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Articles 1 - 10 of 10
Full-Text Articles in Law
Exculpatory Liabilities And Partnership Nonrecourse Allocations, Karen C. Burke
Exculpatory Liabilities And Partnership Nonrecourse Allocations, Karen C. Burke
UF Law Faculty Publications
The rise of limited liability companies (LLCs) classified as partnerships for federal income tax purposes challenges traditional assumptions concerning the treatment of recourse and nonrecourse liabilities under Subchapter K. The complex rules of sections 704(b) and 752 give little attention to liabilities that are recourse to the entity under section 1001 but for which no member bears the economic risk of loss under section 752. In comparison to traditional general or limited partnerships, however, LLCs are much more likely to incur such "exculpatory" liabilities because of the limited liability shield under state law. Although exculpatory liabilities are functionally quite similar …
Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller
Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller
All Faculty Scholarship
Despite the emergence of managed health care and the resulting dramatic change in the role of the third-party payer in the physician-patient relationship, the liability standards applied to physicians largely have remained unchanged. This has created a tension between physicians' legal and ethical obligations, and the requirements imposed on the physician by managed health care. Specifically, the issue confronts the physician in the context of malpractice liability. Managed Care Organizations impose a significant amount of control over the way physicians practice medicine, often forcing physicians to ration care. Notwithstanding any beneficial cost savings that might result, this approach subjects the …
The Economics Of Post-September 11 Financial Aid To Airlines, Margaret M. Blair
The Economics Of Post-September 11 Financial Aid To Airlines, Margaret M. Blair
Vanderbilt Law School Faculty Publications
This Article considers the economic and policy merits of the Air Transportation Safety and System Stabilization Act, passed by Congress and signed into law in the immediate aftermath of the Sept. 11, 2001 terrorist attacks. The Act provided immediate cash relief to airlines to compensate them for losses resulting from the federal ground stop order during the first four days after the attack, as well as established the Air Transportation Stabilization Board to consider further federal financial assistance such as loan guarantees to airlines hurt by the actual terrorist events and the threat of future such events. During the year …
Proximate Cause And The American Law Institute: The False Choice Between The "Direct Consequences" Test And The "Risk Standard", Michael Wells
Proximate Cause And The American Law Institute: The False Choice Between The "Direct Consequences" Test And The "Risk Standard", Michael Wells
Scholarly Works
This article takes a new look at an old problem that lies at the heart of tort law: How does one define the scope of liability when a negligent actor causes unforeseeable harm? This topic once drew the attention of such legal giants as Benjamin Cardozo, Robert Keeton, and William Prosser. Today it seems largely forgotten, except for a class or two in first year torts courses.
The occasion for examining the unforeseeable harm issue is the proposed revision of the Restatement (Third) of Torts by the American Law Institute ("ALI"). In a tentative draft of portions of the Restatement …
Legal Transitions, Rational Expectations, And Legal Progress, Kyle D. Logue
Legal Transitions, Rational Expectations, And Legal Progress, Kyle D. Logue
Articles
In the literature on legal transitions, the term "transition policy" is generally understood to mean a rule or norm that influences policymakers' decisions concerning the extent to which legal change should be accompanied by transition relief, whether in the form of grandfathering or phase-ins or direct compensation. Legal change within this literature is defined broadly, and somewhat counter-intuitively, to include any resolution of the uncertainty regarding what the law will be in the future or how the law will be applied to future circumstances. Thus, a legal change would obviously include an unexpected repeal of a tax provision, such as …
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
All Faculty Scholarship
Legal doctrine exhibits some striking temporal anomalies, previously not much adverted to. Wrongdoing looked at before it has occurred, and after is has occurred, is apt to look very different. I take up the two key components of wrongdoing seriatim, the harm-portion and the misconduct-portion: the "damage" part and the "liability" part. We tend to look at harm in a harm-agnifying way before it has occurred, and in a harm-inimizing way afterwards. We thus tend to think about negligence and the harm it wreaks in seemingly inconsistent ways. I examine and reject some possible explanations of this. Misconduct too looks …
Justice Lewis F. Powell, Jr. And The Counterrevolution In The Federal Securities Laws, Adam C. Pritchard
Justice Lewis F. Powell, Jr. And The Counterrevolution In The Federal Securities Laws, Adam C. Pritchard
Articles
The confirmation of Lewis F. Powell, Jr., to the Supreme Court coincided with a dramatic shift in the Court's approach to securities law. This Article documents Powell's influence in changing the Court's direction in securities law. Powell's influence was the product of his extensive experience with the securities laws as a corporate lawyer, which gave him much greater familiarity with that body of law than his fellow Justices had. That experience also made him skeptical of civil liability, particularly class and derivative actions. Powell's skepticism led him to interpret the securities law in a consistently narrow fashion to reduce liability …
Litigator's Thumbnail Guide To The Warn Act, David A. Santacroce
Litigator's Thumbnail Guide To The Warn Act, David A. Santacroce
Articles
When large companies choose to lay off workers or close down plants without prior notice, they can be subject to extensive liability under the federal Worker Adjustment and Retraining Notification Act (WARN), including 60 days backpay to all affected workers, daily fines to local government, and attorney fees generated during the suit. In the following article, the author presents the bare bones basics of WARN in order for employees and their advocates to understand how and when WARN applies.
The Impact Of Economic Globalization On Compliance, Dinah L. Shelton
The Impact Of Economic Globalization On Compliance, Dinah L. Shelton
GW Law Faculty Publications & Other Works
The introductory chapter of this book begins by defining globalization and the novel notion of the “common concern of humanity” and describes the ethical, cultural, and economic considerations underlying protection of the biosphere. The chapter describes the evolution of the common concern of humanity in depth and describes the increased presence of international organizations. Next, the chapter introduces the Marrakesh Charter and its corresponding economic principles. The chapter concludes that there exists the need to create an international liability system for both states and individuals for environmental degradation caused by international trade.
A Jurisdictional Approach To Collapsing Corporate Distinctions, Peter B. Oh
A Jurisdictional Approach To Collapsing Corporate Distinctions, Peter B. Oh
Articles
This article challenges our persistent path dependence on defunct distinctions between corporations and certain limited unincorporated associations. Recent federal tax regulations have inspired proposals for consolidated treatment of all limited business organizations through uniformly based or universally applicable statutes. I contend these proposals are preoccupied with how hybrid organizations such as the limited liability company and the limited liability partnership amalgamate, and thus implicitly preserve, traditional dichotomies between corporations and partnership categorizations as well as entities and aggregate theories. The continued use of these schemes compromises the legal basis for such proposals.
By critically examining certain jurisdictional principles, this article …