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1992

Washington University in St. Louis

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Articles 1 - 30 of 76

Full-Text Articles in Law

Off-Site Mitigation And The Eis Threshold: Nepa's Faulty Framework, Marc R. Bulson Jan 1992

Off-Site Mitigation And The Eis Threshold: Nepa's Faulty Framework, Marc R. Bulson

Urban Law Annual ; Journal of Urban and Contemporary Law

Only a comprehensive EIS will ensure that agencies adopt the safest and most effective off-site mitigation measures. The CEQ regulations support this view and discourage FONSIs justified by off-site mitigation except in limited circumstances. To encourage full disclosure and public participation in the NEPA process the CEQ, in "Forty Questions," mandates the preparation of an EIS whenever an action may have significant impacts on the environment regardless of mitigation unless such measures are imposed by law or included in the original proposal. Hopefully, the CEQ regulations will be amended so that the courts can regard this proposal as binding on ...


Introduction—A Symposium On The Role Of International Law In Global Environmental Protection Jan 1992

Introduction—A Symposium On The Role Of International Law In Global Environmental Protection

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Aids: The Life And Death Conflict Between The Confidentiality Of Blood Donors And The Recovery Of Blood Recipients, Amy L. Fisher Jan 1992

Aids: The Life And Death Conflict Between The Confidentiality Of Blood Donors And The Recovery Of Blood Recipients, Amy L. Fisher

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Rollups Of Limited Partnerships: Questions Of Regulation And Fairness, Deborah A. Demott Jan 1992

Rollups Of Limited Partnerships: Questions Of Regulation And Fairness, Deborah A. Demott

Washington University Law Review

Rollups of limited partnerships, recently the object of attention from Congress, the Securities and Exchange Commission (SEC), and the investing public, raise many conflict-of-interest questions similar to those leveraged buyouts (LBOs) present. To be sure, LBOs and rollups differ in many ways; they tend, nonetheless, to share features that induce squeamishness in many observers.


Fairness Opinions: How Fair Are They And Why We Should Do Nothing About It, William J. Carney Jan 1992

Fairness Opinions: How Fair Are They And Why We Should Do Nothing About It, William J. Carney

Washington University Law Review

I believe that fairness opinions exist for two reasons: a judicial belief in the determinacy of value, and legal rules that shelter the business judgment of a board when based on reliance on the opinion of experts. Except in rare instances, investment bankers do not deliver fairness opinions for the benefit of public shareholders. Further, the nature of the fairness opinion is such that neither courts nor investors should attach too much weight to it nor impose liability because of it, except in instances of fraud.


Surveying Poverty: Addressing Poverty Law In A Required Course, Catherine L. La Fleur Jan 1992

Surveying Poverty: Addressing Poverty Law In A Required Course, Catherine L. La Fleur

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Proposition 13 Under An Updated Equal Protection Analysis: Unlucky At Last?, William C. Peper Jan 1992

Proposition 13 Under An Updated Equal Protection Analysis: Unlucky At Last?, William C. Peper

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


The Law Clinic As A Regional Center: Looking For Solutions To Rural Southern Housing Problems, Deborah H. Bell Jan 1992

The Law Clinic As A Regional Center: Looking For Solutions To Rural Southern Housing Problems, Deborah H. Bell

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


A Reasonable Woman Approach To Hostile Environment Sexual Harassment: Ellison V. Brady, 924 F.2d 872 (9th Cir. 1991), Lynne A. Reinders Jan 1992

A Reasonable Woman Approach To Hostile Environment Sexual Harassment: Ellison V. Brady, 924 F.2d 872 (9th Cir. 1991), Lynne A. Reinders

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Comments On “An International Regime For Environmental Protection,” By Rt. Hon. Professor Sir Geoffrey Palmer, Alan S. Miller Jan 1992

Comments On “An International Regime For Environmental Protection,” By Rt. Hon. Professor Sir Geoffrey Palmer, Alan S. Miller

Urban Law Annual ; Journal of Urban and Contemporary Law

The saga of the Montreal Protocol recounted by former Prime Minister Palmer demonstrates the limits of even successful treaties: the process is cumbersome and time-consuming, and agreements are not easily policed. International regimes are emerging quickly measured by the timescales of international law and procedure, but perhaps not nearly fast enough to avoid environmental disaster.


Introduction—Interuniversity Poverty Law Consortium, Gabrielle Lessard Jan 1992

Introduction—Interuniversity Poverty Law Consortium, Gabrielle Lessard

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock Jan 1992

Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock

Urban Law Annual ; Journal of Urban and Contemporary Law

There are many obvious reasons why both developed and developing countries are unwilling to make short-term sacrifices to achieve long run environmental and societal benefits.


Congressional Delegation Of Environmental Regulatory Jurisdiction: Native American Control Of The Reservation Environment, Douglas A. Brockman Jan 1992

Congressional Delegation Of Environmental Regulatory Jurisdiction: Native American Control Of The Reservation Environment, Douglas A. Brockman

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


The Juvenile Curfew Ordinance: In Search Of A New Standard Of Review, Peter L. Scherr Jan 1992

The Juvenile Curfew Ordinance: In Search Of A New Standard Of Review, Peter L. Scherr

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Law School Support For Community-Based Economic Development In Low-Income Urban Neighborhoods, Jeffrey S. Lehman, Rochelle E. Lento Jan 1992

Law School Support For Community-Based Economic Development In Low-Income Urban Neighborhoods, Jeffrey S. Lehman, Rochelle E. Lento

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Fifra And Preemption: Can State Common Law And Federal Regulations Coexist? Papas V. Upjohn Co., 926 F.2d 1019 (11th Cir. 1991), Norman E. Siegel Jan 1992

Fifra And Preemption: Can State Common Law And Federal Regulations Coexist? Papas V. Upjohn Co., 926 F.2d 1019 (11th Cir. 1991), Norman E. Siegel

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Confidentiality Agreements Between The Press And Its Sources: Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Susan S. Greenbaum Jan 1992

Confidentiality Agreements Between The Press And Its Sources: Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Susan S. Greenbaum

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Expungement And Employment Law: The Conflict Between An Employer's Need To Know About Juvenile Misdeeds And An Employee's Need To Keep Them Secret, Carlton J. Snow Jan 1992

Expungement And Employment Law: The Conflict Between An Employer's Need To Know About Juvenile Misdeeds And An Employee's Need To Keep Them Secret, Carlton J. Snow

Urban Law Annual ; Journal of Urban and Contemporary Law

Supreme Court decisions granting First Amendment protection to non-obscene but sexually explicit movies, books, magazines, and dancing have created a number of difficult issues concerning the lawful scope of local community control over businesses that deal in these forms of expression.


School Financing Plans: The Poor Get Poorer, John W. Lawrence Jr. Jan 1992

School Financing Plans: The Poor Get Poorer, John W. Lawrence Jr.

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Fairness Opinions As Magic Pieces Of Paper, Dale A. Oesterle Jan 1992

Fairness Opinions As Magic Pieces Of Paper, Dale A. Oesterle

Washington University Law Review

I explain each suggestion in Section IV below, after I discuss the merits of the approaches of Professors Carney and Fiflis in Sections II and III. Section I contains a background discussion on the nature of fairness opinions.


Limited Liability And Externalization Of Risk: A Comment On The Death Of Partnership, Robert W. Hillman Jan 1992

Limited Liability And Externalization Of Risk: A Comment On The Death Of Partnership, Robert W. Hillman

Washington University Law Review

No abstract provided.


Venture Capital And The Future Of Corporate Finance, George W. Dent Jr. Jan 1992

Venture Capital And The Future Of Corporate Finance, George W. Dent Jr.

Washington University Law Review

After discussing general venture capital principles, this Article analyzes how venture capitalists protect themselves against the managerial opportunism that plagues other passive investors. The Article then shows that venture capital, though not the long-sought panacea for minority shareholders, offers valuable lessons for both close and public corporations. Finally, the Article demonstrates that venture capital confirms Jensen's insight into the strength of private equity financing; thus, venture capital has the potential to transform corporate finance. To fully realize this potential, however, the law must change to better accommodate minority investors.


Bargaining For Fiduciary Duties: Preserving The Vulnerability Of The Disadvantaged?, John A. C. Hetherington Jan 1992

Bargaining For Fiduciary Duties: Preserving The Vulnerability Of The Disadvantaged?, John A. C. Hetherington

Washington University Law Review

No abstract provided.


The Classification Of Erisa As “Applicable Nonbankruptcy Law” Under Section 541(C)(2) Of The Bankruptcy Code, Jay A. Yalowitz Jan 1992

The Classification Of Erisa As “Applicable Nonbankruptcy Law” Under Section 541(C)(2) Of The Bankruptcy Code, Jay A. Yalowitz

Washington University Law Review

No abstract provided.


Civil Rights Procedural Problems, Carl Tobias Jan 1992

Civil Rights Procedural Problems, Carl Tobias

Washington University Law Review

The article initially examines procedural developments that have detrimentally affected civil rights plaintiffs over the last decade and a half. The piece then analyzes the Civil Rights Act of 1991, emphasizing how that measure fails to remedy numerous procedural complications which confront these plaintiffs. Accordingly, the essay affords suggestions for additional change that would respond to the procedural difficulties which remain.


The Tenth Circuit Restricts Appellate Jurisdiction In Cases Originating In Bankruptcy Court. Kaiser Steel Corp. V. Frates (In Re Kaiser Steel Corp.), 911 F.2d 380 (10th Cir. 1990), Timothy J. Dable Jan 1992

The Tenth Circuit Restricts Appellate Jurisdiction In Cases Originating In Bankruptcy Court. Kaiser Steel Corp. V. Frates (In Re Kaiser Steel Corp.), 911 F.2d 380 (10th Cir. 1990), Timothy J. Dable

Washington University Law Review

No abstract provided.


The Effective Date Of A Transfer By Check Under Section 547(B) Of The Bankruptcy Code: Transfer Upon Delivery Or Honor? Johnson V. Barnhill (In Re Antweil), 931 F.2d 689 (10th Cir.), Cert. Granted, 112 S. Ct. 48 (1991), Susan Ellen Bindler Jan 1992

The Effective Date Of A Transfer By Check Under Section 547(B) Of The Bankruptcy Code: Transfer Upon Delivery Or Honor? Johnson V. Barnhill (In Re Antweil), 931 F.2d 689 (10th Cir.), Cert. Granted, 112 S. Ct. 48 (1991), Susan Ellen Bindler

Washington University Law Review

No abstract provided.


Unilateral Mistake: The Baseball Card Case, Andrew Kull Jan 1992

Unilateral Mistake: The Baseball Card Case, Andrew Kull

Washington University Law Review

Part I of this Article revisits the traditional account of unilateral mistake, arguing that a "subjective" theory focused on requirements of contract formation still provides the most convincing explanation of the case law and the best rule of decision. Part II suggests that the original limits to relief for unilateral mistake came to be expanded as an unintended consequence of the Holmes/Williston "objective theory" of contract, though the present-day consequences of this development are very far from what either scholar would have approved. Part III examines the alternatives to the traditional conception of unilateral mistake currently advanced by influential ...


The 1980s—Did We Save The Stockholders While The Corporation Burned?, Andrew G. T. Moore Ii Jan 1992

The 1980s—Did We Save The Stockholders While The Corporation Burned?, Andrew G. T. Moore Ii

Washington University Law Review

Although the long-range ramifications of the takeover craze are not yet known, one thing is clear: the 1980s changed the way American corporations do business. I suspect that the effects of the era have changed or will change the way in which America looks at corporations. In retrospect, many ask why this era of mega-mergers happened and why nothing was done to control events that seemed to be endangering the entire economy and the livelihood of millions. In order to appreciate these events, however, it is necessary to understand the environment in which they occurred.


Subjecting Land Commissioners To The Same Strict Disqualification Standards As Judges Under 28 U.S.C. § 455. United States V. Werner, 916 F.2d 175 (4th Cir. 1990), Paula D. Hunt Jan 1992

Subjecting Land Commissioners To The Same Strict Disqualification Standards As Judges Under 28 U.S.C. § 455. United States V. Werner, 916 F.2d 175 (4th Cir. 1990), Paula D. Hunt

Washington University Law Review

No abstract provided.