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Confidentiality provisions in settlement documents are one way that wrongdoers help to hide their conduct from further responsibility. But there are other problems with such confidentiality provisions that should also cause litigants to reject them. One such problem is that a confidentiality provision may give rise to negative tax consequences. In 2003 the U.S. Tax Court ruled that $80,000 of a $200,000 settlement for Eugene Amos was actually for confidentiality (rather than injuries) and was therefore taxable. Eugene Amos, Jr. v. Commissioner of Internal Revenue, U.S. Tax Court Docket No. 13391-01 (Dec 1, 2003). As a result of this decision, Mr. Amos was required to pay income taxes on $80,000 of the funds received from the wrongdoer (Dennis Rodman).
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INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
Preamble
Federal Constitution Adopted
Article I Bill of Rights
- Political power
- Rights of individuals
- Equality of rights
- Freedom of religion, speech, press, assembly and petition
- Due process and equal protection
- Right to privacy
- Searches, seizures and invasion of privacy
- Rights of citizens
- Enlistment; segregation
- Indictment; preliminary hearing, double jeopardy; self-incrimination
- Grand jury counsel
- Bail; excessive punishment
- Trial by jury, civil cases
- Rights of accused
- Habeas corpus and suspension of laws
- Supremacy of civil power
- Right to bear arms
- Quartering of soldiers
- Imprisonment for debt
- Eminent domain
- Limitations of special privileges
- Construction
-
Marriage
Article II Suffrage and Elections
- Qualifications
- Disqualification
- Residence
- Registration; voting
- Campaign fund, spending limit
- Campaign contributions limits
- Resignation from public office
- General, special and primary elections
- Presidential preference primary
Article III The Legislature
- Legislature power
- Composition of senate
- Composition of house of representatives
- Election of members; term
- Vacancies
- Qualifications of members
- Privileges of members
- Disqualifications of members
- Salary; allowances; commission on legislative salary
- Sessions
- Adjournment
- Organization; discipline; rules; procedure
- Quorum; compulsory attendance
- Bills; enactment
- Passage of bills
- Approval or veto
Reconsideration after adjournment
- Procedures upon veto
- Punishment of nonmembers
- Impeachment
Article IV Reapportionment
- Reapportionment years
- Reapportionment commission
- Chief election officer
- Apportionment among basic island units
- Minimum representation for basic island units
- Apportionment within basic island units
- Placement of holdover senators
- Retention of staggered terms for the senate
- Congressional redistricting for United States house of representatives
- Mandamus and judicial review
Article V The Executive
- Establishment of the executive
- Lieutenant governor
- Compensation: governor, lieutenant governor
- Succession to governorship; absence or disability of governor
- Executive powers
- Executive and administrative offices and department
Article VI The Judiciary
- Judicial power
- Supreme court; intermediate appellate court; circuit
courts
- Appointment of justices and judges
Qualifications for appointment
Tenure; compensation; retirement
- Judicial selection commission
- Retirement; removal; discipline
- Administration
- Rules
Article VII Taxation and Finance
- Taxing power inalienable
- Income taxation
- Tax review commission
- Appropriations for private purposes prohibited
- Expenditure controls
- Disposition of excess revenues
- Council on revenues
- The budget
- Legislative appropriations; procedures; expenditure ceiling
General fund expenditure ceiling
- Auditor
- Lapsing of appropriation
- Definitions; issuance of indebtedness
- Debt limit; exclusions
Article VIII Local Government
- Creation; powers of political subdivisions
- Local self-government; charter
- Taxation and finance
- Mandates; accrued claims
- Transfer of mandated programs
- Statewide laws
Article IX Public Health and Welfare
- Public health
- Care of handicapped persons
- Public assistance
- Economic security of the elderly
- Housing, slum clearance, development and rehabilitation
- Management of state population growth
- Public sightliness and good order
- Preservation of a healthful environment
- Cultural resources
- Public safety
Article X Education
- Public education
- Board of education
- Power of the board of education
- Hawaii education program
- University of Hawaii
- Board of regents; powers
Article XI Conservation, Control and Development of Resources
- Conservation and development of resources
- Management and disposition of natural resources
- Agricultural lands
- Public land banking
- General laws required; exceptions
- Marine resources
- Water resources
- Nuclear energy
- Environmental rights
- Farm and home ownership
Article XII Hawaiian Affairs
- Hawaiian Homes Commission Act
- Acceptance of compact
- Compact adoption; procedures after adoption
- Public trust
- Office of Hawaiian Affairs; establishment of board of trustees
- Powers of board of trustees
- Traditional and customary rights
Article XIII Organization; Collective Bargaining
- Private employees
- Public employees
Article XIV Code of Ethics
Article XV State Boundaries; Capital; Flag; Language and Motto
- Boundaries
- Capital
- State flag
- Official languages
- Motto
Article XVI General and Miscellaneous Provisions
- Civil service
- Employees' retirement system
- Disqualifications from public office or employment
- Oath of office
- Intergovernmental relations
- Federal lands
- Compliance with trust
- Administration of undisposed lands
- Tax exemption of federal property
- Hawaii national park
- Judicial rights
- Quieting title
- Plain language
- Titles, subtitles; construction
- General power
- Provisions are self-executing
Article XVII Revision and Amendment
- Methods of proposal
- Constitutional convention
Election of delegates
Meeting
Organization; procedure
Ratification; appropriations
- Amendments proposed by legislature
- Veto
- Conflicting revisions or amendments
Article XVIII Schedule
- Districting and apportionment
- 1978 Senatorial elections
- Salaries of legislators
- Effective date for term limitations for governor and lieutenant governor
- Judiciary: transition; effective date
- Effective date and application of real property tax transfer
- 1978 Board of education elections
- Effective date for Office of Hawaiian Affairs
- Continuity of laws
- Debts
- Residence, other qualifications
EFFECTIVE DATE
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Honolulu, HI 96813
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The Constitution Of The State Of Hawaii
Section Titles
Preamble
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Effective Date
Jones Act- maritime law and seaman cases
STATUTE'S LANGUAGE
CASE LAW
I. IN GENERAL
A. General Principles
B. Other Remedies
1. Traditional Maritime
Remedies
2. Federal Law Remedies
3 Remedies by State Law
C. Foreign Involvement
1. In General
2. Place of Injury
3. Flag or Ownership
of Vessel
a. In General
b. Foreign Ownership
c. Foreign Vessels
with American Interests
4. Nationality of Seaman
5. Other Factors
II. PERSONS ABLE
TO RECOVER
A. Seamen
1. General Principles
a. In General
b. Status as Seaman
2. "Vessel in Navigation"
a. In General
b. Status of Vessel
c. Particular Vessels
3. Particular Seamen
B. Representatives of
Seamen
III. EMPLOYMENT
A. In General
B. Particular Entities
as Employers
C. In Course of
Employment
IV. NEGLIGENCE
A. In General
B. Vicarious Liability
1. In General
2 Particular Acts of Crew
C. Circumstances of
Injury
1. Assault
a. In General
b. Assaults Among Crew
& Officers
2. Improper Supervision
a. In General
b. Particular Acts
3. Medical Care
4. Particular Properties
of Vessel & Dock
5. Other Circumstances
V. DEFENSES
A. Seaman's Conduct
1. Comparative
Negligence
2. Assumption of Risk
3. Particular
Circumstances
B. Release
C. Limitations of Actions
1. Statutory Limitations
2. Laches
D. Collateral Estoppel &
Res Judicata
E. Limitation of Liability
F. Other Defenses
VI. DAMAGES
A. In General
B. Damages for Injury
1. Elements of Damages
2 Award Deductions
C. Wrongful Death
1. Elements of Damages
2. Computation of Award
VII. PRACTICE &
PROCEDURE
A. State Court Actions
B. Jurisdiction
1. In General
2. Bases of Jurisdiction
C. Venue
1. In General
2. Bases of Venue
3 Forum Non Conveniens
D. Election of Remedies
1. In General
2. Particular Remedies
E. Institution of Action
F. Pleadings and Motions
1. Complaint
2. Answer
3. Motions
G. Removal and Remand
H. Discovery
I. Jury
1. Right To Jury Trial
2. Submission of Issues
J. Evidence
1. In General
2. Plaintiff's Burden
of Proof
3. Defendant's Burden
4. Admissibility
K. Appeal and Review
L. Settlement
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