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Articles 31 - 53 of 53
Full-Text Articles in Law
Is Griggs Dead? Reflecting (Fearfully) On Wards Cove Packing Co. V. Atonio, Mack Player
Is Griggs Dead? Reflecting (Fearfully) On Wards Cove Packing Co. V. Atonio, Mack Player
Faculty Publications
No abstract provided.
The Impact Of Proposition 103, George J. Alexander
The Impact Of Proposition 103, George J. Alexander
Faculty Publications
No abstract provided.
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne
Faculty Publications
No abstract provided.
Franchising In Mainland China, Anna M. Han, Christopher Oechsli
Franchising In Mainland China, Anna M. Han, Christopher Oechsli
Faculty Publications
No abstract provided.
What Hath Patterson Wrought? A Study In The Failure To Understand The Employment Contract, Mack Player
What Hath Patterson Wrought? A Study In The Failure To Understand The Employment Contract, Mack Player
Faculty Publications
No abstract provided.
Constitutional Interpretation: Defining Liberty Under The Constitution, David D. Friedman
Constitutional Interpretation: Defining Liberty Under The Constitution, David D. Friedman
Faculty Publications
No abstract provided.
Diagnosing Posttenure Slump Syndrome: A Guide To The Aging Of Law Professors, Paul A. Lebel
Diagnosing Posttenure Slump Syndrome: A Guide To The Aging Of Law Professors, Paul A. Lebel
Faculty Publications
No abstract provided.
Toward Unifying Ownership And Control In The Public Corporation, George W. Dent
Toward Unifying Ownership And Control In The Public Corporation, George W. Dent
Faculty Publications
In 1932, Adolf Berle and Gardiner Means published the seminal book, The Modern Corporation and Private Property. This work set forth the thesis that corporate law's central dilemma has been the separation of ownership and control in publicly held corporations. Over the years, the Berle-Means thesis has been tossed aside by critics who argue that economic forces compel managers to act as if the shareholders were in control and by those who welcome the idea that managers are able to exercise their more enlightened business acumen. On the other hand, those who share concerns over the separation of ownership and …
The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone
The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone
Faculty Publications
Because soil erosion affects the quantity and quality of farmland, it is a matter of great concern for both the government and the farm industry. Whereas in the past concern was over the potential damage to productivity, concern is now being voiced over off-site damage and water pollution. There are numerous federal programs set up to fight soil erosion, but they are all voluntary, thereby making it difficult for the government to target funds. The author reviews the seriousness of the problem, looks at the numerous government programs, and then analyzes the Food Security Act of 1985—the first act to …
Executive Loans From Corporate Funds, Jayne W. Barnard
Executive Loans From Corporate Funds, Jayne W. Barnard
Faculty Publications
The author surveys the laws affecting loans made by a corporation to its executives, including the state loan enabling statutes, the applicable tax laws, and any disclosurerequirements. Also discussed is the applicability of Regulation G to loans made by a corporation to facilitate share purchases by its executives. Finally, the author enumerates the risks inherent in executive lending and makes suggestions for risk minimization.
The Securities Law Enforcement Remedies Act Of 1989: Disenfranchising Shareholders In Order To Protect Them, Jayne W. Barnard
The Securities Law Enforcement Remedies Act Of 1989: Disenfranchising Shareholders In Order To Protect Them, Jayne W. Barnard
Faculty Publications
No abstract provided.
The Supreme Court And The Shareholder Litigant: Basic, Inc. V. Levinson In Context, Jayne W. Barnard
The Supreme Court And The Shareholder Litigant: Basic, Inc. V. Levinson In Context, Jayne W. Barnard
Faculty Publications
No abstract provided.
Affirmative Action After Reagan, Neal Devins
Affirmative Action After Reagan, Neal Devins
Faculty Publications
No abstract provided.
Defending Miranda, Paul Marcus
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno
The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno
Faculty Publications
No abstract provided.
Proxy Regulation In Search Of A Purpose, George W. Dent
Proxy Regulation In Search Of A Purpose, George W. Dent
Faculty Publications
Changing conditions often force us to rethink the role of a law. Professor Ryan's scholarly article, Rule 14a-8, Institutional Shareholder Proposals, and Corporate Democracy,underscores this need. His article is useful for both its successes and its failures. Its principal failure is its inability to identify a general justification for the rule. This is helpful; the failure of an intelligent and deter- mined advocate to find a persuasive defense of the rule confirms that no defense is possible. The article succeeds principally in showing how institutional investors have recently used the rule in ways that put the rule in a new …
The Corporate Attorney-Client Privilege: A Study Of The Participants, Vincent C. Alexander
The Corporate Attorney-Client Privilege: A Study Of The Participants, Vincent C. Alexander
Faculty Publications
Empirical research on the practical effects of the attorney-client privilege in the corporate context has been almost nonexistent. This Article seeks to help fill the gap by synthesizing traditional doctrinal analysis with the results of a survey of individuals with first-hand information about the subject: corporate attorneys, corporate management, and federal judges and magistrates. The survey, which consisted of 182 interviews in New York City, produced a broad range of information about some of the assumptions underlying the corporate privilege, the forms and processes of corporate attorney-client communications and the adjudication of privilege claims.
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Faculty Publications
Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …
Does The Nlrb Have Exclusive Jurisdiction Over Claims Of Discriminatory Job Referrals?, Jay E. Grenig
Does The Nlrb Have Exclusive Jurisdiction Over Claims Of Discriminatory Job Referrals?, Jay E. Grenig
Faculty Publications
No abstract provided.
Delusion Or Despair: The Concept Of Limited Admissibility In The Law Of Evidence, Daniel D. Blinka
Delusion Or Despair: The Concept Of Limited Admissibility In The Law Of Evidence, Daniel D. Blinka
Faculty Publications
No abstract provided.
Taxing Corporate Acquisitions: A Proposal For Mandatory Uniform Rules, Glenn E. Coven
Taxing Corporate Acquisitions: A Proposal For Mandatory Uniform Rules, Glenn E. Coven
Faculty Publications
No abstract provided.
Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert
Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert
Faculty Publications
No abstract provided.