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Series

Articles

University of Minnesota Law School

1996

Articles 1 - 9 of 9

Full-Text Articles in Law

The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford Jan 1996

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 ...


Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford Jan 1996

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 ...


Intermediate Sanctions, Michael Tonry, Mary Lynch Jan 1996

Intermediate Sanctions, Michael Tonry, Mary Lynch

Articles

No abstract provided.


Responsible Parents And Good Children, Judith T. Younger Jan 1996

Responsible Parents And Good Children, Judith T. Younger

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 Jan 1996

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 Jan 1996

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 fundamentally ...


A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson Jan 1996

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 ...


A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford Jan 1996

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 Jan 1996

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.