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Articles 841 - 854 of 854

Full-Text Articles in Law

To Hold Or Not To Hold: Magneson, Bolker, And Continuity Of Investment Under I.R.C. Section 1031, J. Martin Burke, Michael K. Friel Jan 1985

To Hold Or Not To Hold: Magneson, Bolker, And Continuity Of Investment Under I.R.C. Section 1031, J. Martin Burke, Michael K. Friel

UF Law Faculty Publications

This article examines the judicial and administrative development of the two holding requirements under the continuity of investment standards of section 1031 prior to decisions of the Tax Court and the Ninth Circuit in Magneson v. Commissioner and Bolker v. Commissioner, both of which expanded the boundaries of qualified holding and reemphasized the need for guidance from the Treasury or Congress on these issues. Next the article examines the subsequent impact of these decisions. Finally, the article suggests a standard to be followed in the future.


An Uneasy Relationship Between The Bankruptcy Reform Act And The Uniform Commercial Code: Delayed And Continued Perfection Of Security Interests, George L. Dawson Jan 1984

An Uneasy Relationship Between The Bankruptcy Reform Act And The Uniform Commercial Code: Delayed And Continued Perfection Of Security Interests, George L. Dawson

UF Law Faculty Publications

The widespread adoption of article 9 of the Uniform Commercial Code in the 1950s and 1960s resulted in an ‘uncertain correlation’ between state personal property security law and the Bankruptcy Act of 1898. Although the Bankruptcy Act of 1898 frequently relied upon existing state law to determine the validity of a secured creditor's interest in the personal property of a bankruptcy debtor, its provisions were more compatible with pre-Code personal property security law. As a result, courts often struggled to reconcile the meanings of the two statutes.

The enactment of the Bankruptcy Reform Act of 1978 held out the ...


Demise Of The Director's Duty Of Care: Judicial Avoidance Of Standards And Sanctions Through The Business Judgment Rule, Stuart R. Cohn Dec 1983

Demise Of The Director's Duty Of Care: Judicial Avoidance Of Standards And Sanctions Through The Business Judgment Rule, Stuart R. Cohn

UF Law Faculty Publications

Courts love the so-called business judgment rule. It dispenses quickly and easily with derivative actions against corporate directors and officers, and other challenges to corporate conduct. Unfortunately, the business judgment rule has come to mask its underlying premise, i.e. that there must have been a business judgment made. This article examines the dominance of the business judgment rule over the underlying requirement of the duty of care and suggests reform measures that will bring the duty of care back to its appropriate role in determining the merits of management decision-making processes.


Current Research Sources In French Law, Claire M. Germain Jan 1982

Current Research Sources In French Law, Claire M. Germain

UF Law Faculty Publications

This article is intended to be a practical guide to current bibliographies and other research sources dealing with French law. It is addressed to both the legal scholar and the law librarian. Some of the sources are acquisition or selection tools; others are guides to the literature.

This guide includes primarily English and French language publications, but a few works in German are noted as well. Recent sources in particular are included so that the bibliography may serve to update some of the excellent French legal research guides already available.

General sources are given first, and then specific sources. Part ...


Tender Offers And The Sale Of Control: An Analogue To Determine The Validity Of Target Management Defense Measures, Stuart R. Cohn Jan 1981

Tender Offers And The Sale Of Control: An Analogue To Determine The Validity Of Target Management Defense Measures, Stuart R. Cohn

UF Law Faculty Publications

The hostile tender offer phenomenon has spawned wholesale defensive measures adopted by target company management. In recent years, confrontations like those of Occidental Petroleum-Mead Corporation and American Express-McGraw-Hill have resulted in target management causing the eventual withdrawal of the tender offer by employing a variety of defensive measures known colloquially as “scorched earth” tactics. The “urge to merge” among major corporations will continue to produce unsolicited, nonnegotiated tender offers at varying scales of size. Consequently, strategies and techniques have been created at a pace faster than the process of litigation, causing a discernible lag between the ingenuity of corporate management ...


France: Libraries Of Law And Librarians, Claire M. Germain Jan 1979

France: Libraries Of Law And Librarians, Claire M. Germain

UF Law Faculty Publications

The author, who is a French national, made a curious discovery not long ago. Apparently nothing has been published concerning French law libraries and law librarians. In fact, very little had been written on French libraries at all. The thought of filling this gap slowly developed, prompted by a desire to contribute to the field of international law librarianship (and also perhaps by a touch of nationalistic pride!).

This paper is the result of a survey of French libraries with substantial law collections, undertaken in the winter of 1978-79 in Paris and the province. Long conversations were pursued with French ...


Stock Appreciation Rights And The Sec: A Case Of Questionable Rulemaking, Stuart R. Cohn Jan 1979

Stock Appreciation Rights And The Sec: A Case Of Questionable Rulemaking, Stuart R. Cohn

UF Law Faculty Publications

A stock appreciation rights (SARs) program is a form of deferred incentive compensation. Grantees are awarded SAR-units representing an equal number of the grantor’s equity shares currently being traded in public markets. SARs provide grantees the benefit of stock ownership without equity interest, investment, or risk of loss. Stock appreciation rights programs offer various advantages over other forms of executive compensation and have grown rapidly in number. These advantages include the availability of benefits without the requirement of monetary payments, the utilization of SARs as an interest-free form of financing the purchase of stock under tandem stock option programs ...


Law Library Consortium Data Base Components And Standards Study Group Report, George S. Grossman, Dan F. Henke, Betty W. Taylor Feb 1977

Law Library Consortium Data Base Components And Standards Study Group Report, George S. Grossman, Dan F. Henke, Betty W. Taylor

UF Law Faculty Publications

The Data Base Components and Standards Committee of the Law Library Consortium recommends the establishment of a national law data base to meet the multi-faceted needs of the legal community for legal and law-related information. The scope of the Report includes bibliographic description and control, as well as subject and full-text access to Anglo-American, foreign, comparative, and international law materials in monographs, serials, non-book media including audio-visual and computerized information, computerassisted instruction, confidential data control and resource persons. Standardsf or inputting information are suggested.


Bibliographic Control And Guides To Historical Sources, Part I - American Law Library Book Catalogs, Betty W. Taylor Aug 1976

Bibliographic Control And Guides To Historical Sources, Part I - American Law Library Book Catalogs, Betty W. Taylor

UF Law Faculty Publications

No abstract provided.


Energy Policy: A Test For Federalism, Jon L. Mills, R. D. Woodson Jan 1976

Energy Policy: A Test For Federalism, Jon L. Mills, R. D. Woodson

UF Law Faculty Publications

This Article will examine the bases of state and federal power, exploring areas of both potential and existing conflict within the energy field. Situations in which either the state or federal government appears to have exclusive authority also will be scrutinized. Possible answers to problems caused by the clashing of governmental interests will be suggested, with an eye toward aiding policymakers to reach agreements which may avert such conflicts. Finally, a prognosis of the future of federalism in regard to the energy issue will be offered.


The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure Jan 1975

The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure

UF Law Faculty Publications

Promoting the dissemination of diverse ideas with a minimum of governmental interference is the goal of the first amendment in protecting free press and free media. This goal is implicit in the public interest mandate of the Communications Act of 1934. A precise balance between restraint and diversity in first amendment policy appears impossible, but the process of decision should reflect both, with deference to restraint where possible. The Federal Communication Commission's Order in Docket 18110 failed to strike such a balance; any future action regarding cross-ownership of broadcast stations by newspapers would benefit by an increased recognition of ...


Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle Jan 1975

Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle

UF Law Faculty Publications

During the administration of President Nixon, the impoundment of funds appropriated by the Congress became not merely a means of executive economy but a tool of presidential politics. Non-judicial methods of unimpoundment lost their efficacy, and the courts became involved in the conflict between the President and the Congress in resolving the question of whether impoundment was either constitutionally or legislatively proscribed. Mr. Mills and Professor Munselle examine the process of unimpoundment both as a political phenomenon and as a legal issue. They survey the extra-judicial means of unimpoundment and then consider the resolution of that issue in the courts ...


Book Selection And Acquisitions: Comments And Annotated Bibliography, Betty W. Taylor, William W. Gaunt Feb 1970

Book Selection And Acquisitions: Comments And Annotated Bibliography, Betty W. Taylor, William W. Gaunt

UF Law Faculty Publications

No abstract provided.


Law School Construction Since 1940 - An Annotated Bibliography, Carol Meyer Bratton, Betty W. Taylor Jan 1968

Law School Construction Since 1940 - An Annotated Bibliography, Carol Meyer Bratton, Betty W. Taylor

UF Law Faculty Publications

No abstract provided.