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Full-Text Articles in Law
Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper
Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper
Articles
Assume that you are an attorney seeking to determine the statute of limitations applicable in Minnesota to a case with multistate aspects. Perhaps you consult the Dunnell Minnesota Digest 2d, which states succinctly: "If a cause of action not arising in this state or accruing to a citizen thereof is barred by the law of another state it is barred here." 1 The encylopedia then states several corollary propositions for multistate cases with different fact patterns and provices numerous case citations in support of the propositions. What the reference unfortunately fails to tell you is that the legal propositions and …
Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg
Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg
Articles
In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …
Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase
Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase
Articles
Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going …
The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford
The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford
Articles
No abstract provided.
The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt
The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt
Articles
In March 1982, the United Nations Commission on Human Rights initiated the appointment of a Special Rapporteur on Summary or Arbitrary Executions. The Special Rapporteur on Summary or Arbitrary Executions has done far more than merely study that grave human rights problem; he has received complaints about impending and past executions, issued appeals to governments about threatened executions and the need to investigate past killings, and reported publicly on much of his activity. The Commission on Human Rights not only has renewed the Special Rapporteur on Summary or Arbitrary Executions in its subsequent annual sessions, but has followed this precedent …
The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford
The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford
Articles
The attempt clause 1 of the Sherman Antitrust Act deals with unilateral behavior which produces or is likely to produce significant anticompetitive consequences. Justice Holmes, in his classic statement of the attempt offense in Swift & Co. v. United States, 2 identified the elements of the offense as the defendant's intent to monopolize and the dangerous probability that the defendant would succeed. In the classic model of the offense, the defendant's intent resolves the ambiguity of the defendant's present behavior by showing that it is instrumental to the forbidden goal of monopolization.
International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney
International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney
Articles
Apartheid in Southern Africa represents one of the greatest challenges, one of the greatest success stories, and one of the most frustrating defeats of the international human rights movement. This article first introduces international human rights and the in- ternational law of human rights-particularly as they relate to apartheid.Second, the article sketches the work of the Interna- tional Court of Justice, which has rendered three significant human rights decisions concerning Namibia. Having begun to dis- cuss Namibia, the article also examines the work of the Security Council, General Assembly, and other United Nations bodies con- cerning Namibia.