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Articles 1 - 5 of 5

Full-Text Articles in Law

The Diverging Meaning Of Good Faith, Mark J. Loewenstein Jan 2009

The Diverging Meaning Of Good Faith, Mark J. Loewenstein

Articles

This article explores the meaning of "good faith" in the context of corporations and unincorporated entities. The courts, particularly in Delaware, have developed two different approaches. In the corporate arena, the courts are fashioning a notion of good faith that seems to require an examination of director motivations. In the unincorporated arena, good faith has a meaning grounded in contract law. These are two different concepts and reflect the fundamental differences between corporations and unincorporated entities, with the former based on fiduciary duties and the latter on contract. There are, however, indications that this "divergence" is starting to disappear, and ...


Jurisdiction's Noble Lie, Frederic M. Bloom Jan 2009

Jurisdiction's Noble Lie, Frederic M. Bloom

Articles

This Article makes sense of a lie. It shows how legal jurisdiction depends on a falsehood--and then explains why it would.

To make this novel argument, this Article starts where jurisdiction does. It recounts jurisdiction's foundations--its tests and motives, its histories and rules. It then seeks out jurisdictional reality, critically examining a side of jurisdiction we too often overlook. Legal jurisdiction may portray itself as fixed and unyielding, as natural as the force of gravity, and as stable as the firmest ground. But jurisdiction is in fact something different. It is a malleable legal invention that bears a false ...


The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz Jan 2009

The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz

Articles

When patrons can't come to the library, sometimes the librarian must go to the patrons. That is exactly what happened this past year in the state of Colorado.


The Courts Under President Obama, Scott A. Moss Jan 2009

The Courts Under President Obama, Scott A. Moss

Articles

No abstract provided.


The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England Jan 2009

The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England

Articles

This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.