lessons of the San Francisco Earthquake of 1906: Understanding Ensuing Loss In Property Insurance.

• Gallozzi, Marialuisa S. & Strosnider, Kimberly A., Post-9/11 Period of Restoration Cases and Issues.

• Lerner, Johnathan C., Additional Insurance Coverages: Funding Code Upgrades, Debris Removal, and Claims Preparation Expense.

• McMeekin, John C. II, & Pham, Thao T., The Age of E- Discovery: Practice Pointers for Preserving and Producing Electronic Documents.

• Harston, Bryan, Demonstrative Evidence and Courtroom Technology: “How Technical Should I Get and When?”

  
  

• Post, Robert C., Mr. Taft Becomes Chief Justice.

• Duru, N. Jeremi, Exploring Jethroe’s Injustice: The Impact of an Ex-Ballplayer’s Legal Quest for a Pension on the Movement for Restorative Racial Justice.

• Bellin, Jeffrey, Improving the Reliability of Criminal Trials through Legal Rules that Encourage Defendants to Testify.

• Rubinstein, Mitchell H., Parents as Quasi-Therapists under the Individuals with Disabilities Education Act.

• Thompson, Mikah K. Story, To Speak of Not to Speak? Navigating the Treacherous Waters of Parallel Investigations Following the Amendment of Federal Rule of Evidence 408.

• Notes & Comments:
  • Whose Opinion Really Matters? Admitting EEOC Reasonable Cause Determinations as Evidence of Discrimination.

  • To Disclose or Not to Disclose: Determining the Scope and Exercise of a Physician’s Duty to Warn Third Parties of Genetically Transmissible Conditions.

  • The Feres Doctrine, Negligent Prenatal Care, and Injuries to the Children of Pregnant Military Servicewomen: Brown v. United States.

  • ...And Procedure for All: Rehearings for “Dangerous” Offenders.

  • Waiver of the Attorney-Client Privilege and Work Product Protection from Thompson to McNulty: A Distinction without a Difference.

08/01/08

47 (No. 3) THE JUDGES’ JOURNAL, SUMMER 2008

• Wells, H. Thomas, Jr., Judge Promote the Bar’s Core Value of Access to Justice.

• Johnson, Justice Earl, Jr., “And Justice for All”: When Will the Pledge Be Fulfilled?

• Reynoso, Justice Cruz, The Reality of Poverty: Reflections on Access to Justice.

• Martin, Edwina F., Access to Justice in New York City.

• Beckerman, Ray, Large Recording Companies v. The Defenseless: Some Common Sense Solutions to the Challenges of the RIAA Litigations.

• Hough, Bonnie Rose & Zelon, Justice Laurie D., Self-Represented Litigants: Challenges and Opportunities for Access to Justice.

• Gray, Chief Justice Karla M. & Echols, Robert, Mobilizing Judges, Lawyers, and Communities: State Access to Justice Commissions.

• Nichol, Professor Gene R., The Charge of Equal Justice.

• Dixon, Judge Herbert B., Jr., Join the Green Movement.

• Greenstein, Marla N., Judges’ Responsibilities to Pro Se Litigants.

  
  

• The 25 Greatest Legal Movies: Tales of lawyers we’ve learned to love and loathe.

• “How I Learned to Litigate at the Movies”: Five lawyers share their silver screen secrets.

• U.S. Lawyers Go for the Gold: Morrison & Foerster leads a field of American attorneys working on this month’s Beijing Olympics.

• President’s Message: World Justice Project brings the rule of law to the fore as highest priority for all.

• Opening Statements: Colleges face lawsuits in the name of art, the flourishing field of disaster law–and more.

• The National Pulse: New challenges to sentencing enhancements loom. Also: Sovereign investment boom keeps lawyers busy with more complex compliance.

• Supreme Court Report: In the term’s biggest cases, justices offer lessons on English kings, courts.

• Litigation: What the jury thinks of your client will affect how it decides the case.

• Ethics: Representing judges raise unique ethics considerations for lawyers.

• Business of Law: Our primer helps explain the ins and outs of cellular-speak. Also: Introducing new software to your firm can be tricky business. Some lawyers find religion a righteous marketing tool. You may not flip for Adobe Acrobat 9. Delaware strives to be friendly to mobile lawyers.

• Obiter Dicta: Woman sues after skimpy undergarment offers up unintended eyeful. Patron pays for lap dance in more ways than one.

• Precedents: “Black Sox” are acquitted but still banned from baseball.

  
  

• Tiapula, Suzanna L. & Turkel, Allison, Identifying the Victims of Human trafficking.

• Long, Jennifer Gentile, Prosecuting Intimate Partner Sexual Assault.

• Wennar, Jeffrey T., Gang Prosecution: The Need for Qualifying Law Enforcement Officers as Expert Witnesses.

• Jackson, Alan, Prosecuting Gang Cases: What Local Prosecutors Need to Know.

  
  

• Ashcraft, Howard W., Building Information Modeling: A Framework for Collaboration.

• Gerhardt, Bruce R., The Context of the Evolution Tools of Design and Electronic Tools.

• O’Brien, Timothy M., Successfully Navigating Your Way through the Electronically Managed Project.

• Augustine, Mary Jane & Dunn, Christopher S., Consequences of Ownership or Licensing of the Project Drawings-If You Pay for It, Do You own It?

• Poulin, Douglas M., Abandoning the Construction Project.

• Darr, D. Joseph, Legislative Update.

• Czik, Jayne & Gillies, Matthew A., Hard Hat Case Notes.

  
  

• Wolven, Lauren J. & Bart, Susan T., Human Issues in Estate Planning for the Family Business Owner.

• Swirbalus, Mark E., The New Rubric of Risk: Unfair Trade Practices.

• Jansen, Donald O., Split Dollar Insurance and Premium Financing Planning (Part 2).

  
  

• Smith, Alan F. & Pandak, Sharon E, Scott v. Harris: Use of Force in Hot Pursuit.

• Adelson, Bruce L., Bailout from the Voting Rights Act: A Reward for Complying with Federal Law.

• Poje, Joshua, Sanctions Just a Click Away: Email’s Ethical Pitfalls.

• Kidd, Susan, Recruiting the Best Public Lawyers: Mastering the Fundamentals.

  
  

• Marriage: It’s a Headache: Companies try to reconcile their employee benefits policies with conflicting laws on same sex marriage.

• Profiting from Your Mistakes: Cybersqatters have figured out how to make money from Internet addresses that deliberately contain typos.

• The Fire This Time: Faced with a range of legal problems, Wachovia hires an experienced crisis manager as its new legal chief.

• Wheeling, Dealing and Suing: Novartis sets its sights on Nestle’s stake in Alcon’s eye care business; Mars put a bite on Wrigley; Takeda finds Millennium is good medicine; Adidas makes Payless pay up.

• Moves: Seeing the Opportunities: Dupoint looks to a proven problem solver; Sara Lee’s new GC finds the sweet spot; Pfizer can rest easy with an old friend as its new GC.

• Profile: heading Up the Farm Team: AGCO Corporation’s new GC has deep roots in Mother Earth.

• Peregrine, Michael, Legal Manager: Front and Center: Nine tips on enhancing the profile of the nonprofit general counsel.

• Cohen, Alan, In - House Tech: Welterweight Smack down: You can be too rich or too thin when it comes to laptop computers.

• Longstreth, Andrew, The Man Who May Be AG: Will Eric Holder become attorney general if Barack Obama becomes president?

• Lobby log: Who’s paying whom to say what?

• Intro: The 2008 GC compensation survey.
  • Miller, Amy, The Big Picture: Party Like It’s 2001: Chief legal officers did exceedingly well - even in the financial industry. But with the huge losses and the subprime mortgage writedowns will the good times last?

  • Mini Charts: Are You In The Right Business? A look a how industries compare.

  • Master Chart: What They Earn: Our compilation of the top earners among the Fortune 500.

  • Rothman, Jesse, Methodology: This Is How We Do It: The method behind the numbers.

  • Rosenbloom, Joseph, The Reexamination Game: The decision to ask for a stay can make all the difference in patent litigation.

  • Duffett, Claire, Dream Jobs: Daughter of the Revolution: Colonial Williamsburg GC skips the powered wig, but loves the gig.

  • Jackson, Leigh, Somebody’s Going to Have to Pay: In-House lawyers warn of ripple effects from private practice pay hikes.

  • Duffett, Claire, Summer Time Quiz: How closely do you read this magazine? Take this quiz to find out.

    
    

• Sturgul, Paul A., The Rise of the Elderly.

• Coffey, Gene & McIntyre, Gerald, Medicare, Medicaid, and SSI.

• Dubois, Matthew R., Growing Old with a Lesbian or Gay Partner.

• Bruce, Benjamin, Scams That Target the Elderly.

• Garvin, Lisa Montoni, Guardianship and Caregiver Liability.

• Robinson, Holly, Admissions Contracts for Senior Housing Facilities.

• Levin, Steven M. & Rushing, John M., Litigating Nursing Home Malpractice.

• McCaffrey, Brian, Age Discrimination.

• Ostertag, Robert L., Growing Old in Your Practice.

• Kolczun, Lee S., Eight Ways to Keep Your Practice Toned.

• Burda, Joan M., From the Editor: What’s Next.

• McLennan, Keith B. & Zupkus, Robert A., The Chairs’ Corner: It’s Eleven O’clock, Do You Know Where Your Division Is?; It Gets Better with Age.

• Anderson, Kimberly, General Practice, Solo and Small Firm Division News: Stay Spry with CLE.

• Ready Resources in Aging.

• Carroll, W. Donald, Jr., In the Solution: Coaching for the Elderly Lawyer.

• Leffer, David, Being Solo: Is Your Practice Getting Old?

• Beam, Stephen D., GP Mentor: Practicing Law in a Small Town.

  
  

• Milhizer, Eugene, The Exclusionary Rule Lottery.

• Johnson, Irene D., Tortious Interference with Expectancy of Inheritance or Gift- Suggestions for Resort to the Tort.

• Colunga, Isaac, An Alternate Look at the Takings Clause and Inmate Trust Accounts.

• Dunne, Brian J., Compatibility Requirements, Systems Competition, and Copyright.

• Garman, John J., The European Union Combats Racism and Xenophobia by Forbidding Expression: An Analysis of the Framework Decision.

• Notes & Comments:
  • Cohen, Jacob, Animal, Vegetable, or Mineral?: In re Commercial Money Center and the Classification of Payment Streams: “Stripped “ from Chattel Paper.

  • Kestian, Matthew R., Civilian Contractors: Forgotten Veterans of the War on Terror.

  • Lipski, Serena, Excessive Pricing and Pharmaceuticals: Why the Federal Patent Act Does Not Preempt State Regulation of Pharmaceutical Prices.

    
    

• Symposium on Agency
  • Miller, Christian B., Introduction.

  • Setiya, Kieran, Practical Knowledge.

  • Velleman, J. David, A Theory of Value.

  • Kolodny, Niko, Why Be Disposed to Be Coherent?

  • Benbaji, Yitzhak, A Defense of the Traditional War Convention.

  • Rubin, Michael, Is Goodness a Homeostatic Property Cluster?

  • Wasserman, David, Hare on De Dicto Betterness and Prospective Parents.

    
    

• Ventry, Dennis J., Jr., Whistleblowers and Qui Tam for Tax.

• Infanti, Anthony C., Deconstructing the Duty to the Tax System: Unfettering Zealous Advocacy on Behalf of Lesbian and Gay Taxpayers.

• Bamberg, James, A Different Point of Venue: The Plainer Meaning of Section 7482(b)(1).

• Berg, Mark E., Judicial Deference to Tax Regulations: A Reconsideration in Light of National Cable, Swallows Holding, and Other Developments.

• Jenn, Brian H., The Case for Tax Credits.

• Notes:
  • Burke, Jonathan M., A Critical Analysis of Glass v. Commissioner: Why Size Should Matter for Conservation Easements.

  • Golodny, Andrew, Lawyers Versus Auditors: Disclosure to Auditors and Potential Waiver of Work -Product Privilege in United States v. Textron.

  • Kogut, Mary, Can a Government Subsidize Itself? The Erosion of a Bright-Line Rule: PNC Financial Services Group v. Commissioner.

  • Murphy, Sean, MacMurray v. Commissioner: Distinguishing Between the Reasonable Cause and Good Faith Requirements of the Section 6664 Exception to Accuracy - Related Penalties.

07/29/08

48 (NO. 2) JURIMETRICS, WINTER 2008

• A Tribute to Dan Strouse.

• Symposium: Law and the New Era of Personalized Medicine
  • Marchant, Gary E., A Foreword.

  • Milligan, Robert J., Coverage and Reimbursement for Pharmacogenomic Testing.

  • Gibson, Scott F., The Washington University v. Catalona: Determining Ownership of Genetic Samples.

  • Lewis, Sharon, The Tissue Issue: A Wicked Problem.

  • Garcia, Gregorio M., The FDA and Regulation of Genetic Tests: Building Confidence and Promoting Safety.

    
    

• Ezell, Kenneth P., Jr., et al., The Remedies Opinion An Customary Diligence-The Real Estate Secured Transaction Approach: Is It Consistent With Customary Non-Real Estate Legal Opinion Practice?

• Clowney, Stephen, In Their Own Hand: An Analysis of Holographic Wills and Homemade Willmaking.

• Orth, John V., Wills Act Formalities: How Much Compliance Is Enough?

• Murray, John C. & Scott, Randall L., Title and UCC Insurance for Mezzanine-Financing Transactions.

• Simmons, Brandon, Kelo’s Planning Mandate: Replacing Clarity With Complication.

• Vitollo, Timothy J., Uniform Trust Code Section 503: Applying Hamilton Orders To Spendthrift Interests.

  
  

• Deal, William E., Reflections In Honor of Bob Lawry.

• Durchslag, Melvyn R., Robert P. Lawry: Intellectual, Raconteur, Gentleman, and True Friend.

• Entin, Jonathan L., Robert P. Lawry: Colleague And Friend.

• McMunigal, Kevin, Tribute To Professor Robert Lawry.

• Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System
  • Katz, Lewis R., Introduction.

  • Gershman, Bennett, L., Litigating Brady v. Maryland: Games Prosecutors Play.

  • Benza, Michael J., Commentary: Brady, Brady, Wherefore Art Thou Brady?

  • Burke, Alafair, Commentary: Brady’s Brainteaser: The Accidental Prosecutor and Cognitive Bias.

  • Douglass, John G., Can Prosecutors Bluff? Brady v. Maryland and Plea Bargaining.

  • Gianelli, Paul C., Brady and Jailhouse Snitches.

  • Dettelbach, Steven M., Commentary: Brady From The Prosecutor’s Perspective.

  • Joy, Peter A., Brady And Jailhouse Informants: Responding To Injustice.

  • McMunigal, Kevin C., Guilty Pleas, Brady Disclosure, and Wrongful Convictions

• Notes & Comments:
  • Yazback, Shadya, School, Financing in Ohio Yesterday, Today and Tomorrow: Searching For A Thorough and Efficient” System of Public Schools.

  • Spencer, George Edward, Interpreting The New Rule 609(A)(2).

    
    

• Witt, Amanda M.& Neiditz, Jon A., Protecting Children: Texas Is First State To Enforce COPPA.

• Navetta, David, The Legal Implications, Risks, and Problems of the PCI Data Security Standard.

• Noor, Arshad, Data Protection For Companies.

• Swanson, Dan, Auditing Information Security: Are You Protected?

• Rodrigues, Ruben, You’ve Been Poked: Privacy in the Era of Facebook.

• Waterman, K. Krasnow & Henshon, Matthew T., What’s Next For Artificial Intelligence And Robotics.

• Wilson, Ben, Information Security Committee: The Latest.

• Thomas, Calhoun, III, B-tech [coverage of hybrid embryos, RNAi, nanoworms, and gene therapy].

• Bauer, Robert, E-Tech Update [coverage of Internet sales taxes, DRAM technology patents, and file sharing].

• Naimpally, Shiv, SciTech Profile: Q&A With William Sam Byasse.

  
  

• Eschleman, Lisa L., Saving the dream of Ohio homeowners.

• Oliver, Douglas, Quality fade and Ohio’s product liability law.

• Interview with OSBA President Gary J. Leppla.

• Drake, Bo, Practice Tips: Disability insurance: What you need to know.

• Weisenberg, William K., Statehouse Connection: General Assembly recesses until lame duck session.

  
  

• Purdue, Pamela D., Terminating the Single-Employer Plan-Procedures and Issues.

• Fischer, L. Richard, Privacy, Data Security, and Identity Theft Protection.

• Prohaska, Jane, An Overview of Conservation Easements.

  
  

• Cohan, Jessica A. & Forsberg, William S., The IRS’s Section 6166 Security Dance: IRS Notice 2007-90 and Security for Deferred Payment of Estate Taxes under Code § 6166.

• Shroder, Mark, The Value of Sunshine: The Efficacy of the Real Estate Settlement Procedures Act Disclosure Strategy.

• Foster, Lynn, Fifty-one Flowers: Current Perpetuities Law in the States.

• Levey, Jack S., Why Is This Tenant Different from Other Tenants? Representing a Tenant with a Kosher Business.

• Blattmachr, Jonathan G. & Graham, Michael L., Extra Crummey Trust: Maybe the Best Annual Exclusion Vehicle Around.

• Anand, Jasleen K., Supportive Housing as a Solution to Homelessness.

• Morrow, Edwin P., III, Trusteed IRAs as an Estate Planning Option for Retirement Plans.

• Glober, Gary, How to Effectively and Efficiently Interact with Grieving Clients.

  
  

• Gottlieb, Richard E. & McGuinness, Andrew J., When bad things happen to good cities: Are lenders to blame?

• Tomkies, Michael C., Regulating the subprime market: Finding the right balance.

• Nelson, Travis P., Trends in subprime lending: Legislation, litigation, and enforcement on the rise.

• Gattuso, Dominick T., Series LLCs: Let’s give the frog a little love.

• Rogers, C. Gregory, Environmentally insolvent: Fair value measurement of environmental liabilities poses solvency risk.

• Godfrey, Cullen M., In re Walt Disney Company Derivative Litigation: A new standard for corporate minutes.

• Groshong, Geoffrey & Pak, Samantha, Patent portfolios in bankruptcy cases: Protecting and maximizing their value.

• Qadri, Shahzad Q., Islamic banking: An introduction.

  
  

• Weller, Louis S., et al., IRS issues safe harbor for exchanges of vacation homes.

• Lipton, Richard M. & Golub, Todd D., Hubert Enterprises part II: We can “guarantee” a better result.

• Blattmachr, Jonathan G., et al., How low can you go? Some consequences of substituting a lower AFR note for a higher AFR note.

• Mulligan, Michael D., Power to substitute in grantor does not cause inclusion, with a significant caveat.

• Cook, Michael L., Home sweet home: Protecting the interest of the non-liable spouse from IRS seizure and sale.

• Kwon, Benedict, Exempt entity investments in private equity funds: Blockers vs. U.S. partnerships.

• Sub’s deemed liquidation did not qualify as a Section 332(a) liquidation.

• Licensing of research results treated as qualified research expenses.

• Property exchange by related LLCs qualified under like-kind rules.

• Treatment of foreign currency hedging transactions related to master procurement contracts.

• Establishing reasonable cause: Court wouldn’t let tax experts testify.

• Preambles to regulations: Do they count?

  
  

• Hricik, David & Scott, Chase Edward, Metadata: The Ghosts Haunting e-Documents.

07/23/08

81 (No. 1) PRACTICAL TAX STRATEGIES, JULY 2008

• Kelley, Claudia L. & Kowalczyk, Tamara K., Uncover Deductions When Giving Services To Charitable Causes.

• Blankenship, Vorris J., Retirement Planning For Unfunded Deferred Pay Under Section 409A.

• Blum, Lisa M. & Coppage, Richard E., Location Of Tax Home Determines Travel Expense Deductibility.

• Langstraat, Craig J., et al., Built-In Gains Justify Discount In Valuing Closely Held Corporation.

• Mailbox rule not preempted by Section 7502.

• Release of deficit restoration obligation is partnership item.

• No deduction for estimate of returned used parts.

• IRS explains how meal deduction limit applies to leased employees.

• Stock transfer to family partnership was not a gift.

• Innocent spouse relief denial was abuse of discretion.

• Final regs. Amend post-reorganization transfer rules.

• Engineering firm is PSC despite unlicensed shareholder.

  
  

• Slusky, Jerry M., Mediating The Commercial Lease Dispute (With Form).

• Salkin, Patricia E. & Lavine, Amy, Understanding Community Benefits Agreements.

• Freedman, Robert S., A Form Condominium Development Checklist.

• Bray, Amy, How to Create a Green Community.

• Stein, Joshua, Why, When, And How To Create And Use Model Documents.

  
  

• Weston, Michael J., DRI Annual Meeting: Build Your Career.

• Christie, J.S. Jr., Adjust Your Skills: Seven Steps To Defend an Arbitration.

• Johnson, Christopher E. Jr., et al., Women-and Minority-Owned Law Firms: Diversity From The Top Down.

• Davis, Michael W., From the Chair: A Proud and Driven Committee.

• Quinn, Vivian M. & Ehlers, Tracey B., Medical Monitoring Claims: Intrusion Into FDA’s Regulatory Mandate?

• Baker, Kimberly D. & Borde, Manish, Open Season on Parallel Litigation: Precluding Disclosure Under FOIA Requests.

• Comer, Brian A., Not So Straightforward? Punitive Damages under “Safe Harbor” Statutes.

• Currey, Brian S. & Klemic, Patricia A., The Food and Drug Administration Amendments Act: A New Phase of Pharmaceutical Regulation.

• Fasi, Joseph M. II , Take It Back, or We’ll See You in Court: Avoiding Potential or Ordered Recalls.

• Holmes, Janice, Pre-market Approval: Medical Device Preemption and the ABCs of PMAs.

• Maidment, Scott, & Lorimer, Lindsay, How Can We Turn the Tide? Generic Causation in Canadian Class Actions.

• Strongman, Jon A., After Karl: Litigating the Learned Intermediary Doctrine.

• Ward, Raymond P., Writers’ Corner: Beyond Technical Training: More Effective E-Mail.

• Logue, Katherine, Women in the Law: Women on the Move: Job Hunting for Laterals.

  
  

• Ricardo, Ed, A Divorce Detour on Your Road to Retirement.

• Mazzorana, Ivan, Do We Understand Each Other? When age-related issues get in the way.

• Soto, Marcia, A House Divided.

• Warner, Jan L. & Steinmetz, Matthew E., Will Divorce Be Kind to Your Health-Care Coverage?

• Morgan, Laura W., Promises to Keep: Support obligations after age 50.

• Douglas, James Wilson, The Grandkids & Your Rights: Understanding your role in custody and visitation.

• Hilowitz, Lynne S., What Will Be-Now & Forever: Divorce means a new lease on life and a fresh look at your estate plan.

• Shibicky, Alex, Life Insurance as Leverage: Using coverage to balance your postdivorce commitments with long-term financial security.

• Douglas, James Wilson, All Right, I’m Divorced, Now What?

• Herman, Gregg, Chair’s Column: Building Bridges.

• Rosen, Lee S., Tools of the Trade: Lighten Up.

• DaSilva, Willard H., From the Editor: Single Again-Older, but Wiser.

• Hofstein, David N., Fast Forward: A Working Group Makes Sharing Ideas Easy.

  
  

• Lewis, Anthony, Introduction to Freedom for the Thought That We Hate: A Biography of the First Amendment.

• Williams, Frank J., Abraham Lincoln: Commander in Chief or “Attorney in Chief”.

• Larkin, Francis J., District of Columbia v. Heller: Anatomy of a Supreme Court Oral Argument.

• Frolik, Lawrence A., From Chapter 1 of Residence Options for Older and Disabled Clients: “Housing Needs of Older and Disabled Clients”.

• Burke, Walter T., If We Reap What We Sow, Are We in Trouble?

• Soled, Jay A. & Zuckerman, Herbert L., Bundling Life Insurance with Long-Term Care Insurance.

• Colombik, Richard M., The Savvy Investor: States Taking a Bite Out of Your Income.

• Allen, Jeffrey, Making Technology Work for You: Music: The Staff of Life.

• Spahn, Thomas, Which State’s Ethics Rules Apply to Lawyers’ Conduct Outside Their Home State?

  
  

• Kingma, Kenneth & Keimbergm Stephan R., Deterring STOLI: Two New Model Life Settlement Acts.

• Oshins, Richard A. & Matz, Kevin, Resolving the Mismatch of Estate Inclusion Value and Deduction Value.

• Meigs, John F. & Gager, Ryan R., Using a U.S. Qualified Personal Residence Trust in Cross-Border Planning.

• Bove, Alexander A., Jr. & Langa, Melissa, Handling the Risks of Foreign Bank Accounts and Avoiding the Penalties.

• Annuity Tables Mandate Value of Structured Settlement/ Bundled Fees and 2% Floor/ TC Upholds Taxpayer’s Use of Family LLC.

• Medicaid Eligibility/ Jurisdiction over Trustee under Long-Arm Statute/ Is Appreciation in Inherited Assets Marital Property?/ Valuation Issues in Elective Share Calculation/ Estate Tax Reimbursement from QTIP Trust.

• Retirement Plan Analyzer Evaluates Pension and Profit-Sharing Distribution Strategies.

  
  

• Rogers, Richard, et al., Miranda Rights...and Wrongs.

• Brickell, Wendy, Is It the CSI Effect or Do We Just Distrust Juries?

• Raeder, Myrna S., On Cross-Examination and Criminal Defense: An Interview with Terence MacCarthy.

• Giannelli, Paul C., Comparative Bullet Lead Analysis: An Update.

• Zagaris, Bruce, Gatekeepers Initiative: Lawyers and the Bar Ignore It At Their Peril.

• Chair’s Counsel: Where is Criminal Justice in This Presidential Year?

• Letter to the Editor: A View from the Forgotten Side.

• Cert Alert: Pending and Decided U.S. Supreme Court Criminal Cases.

• Federal Sentencing: Health Care in the Federal Prison System.

• Criminal Justice Matters: Ghostwriter: a New Legal Superhero?

• Ethics: Confidentiality and Wrongful Incarceration.

• Trial Tactics: Picking the Correct Argument.

  
  

• Kagehiro, Dorothy K., et al., Traditional versus Online Focus Group Research.

• Hodge, Samuel D., Jr. & Hauth, Robin, Understanding Complex Regional Pain Syndrome.

• Feng, Wendy L. & Painter, Geoffrey T., Cumis Privilege and the Risk of Waiver: A Policyholder’s Perspective.

• Bennett, Steven C., Records Management: The Next Frontier in E-discovery?

• Cleveland, William C. & Dawson, William T., III, Applying the Appropriate Discount Rate in Commercial Litigation.

• Martyn, Susan R. & Fox, Lawrence J., Screening? Consider the Clients.

• Berman, Kenneth R., The Litigation Quiz Show: Dealing with Dilemmas.