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Full-Text Articles in Law

On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …


Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman Apr 1995

Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman

Law and Contemporary Problems

Passage of the Revised Uniform Partnership Act (RUPA) brought change in the treatment of partnerships as entities rather than aggregates of their members. The nature of the Gordian knot that binds individuals associated in partnership and the lingering ties between individuals formerly associated in partnership are examined, and the hidden costs of continuity that RUPA imposes on withdrawing partners are evaluated.


The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur Apr 1995

The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur

Law and Contemporary Problems

Limited liability company (LLC) laws utilize provisions clearly of partnership origin in varying degrees. The adoption of the Uniform Limited Liability Company Act and the LLC are discussed.


Linking Statutory Forms, Larry E. Ribstein Apr 1995

Linking Statutory Forms, Larry E. Ribstein

Law and Contemporary Problems

Business association statutes may be "linked" in that rules from one statute are applied to a business form created under another statute; for example, the Uniform Partnership Act, the Uniform Limited Partnership Act and the Revised Uniform Limited Partnership Act provide that general partnership provisions apply to limited partnerships. An evaluation of this linkage is presented.


Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott Apr 1995

Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott

Law and Contemporary Problems

Many distinctive consequences of the relationship among partners stem from applicable norms of agency law, but basic agency norms applicable to incorporated businesses are fundamentally different. Agency doctrines that are distinctive to the partnership context are examined, and their consequences and rationales are explored.


Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal Apr 1995

Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal

Law and Contemporary Problems

The contractarian and fiduciary-based positions of the Revised Uniform Partnership Act (RUPA) and the observation that RUPA is internally contradictory and does not consistently adopt either position are discussed. Professor Hynes' discussion of the waivability of fiduciary duties under RUPA is critiqued.


Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner Apr 1995

Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner

Law and Contemporary Problems

The fiduciary duty rules in the Revised Uniform Partnership Act of 1994 (RUPA) are discussed. RUPA represents a major and sufficient move toward a contractarian statement of the law.


Fiduciary Rules And Rupa, J. Dennis Hynes Jan 1995

Fiduciary Rules And Rupa, J. Dennis Hynes

Publications

No abstract provided.


Is Revlon Only Cosmetic?: Structuring A Merger In The Mid-1990s, Alexander B. Johnson Jan 1995

Is Revlon Only Cosmetic?: Structuring A Merger In The Mid-1990s, Alexander B. Johnson

Fordham Law Review

No abstract provided.


The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur Jan 1995

The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur

Publications

No abstract provided.


Foreword, J. Dennis Hynes Jan 1995

Foreword, J. Dennis Hynes

Publications

No abstract provided.