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Full-Text Articles in Law
A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson
A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson
Articles
The authors propose a wholesale reformation of business organization law. The current regime of business organization law reflects an attempt to blend the benefits of limited liability with conduit or flow-through taxation. The result has been a haphazard development of business forms, often created to satisfy shifting federal tax law guidelines. The authors trace this development, from the traditional corporation and partnership forms through limited partnerships and Subchapter S corporations to the recent organizational forms of limited liability companies and limited liability partnerships. The authors show how the search for the ideal organizational form has failed, leaving an unwieldy morass …
Intermediate Sanctions, Michael Tonry, Mary Lynch
Responsible Parents And Good Children, Judith T. Younger
Responsible Parents And Good Children, Judith T. Younger
Articles
No abstract provided.
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Articles
No abstract provided.
Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett
Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett
Articles
No abstract provided.
A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie
A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie
Articles
Section I of this article reviews the historical notions of the automatic stay prior to and under the Bankruptcy Act of 1898 (the “Act”) as well as the legislative history of § 362 of the Bankruptcy Code of 1978 (the “Code”). Section II focuses on the arguments for and against upholding the validity of agreements which waive the protections of the automatic stay. Specifically, this section analyzes recent court decisions in this area and attempts to discern differences between permissible and impermissible waivers. Section III reviews the enforcability of other prepetition agreements. In Section IV, we introduce our hypothesis, based …
The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford
The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford
Articles
Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from cartel-like exclusionary …
A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford
A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford
Articles
Richard Vigilante has combined in this book an intense and dramatic account of a major strike, complete with character portraits of the leading actors, with interpretations of the events and insights into the operations of the labor movement on several levels.
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.
Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford
Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford
Articles
Microsoft Corporation's jousting with the Justice Department's Antitrust Division over the last two years has been the subject of widespread media interest. The Division has required Microsoft to change its licensing practices; it has thwarted Microsoft's planned merger with Intuit. Furthermore, the Division has threatened to block Microsoft's introduction of its new Windows 95 operating system as a result of a dispute over the lawfulness of Microsoft's incorporation into that program of an icon helping users to sign on to Microsoft's new on-line service. The sparring between the Justice Department and Microsoft over these Department challenges to Microsoft's plans may …