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Articles 1 - 5 of 5
Full-Text Articles in Law
Rolling Down The Curtain On "Roll-Ups": The Case For Federal Legislation To Protect Limited Partners, Kenneth R. Hillier
Rolling Down The Curtain On "Roll-Ups": The Case For Federal Legislation To Protect Limited Partners, Kenneth R. Hillier
Michigan Law Review
This Note examines roll-ups and the lack of alternatives available to reluctant limited partners. Part I focuses on existing judicial remedies for limited partners, such as injunctions and actions for damages, and explains why these courses of action provide inadequate protection. This Part then reviews recent attempts at statutory protection and points out the shortcomings of these remedies. Part II examines safeguards afforded analogously situated corporate shareholders and sets forth arguments why limited partners should receive similar protection. After demonstrating the need for legislation, Part III suggests a workable structure for this statutory protection. Then, the Note discusses the relative …
Icons And Aliens: Law, Aesthetics, And Environmental Change, Scott Schrader
Icons And Aliens: Law, Aesthetics, And Environmental Change, Scott Schrader
Michigan Law Review
A Review of Icons and Aliens: Law, Aesthetics, and Environmental Change by John J. Costonis
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Easment Holder Liability Under Cercla: The Right Way To Deal With Rights-Of-Way, Jill D. Neiman
Michigan Law Review
Responding to growing public concern about the accumulation of toxic wastes, Congress in 1980 passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA authorizes federal action to clean up, or to require others to clean up, leaking hazardous waste sites. Congress placed the financial burden for this cleanup on those responsible for the problem and on those who benefited from improper methods of hazardous waste disposal. Through this liability scheme, Congress also intended CERCLA to encourage responsible or benefited parties to respond voluntarily to the hazardous waste problem.
Part I asserts that CERCLA's legislative history, when read against …
The Power Line Health Controversy: Legal Problems And Proposals For Reform, Philip S. Mccune
The Power Line Health Controversy: Legal Problems And Proposals For Reform, Philip S. Mccune
University of Michigan Journal of Law Reform
Part I of this Note examines the primary means of compensating individuals whose property is affected by EMFs from nearby power lines: eminent-domain and inverse-condemnation proceedings. Although power lines adversely affect property values in several ways, 6 fear of the potential health problems caused by power lines has had the greatest impact.' v Part I evaluates the three approaches that courts have developed to determine whether plaintiffs can recover for the effect of public fears of EMFs on property values. This Part concludes that although testimony about the biological effects of EMFs should be inadmissible, property owners should be able …
The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová
The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová
Michigan Journal of International Law
This article deals with four issues: (1) The effort of the International Law Commission of the United Nations to codify jurisdictional immunity. (2) The theoretical and practical Czechoslovak approach toward the institution of jurisdictional immunity of States and the Draft Convention, and a prediction of possible change of the Czechoslovak view. (3) The changing views of East European scholars. (4) An analysis of particular provisions of the Draft Convention with respect to their acceptability by States with different socioeconomic systems and especially by Czechoslovakia.