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Articles 1 - 12 of 12

Full-Text Articles in Law

Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern Oct 1999

Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Torts Damages: Regulate The Transfer Of Structured Settlement Payment Rights; Provide That No Such Transfer Shall Be Effective Unless Certain Disclosures Are Made; Provide For A Right Of Rescission With Respect To Such Transactions; Provide For Enforcement, Vince Tilley Sep 1999

Torts Damages: Regulate The Transfer Of Structured Settlement Payment Rights; Provide That No Such Transfer Shall Be Effective Unless Certain Disclosures Are Made; Provide For A Right Of Rescission With Respect To Such Transactions; Provide For Enforcement, Vince Tilley

Georgia State University Law Review

The Act requires certain disclosures to structured settlement sellers, including discount rates, fees and other costs. The Act further provides for a cool- off period after parties execute such a transfer, during which a seller may rescind the contract without penalty. A violation of this Act shall also violate the Georgia Fair Business Practices Act (GFBPA). The Administrator of the GFBPA may enforce the provisions of this Act through administrative fines or a court-ordered injunction, if necessary.


Required Disclosure And Corporate Governance, Merritt B. Fox Jul 1999

Required Disclosure And Corporate Governance, Merritt B. Fox

Law and Contemporary Problems

Little scholarly attention has been paid to the corporate governance effects of required disclosure. In analyzing these effects, Fox concludes that required disclosure can improve corporate governance in important ways.


When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen Jun 1999

When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen

Missouri Law Review

Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …


Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel Jun 1999

Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel

Missouri Law Review

The common law approach to disclosure of latent defects in real property was caveat emptor, which meant sellers had no duty to disclose latent defects to purchasers.2 Most modem courts have mitigated the harshness of the doctrine by adopting a system that mandates disclosure by a seller of any latent defect3 material to the purchaser's decision to buy the property and whose existence is known by the seller. Droz v. Trump highlights a growing trend among a number of Missouri courts willing to further narrow the seller protections of caveat emptor in favor of protecting innocent purchasers of real property. …


Disclosing Personal Data In Real Estate Deals, Roger Bernhardt Mar 1999

Disclosing Personal Data In Real Estate Deals, Roger Bernhardt

Publications

This article discusses disclosure in real estate transactions. In California, residential sales and lease contracts must contain large-print notice as to how to obtain information about registered sex offenders. At the same time, Civil Code 1710.2 restricts disclosure of AIDS.


The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips Jan 1999

The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips

Touro Law Review

No abstract provided.


Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron Jan 1999

Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron

Fordham Law Review

No abstract provided.


A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune Jan 1999

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Kentucky Law Journal

No abstract provided.


A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune Jan 1999

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Law Faculty Scholarly Articles

In the absence of a rule clearly requiring disclosure, a lawyer is obligated not to disclose information which is adverse to the interests of a client. However, judges should be able to expect lawyers to disclose information about procedural matters. This Article argues that Model Rule of Professional Conduct 3.3 should be amended to require disclosure of information about procedural matters. Part I describes the events in Potter v. Eli Lilly & Co., a case involving a secret settlement related to Prozac. Part II makes the argument for a rule requiring disclosure of procedural information. Part III describes how …


Disclosure In Global Securities Offerings: Analysis Of Jurisdictional Approaches, Commonality And Reciprocity, Marc I. Steinberg, Lee E. Michaels Jan 1999

Disclosure In Global Securities Offerings: Analysis Of Jurisdictional Approaches, Commonality And Reciprocity, Marc I. Steinberg, Lee E. Michaels

Michigan Journal of International Law

This article presents a summary of the regulatory systems currently in place in the world's major markets. This summary focuses primarily on the disclosure rules that must be followed by a company undertaking an equity offering in each country. Certain significant accounting standards also are discussed. After comparing the different disclosure frameworks, the article addresses efforts that have been made to regulate or standardize the world's markets on a more international level. Finally, the article discusses where we should go next in the quest to create greater harmony in a truly global marketplace.


Capital Market Regulation In Developing Countries, Andrew T. Guzman Dec 1998

Capital Market Regulation In Developing Countries, Andrew T. Guzman

Andrew T Guzman

No abstract provided.