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Series

Articles

2002

University of Minnesota Law School

Articles 1 - 8 of 8

Full-Text Articles in Law

Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams Jan 2002

Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams

Articles

This Article explores full circle evaluations in detail, arguing that corporate boards should implement such systems. Part I details full circle evaluations and explains the benefits associated with the use of such systems. Part II describes the potential legal duty to implement full circle evaluation systems. Part III argues that full circle evaluations consider the input of all persons in the corporation, thereby increasing the extent to which decisions concerning promotions are based on objective factors of merit and facilitating the advancement of women in the workplace. Part IV concludes that in light of all of the aforementioned considerations, the ...


The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort Jan 2002

The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort

Articles

The Americans with Disabilities Act obligates employers to provide reasonable accomodations to disabled workers as a means of enabling those workers to perform essential job duties. Of all the accomodations contemplated by the ADA, leaves of absence and reassignment to another position pose the most troublesome legal and human resource issues. These two types of accomodations do not merely tweak the job that a disabled employee is asked to perform, but instead excuse such employees from performing their original job assignment. While facilitating disabled employees to remain gainfully employed, these accomodations impose significant burdens on both employers and fellow employees ...


Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort Jan 2002

Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort

Articles

This Article uses a historical perspective as a basis to analyze the current state of labor and employment law in the United States. The Article first chronicles the decline in collective governance and the corresponding rise in the governmental regulation of the individual employment relation during the past 50 years, and attempts to ascertain the socio-economic forces contributing to this evolution. The Article then critiques the current state of workplace legal rules and finds a number of deficiencies in terms of both efficiency and equity. The Article pays particular attention to the impact of globalization and the resulting exacerbation in ...


Choice Of Organizational Form For The Start-Up Business, John H. Matheson Jan 2002

Choice Of Organizational Form For The Start-Up Business, John H. Matheson

Articles

Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that shareholders must satisfy creditors' claims. "Piercing" seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled. There is a consensus that the whole area of limited liability, and conversely of piercing the corporate veil, is among the most confusing in corporate law. 1


Banks And Venture Capitalists: Are The New Rules Too Tough, Too Weak, Or Just Right?, Brett Mcdonnell Jan 2002

Banks And Venture Capitalists: Are The New Rules Too Tough, Too Weak, Or Just Right?, Brett Mcdonnell

Articles

White investing, venture capitalists and bankers encounter similar problems. Deciding which young companies are most likely to flourish can be very hard. Making sure that those companies which receive funds are using their money wisely and in the interests of investors, not those running the companies, can be even harder. In solving those problems, bankers and venture capitalists use similar tools.


Keeping Secrets, Dale Carpenter Jan 2002

Keeping Secrets, Dale Carpenter

Articles

The right to privacy is the power to keep secrets. It is a power conferred in one form or another by the Constitution, by statute, and by tort law. It hinders the ability of the government and other citizens to know things about us that we -- often for very good reasons - would rather not have them know. It is a power that acts as a counterweight to the power of the state and of other citizens to monitor-often for very good reasons-what we do, what we read, what we say, and with whom we associate


Convergence In Corporate Governance--Possible, But Not Desirable, Brett Mcdonnell Jan 2002

Convergence In Corporate Governance--Possible, But Not Desirable, Brett Mcdonnell

Articles

THE prospects for international convergence in corporate governance systems have become a hot topic in legal academia. For some time scholars have depicted American corporations and capital markets as optimal adaptations for governing large business enterprises. 1 More recently, American scholars have become more aware that other countries do things rather differently. While large American corporations have many dispersed shareholders and turn to public stock and bond markets for financing, large Japanese and German corporations have more concentrated shareholders and close financial relations with banks.


A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger Jan 2002

A Review Of The Fifty-Third Session Of The Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, Muria Kruger

Articles

The term ‘fundamentalism’ means adherence to principles of one’s religion. Therefore, Islamic fundamentalism stands for a return to the doctrines of Islam in their original form as were practised in the medieval times. It could also mean idealising the historical past of Islam and calling for a return to ‘pure and original Islam’, which can be achieved through peaceful, lawful and cultural/spiritual means. In practice, the focus of Islamists has been Islamisation of the state rather than reform of the individuals. It has generated conflict as the Islamic fundamentalists seek to impose their will through coercion, violence and ...