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Corporation Law: Delaware Supreme Court Exercises Its Own Business Judgment, Denise E. Griggs

University of Dayton Law Review

Zapata Corporation v. Maldonado, 430 A.2d 779 (Del. 1981).

The derivative suit is a device by which minority shareholders can enforce corporate rights that are violated by corporate management. The business judgment rule is the defense mechanism asserted by the board of directors to compel dismissal of the shareholder's suit. The continued vitality of derivative suits has been seriously threatened by state and federal decisions which have consistently upheld reliance on the business judgment rule as a grounds for disinterested directors to dismiss derivative actions they deem detrimental to the corporation.

Provided the directors do not stand in a "dual …

Loss Of Parental Society And Companionship: Infant's Action Against Person Who Negligently Injured Father, Louis R. Kindell

University of Dayton Law Review

Ferriter v. Daniel O'Connell's Sons, Inc., 413 N.E.2d 690 (Mass. 1980)

The rights of individuals to recover for nonpecuniary losses have evolved steadily since the inception of tort law. One of the first steps in this evolution was allowing recovery for loss of services under the master/servant relationship. Under this doctrine, an employer or master could recover the value of his employee's services, if lost through a defendant's tortious conduct. In order to recover, the plaintiff was required to show actual, measurable monetary loss, such as the replacement costs for his lost servant.

The master/servant analogy was later transposed upon …

Law, Medicine And Forensic Science, Third Edition (By William J. Curran And E. Donald Shapiro), Marshall B. Kapp

University of Dayton Law Review

Mention the term "health law" to the average person, including most attorneys and health professionals, and one will immediately conjure up visions of medical malpractice litigation. Private lawsuits brought by individual patients seeking monetary damages from their health care providers based on alleged breach of professional duty have been a part of this nation's legal and social landscape for a considerable time. The prosecution and defense of such claims has kept a substantial number of attorneys quite gainfully occupied. Medical malpractice continues today to be an increasingly prolific area of legal activity, owing to factors like the ever-growing organizational and …

Front Matter, Volume 7, Number 2 (1982), University Of Dayton

University of Dayton Law Review

Table of contents, Volume 7, Number 2

The Evolution Of The Prenatal Duty Rule: Analysis By Inherent Determinants, James P. Murphy

University of Dayton Law Review

Are there inherent determinants that govern basic factual situations and coalesce with them in the directed development of a rule of law? To put it another way, does a rule of law evolve? If a judge reads a number of cases with similar facts, a presently existing consciousness confronts the written material on the pages. By bringing together these cases, the reader has constellated them into an independent entity, an entity that can only be described as a kind of being. If this being is regarded, studied, perused for meaning, does it not likewise regard the reader? When the reader …

Kafka’S “Die Verwandlung” And Its Natural Model: An Alternative Reading, G. Thomas Mann

University of Dayton Review

Perhaps no twentieth-century literary work from German-speaking Europe has attracted more attention worldwide than Franz Kafka's "Die Verwandlung." Since it was first published in 1912, this bizaare tale of the traveling salesman who awakes one morning to discover he has been transformed into a huge bug has consistently elicited powerful responses from its readers. Some have judged it disgusting and perverse, while others have regarded it as profound, prophetic, or puzzling. Virtually all, however, have found it provocative. As a result, its readership has steadily grown until today it belongs to the expected reading of the so-called educated person, not …

Cover And Table Of Contents, University Of Dayton

University of Dayton Review

No abstract provided.

Christianity: Hypocrisy And Honesty In The Afro-American Novel Of The Mid-19th Century, Rennie Simson

University of Dayton Review

A hundred years ago one of the most difficult and important tasks confronting white men involved in the institution of slavery was to convince themselves that the human beings they imported as slaves were not human beings in the same sense that they were. They found this task somewhat difficult because their eyes and ears contradicted their attempts to relegate the black man to a subhuman status. Not only did the blacks look human, but they had demonstrated courage and intelligence and shared experiences like those of the whites. The white man was thus compelled to look elsewhere than to …

Goethe's 'An Den Mond' And The Lyrical Idiom Of The German Evening Poem, Kenneth G. Negus

University of Dayton Review

Goethe's 'An den Mond,' first published in its final version in 1789, is generally considered a culmination of his art of the lyric. It also represents the first supreme achievement in the development of his special art of the evening poem during his thirties, the later phases being in his sixties (West-ostlicher Divan) and in his late seventies (Dammrung senkte sich von oben …' and 'Dem aufgehenden Vollmond'). Like several of his most well-known evening lyrics, it is a moon poem.

Gottfried Keller’S Representation Of Human Society, Richard Leister

University of Dayton Review

The titles of two of Gottfried Keller's stories express two extremes of social background: lowly piece-workers ("Die drei gerechten Kammacher") and nobility ("Die arme Baronin"). These extremes suggest the gamut of social backgrounds which are represented in Keller's stories. But not only worker and nobleman, also rich and poor, proud and humble, young and old, generous and miserly are heroes and heroines in his stories.

The Image Of The School In Heinrich Boll’S Early Works, Henry C. Helmke

University of Dayton Review

The school experience has been a prominent motif in German writing for many years, and naturally, the image of the institution differs according to the social and political values held by the respective authors. Goethe, in his fiction, depicts the school experience as beneficial and the teachers as helpful and understanding. Heine, on the other hand, is highly critical of the German educational system. Over the years, especially in that writing which is critical of the socio-political climate in Germany, the picture painted of the school has changed with the changing concerns of German authors, but it has generally been …

Molloy: Beckett’S “Nourishing And Economical Irish Stew”, Keith Cushman

University of Dayton Review

In this essay I propose to discuss Moran's stew as paradigm for the novel Molloy. After all, as Beckett had learned from Joyce, "the more carrots you chop, the more turnips you slit, the more murphies you peel, the more onions you cry over, the more bullbeef you butch, the more mutton you crackerhack, the more potherbs you pound, the fiercer the fire and the longer your spoon and the harder you gruel with more grease to your elbow the merrier fumes your new Irish stew." Beckett had of course already peeled a Murphy. In Molloy, he creates a concoction …

“Salomon Saith”: Bacon’S Uses Of Solomon In The 1625 Essayes, Joan Wylie Hall

University of Dayton Review

A basic feature of Bacon's style in the Essayes or Counsels, Civill and Morall is his allusion to wise men — persons who serve as authorities and even as models for the reader. Bacon's many citations in the fifty-eight essays range from such modern authors as Machiavelli and Rabelais to such ancient writers as Virgil and St. Paul. Yet one authority stands above all others: Solomon, the most frequently named of Bacon's several wise men. That Solomon was for the Renaissance the epitome of wisdom is of course well known. Bacon himself displayed a lasting interest in Solomon, from …

Balancing: Between Perfect Order And Chaos (A Reflection Provoked By The Reading Of Mrozek’S Tango), Carroll C. Kearley

University of Dayton Review

Even though assimilation is a characteristic feature of life, the life we live in community ought not to be evaluated primarily by the criterion of how much it can assimilate. Assimilation is not an end in itself, but is a process whereby a living thing incorporates nutrients into its own organic integrity. Incorporation of healthy nutrients leads to a flourishing that is proper to a particular kind of living thing. A carrot will assimilate minerals that will enable it to become a flourishing carrot. A community, a most complex form of life, also needs its nutrients; and its nutrients are …

An Introduction To The Dramas Of Ilse Langner, Jerry Glenn

University of Dayton Review

In his "Nachwort" to Ilse Langner's drama Frau Emma kampft im Hinterland, Wolfgang Weyrauch observes: "Ich habe nie begriffen, warum die 'Pioniere in Ingolstadt' der Marieluise Fleisser immer wieder gespielt werden (nichts gegen sie, alles fur sie), und 'Frau Emma kampft im Hinterland' von Ilse Langner nicht." Although Fleisser and Langner differ in several respects — the nature and quantity of their literary works and their reception after the mid- 1960s — they still have much in common. Both were born about the turn of the century, enjoyed notable theatrical successes during the Weimar Republic, and experienced difficulties during …

Middle Class Ideology And The Autonomous Self: The Emergence Of The Novel In Europe And Africa, Richard Bjornson

University of Dayton Review

There is no single source of the novel as a literary genre, nor is there any single ideology which is most appropriate to it. Narrative techniques and devices associated with the novel are present in earlier epics, romances, novella collections, travel accounts, fables, miscellanies, jest books, lives of saints, and chronicles, just as most ideological perspectives have at one time or another found expression in the novel. Nevertheless, novel-writing has tended to develop in different places, when similar socio-cultural concerns were beginning to surface; in particular, it can often be identified with an emergent belief that individuals constitute a primary …

Negligence Or Scienter - The Appropriate Standard Of Liabiltiy For Outside Accountants For Misleading Proxy Statements Under Section 14(A) Of The Securities Exchange Act Of 1934, Lee A. Kintzel

University of Dayton Law Review

Should an outside accountant be held liable for negligently providing incorrect information to be included in a corporation's proxy statement in a shareholder action under section 14(a) of the Securities Exchange Act of 1934 (the 1934 Act)? Or should the plaintiff in a section 14(a) action be required to show that the accountant intended to deceive the shareholder; that is, should liability be imposed only where the accountant acted with scienter?

Section 14(a) makes it unlawful for any person to solicit proxies in violation of rules prescribed by the Securities and Exchange Commission (SEC). Rule 14a-9, implementing section 14(a), prohibits …

Environmental Law: States May No Longer Bring A Federal Common Law Nuisance Action To Abate Interstate Water Pollution, Jeffrey L. Rulon

University of Dayton Law Review

City of Milwaukee v. Illinois, 101 S.Ct. 1784 (1981).

In the landmark decision Erie Railroad v. Tomkins, the United States Supreme Court set forth the general proposition that the federal courts may not provide their own rules of decision under the guise of federal common law. Since Erie, however, in cases involving a significant federal interest, the Court has consistently backed away from this rather harsh limitation on federal judicial power. In the City of Milwaukee v. Illinois decision, the United States Supreme Court apparently came full circle, returning to its rule preventing federal courts from fashioning federal common law, …

S.B. 1: Ohio Enacts Death Penalty Statute, Anthony L. Geiger, Scott Selbach

University of Dayton Law Review

“The high service rendered by the 'cruel and unusual' punishment clause of the Eighth Amendment is to require legislatures to write penal laws that are evenhanded, nonselective, and nonarbitrary, and to require judges to see to it that general laws are not applied sparsely, selectively, and spottily to unpopular groups.”

With this mandate in mind, the Ohio General Assembly returned capital punishment to the state on October 19, 1981 with the signing of Senate Bill 1 by Governor Rhodes. The bill represents Ohio's third attempt to enact a constitutionally permissible death penalty since the 1788 "Marietta Code" provided the penalty …

S.B. 269: The Impact Of Federal Legislation On Ohio's Hazardous Waste Disposal Program, Mary Jo S. Korona, Joseph G. Interlichia

University of Dayton Law Review

In 1980 the Ohio legislature enacted major hazardous waste legislation in Senate Bill (S.B.) 269. Senate Bill 269 amends and enacts new provisions of Chapter 3734 (Solid Waste Disposal) of the Ohio Revised Code and represents Ohio's efforts to create a statutory framework for a comprehensive hazardous waste management program which closely parallels the federal Resource Conservation and Recovery Act. The scope of S.B. 269, together with the regulations promulgated under it, encompasses all aspects of the activity surrounding hazardous wastes from generation to reclamation. Enactment of S.B. 269, however, raises uncertainty for both those administering the program and those …

State Court Jurisdiction Over Claims Arising Under Federal Law, Dennis L. Bailey

University of Dayton Law Review

The division of the American legal process into two complete and distinct judicial systems, state and federal, has the potential to lead and, indeed, has led to some problems and disputes between courts at the state and federal level. The recent tug-of-war between a Louisiana state judge and a United States District Judge over the custody and school for two school children in Louisiana was a much publicized case of a jurisdictional dispute. Such disputes between state and federal courts over their proper jurisdiction typically do not generate the media coverage of this Louisiana dispute and involve issues of greater …

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

University of Dayton Law Review

Americans have begun to recognize the importance of historically significant structures and places. Historic districts are being restored in many parts of the nation. This recognition has spawned the creation of a social value which places emphasis upon the preservation of historic properties. Historic places provide a physical link to society's cultural history — a unique and irreplaceable connection to the past. More specifically, the protection of cultural resources has social importance since it encourages increased understanding and respect for the past and provides a source of architectural beauty for the future. Governmental promotion of protective policies for historic properties, …

Ucc Section 1-207 And The Full Payment Check: The Struggle Between The Code And The Common Law - Where Do The Debtor And Creditor Fit In?, Susan Harrison Hendrick

University of Dayton Law Review

A relatively overlooked section of the Uniform Commercial Code [hereinafter U.C.C. or Code], section 1-207, which concerns performance or acceptance under reservation of rights, has recently come to the forefront and could have a profound effect on debtor-creditor relations.' The question which has arisen is whether U.C.C. section 1-207 should be applied to the full payment check, thus changing the common law doctrine of accord and satisfaction concerning the full payment check. In the context of debtor-creditor relations, disputes often arise over an amount due. For example, A and B enter into an agreement whereby A agrees to furnish certain …

Private Pensions: Erisa Permits Offsets Of Private Pension Benefits By Amounts Received In Worker's Compensation Awards, Preempting State Laws Prohibiting Such Offsets, Edward J. Dowd

University of Dayton Law Review

Alessi v. Raybestos-Manhattan, Inc., 101 S. Ct. 1895 (1981).

In response to a growing national concern over the loss of private pension benefits by employees, Congress enacted the Employee Retirement Income Security Act of 1974 (ERISA). Congress' primary concern was correcting the inadequate vesting and funding requirements which frequently resulted in defeating retirees' post employment expectations. Through ERISA Congress sought to improve the equitable character and soundness of such plans by providing (1) nonforfeitable vested rights, (2) minimum funding requirements, and (3) termination insurance to protect retirees from insolvent employers. An additional goal of Congress was to encourage expansion of …

The Assumption And Eschatology: Excerpts/Summary From Transcript Of Presentation, Austin Vaughan

Marian Studies

No abstract provided.

Back Cover, Mariological Society Of America

Marian Studies

No abstract provided.

Letter Of His Excellency Patrick F. Flores, Archbishop Of San Antonio, Patrick F. Flores

Marian Studies

No abstract provided.

Msa Necrology (1981), Mariological Society Of America

Marian Studies

No abstract provided.

Report On The 1982 Convention (San Antonio, Texas), Théodore Koehler

Marian Studies

No abstract provided.

Official Welcome Of His Excellency Patrick F. Flores, Patrick F. Flores

Marian Studies

No abstract provided.