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Full-Text Articles in Law
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
George P Roach
Compensation Forfeiture:
Stacking Remedies Against Disloyal Agents and Employees
Abstract
Four cases against outlaw CEO’s who defrauded their companies are reviewed to show the major impact that compensation forfeiture contributes to the total package of remedies awarded. The dual goals of remedies for breach of fiduciary duty of compensation and deterrence result in multiple remedies, generally including a remedy at law to compensate and a remedy in equity to disgorge any benefit from the breach. For claims that the fiduciary or agent breached her duty of loyalty, a third remedy of compensation forfeiture can be added or ‘stacked’ on top …
Addiction Postulates And Legal Causation, Or Who's In Charge, Person Or Brain?, David L. Wallace
Addiction Postulates And Legal Causation, Or Who's In Charge, Person Or Brain?, David L. Wallace
David L Wallace
In this article, I address the persistent confusion over the meaning of a medical diagnosis of drug addiction or substance dependence in the courtroom, specifically in regard to legal judgments about the reasonable legal person, causation, and individual responsibility in civil actions. Using the example of the Engle tobacco litigation in Florida, where the plaintiffs have reduced mind to brain and claimed that the clinical status of addiction excuses or mitigates the smoker’s responsibility for the health consequences of smoking based on brain processes, I examine the conceptual difficulties presented by use of biomedical models of behavior in a legal …
Lawyers, Food, And Money, David L. Wallace
Lies, Damned Lies, And Addictions: The Strange Case Of The Disappearing Person And The Bogey Of Determinism, David L. Wallace
Lies, Damned Lies, And Addictions: The Strange Case Of The Disappearing Person And The Bogey Of Determinism, David L. Wallace
David L Wallace
No abstract provided.
Addiction And Responsibility: Thoughts On The Misuse And Misunderstanding Of Addiction In The Courtroom, David L. Wallace
Addiction And Responsibility: Thoughts On The Misuse And Misunderstanding Of Addiction In The Courtroom, David L. Wallace
David L Wallace
No abstract provided.
What, Me Worry? Tort Liability Risks For Participants In Llcs, Matthew G. Dore
What, Me Worry? Tort Liability Risks For Participants In Llcs, Matthew G. Dore
Matthew G Dore
State legislatures gave scant consideration to tort victims' rights when authorizing the LLC as a new limited liability business option. Nonetheless, state LLC acts leave untouched agency law principles that preserve personal tort liability claims against individual LLC participants. This article explains why this residual tort liability path and related defensive doctrines offer the best hope for a principled accommodation of expanded limited liability business options and the interests of third party tort victims.