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1992

Washington University in St. Louis

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Articles 61 - 76 of 76

Full-Text Articles in Law

Skating On Thin Ice: Nhl Owners And Players Clash Over Free Agency, Sue Santa Jan 1992

Skating On Thin Ice: Nhl Owners And Players Clash Over Free Agency, Sue Santa

Washington University Law Review

No abstract provided.


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.


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.


The Economic Efficiency Of Close Corporation Law: A Comment, Geoffrey P. Miller Jan 1992

The Economic Efficiency Of Close Corporation Law: A Comment, Geoffrey P. Miller

Washington University Law Review

No abstract provided.


The English Radical Whig Origins Of American Constitutionalism, David N. Mayer Jan 1992

The English Radical Whig Origins Of American Constitutionalism, David N. Mayer

Washington University Law Review

Scholars-at first historians and political scientists, and more recently legal scholars-who have become more enamored with the civic republican implications of early American thought have overlooked the "whig" basis of that thought. As a result, much recent scholarship about early American constitutionalism has been seriously misguided.


Partnerships, Limited Liability Companies, And Taxes: A Comment On The Survival Of Organizational Forms, Saul Levmore Jan 1992

Partnerships, Limited Liability Companies, And Taxes: A Comment On The Survival Of Organizational Forms, Saul Levmore

Washington University Law Review

No abstract provided.


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.


Privacy Protection For Programming: Is Modifying Satellite Descramblers A Violation Of The Wiretap Law? United States V. Hux, 940 F.2d 314 (8th Cir. 1991), Thomas N. Fitzgibbon Jan 1992

Privacy Protection For Programming: Is Modifying Satellite Descramblers A Violation Of The Wiretap Law? United States V. Hux, 940 F.2d 314 (8th Cir. 1991), Thomas N. Fitzgibbon

Washington University Law Review

No abstract provided.


The Bill Of Rights: The Next 200 Years, Geoffrey R. Stone Jan 1992

The Bill Of Rights: The Next 200 Years, Geoffrey R. Stone

Washington University Law Review

Why is prediction so difficult? After all, even if we reject the static concept of original intent, constitutional interpretation is "law," and "law" should have some element of constancy, certainty, and predictability. What, then, is the problem? The problem is time. In fact, law, even constitutional law, is generally quite constant, certain, and predictable-if we look at it in relatively short time-bites. But over decades, to say nothing of centuries, law, and especially constitutional law, is unpredictable in the extreme.


Missouri Health Care Durable Power Of Attorney, Catherine M. Sheafor Jan 1992

Missouri Health Care Durable Power Of Attorney, Catherine M. Sheafor

Washington University Law Review

No abstract provided.


The Deregulation Of Limited Liability And The Death Of Partnership, Larry E. Ribstein Jan 1992

The Deregulation Of Limited Liability And The Death Of Partnership, Larry E. Ribstein

Washington University Law Review

This Article suggests that the partnership form is attractive for many firms on the margin only because of the regulatory costs of limited liability, including double corporate taxation and limitations on organizational form.


The Sixth Circuit Grants The Fdic Priority Over Direct Shareholder Suits Against Officers And Directors Of Banks In Fdic Receivership. Gaff V. Fdic, 919 F.2d 384 (6th Cir. 1990), Modified, 933 F.2d 400 (1991), Christopher A. Martin Jan 1992

The Sixth Circuit Grants The Fdic Priority Over Direct Shareholder Suits Against Officers And Directors Of Banks In Fdic Receivership. Gaff V. Fdic, 919 F.2d 384 (6th Cir. 1990), Modified, 933 F.2d 400 (1991), Christopher A. Martin

Washington University Law Review

No abstract provided.


Justice Holmes's Philosophy, Sheldon M. Novick Jan 1992

Justice Holmes's Philosophy, Sheldon M. Novick

Washington University Law Review

In my biography of Justice Holmes it seemed proper to let him have his effects. But explanation also has its part to play, if only below decks; so while Holmes lightly touches the helm, we may now trudge down to the engine room and have a look at the machinery.


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.


Doing The Right Thing, Geoffrey C. Hazard Jr. Jan 1992

Doing The Right Thing, Geoffrey C. Hazard Jr.

Washington University Law Review

At one level, it is easy to describe the ethical standards observed by many lawyers. Quite bluntly, they are terrible. On the other hand, the ethical standards observed by many lawyers are excellent, particularly considering the very difficult and delicate ethical problems with which they must deal. The problem of "bad actors" in the profession is, in my opinion, primarily the weakness of institutions' ability to secure compliance with the profession's official standards. For example, the disciplinary machinery in many jurisdictions has simply been overwhelmed with grievances that cannot be adequately investigated.

However, the focus of the present analysis ...