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Articles 1 - 11 of 11
Full-Text Articles in Law
New Forms And New Balances: Organizing The External Relations Of The Unincorporated Firm, Robert W. Hillman
New Forms And New Balances: Organizing The External Relations Of The Unincorporated Firm, Robert W. Hillman
Washington and Lee Law Review
No abstract provided.
"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal
"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal
Washington and Lee Law Review
No abstract provided.
Foreword To Freedom Of Contract And Fiduciary Duty: Organizing The Internal Relations Of The Unincorporated Firm, Donald J. Weidner
Foreword To Freedom Of Contract And Fiduciary Duty: Organizing The Internal Relations Of The Unincorporated Firm, Donald J. Weidner
Washington and Lee Law Review
No abstract provided.
The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell
The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell
Washington and Lee Law Review
No abstract provided.
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Washington and Lee Law Review
No abstract provided.
Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein
Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein
Washington and Lee Law Review
No abstract provided.
Limited Liability And The Real World, Robert W. Hamilton, Larry E. Ribstein
Limited Liability And The Real World, Robert W. Hamilton, Larry E. Ribstein
Washington and Lee Law Review
No abstract provided.
Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott
Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott
Washington and Lee Law Review
No abstract provided.
Fiduciary Duty, Contract, And Waiver In Partnerships And Limited Liability Companies, Richard A. Booth Marbury Research Professor Of Law
Fiduciary Duty, Contract, And Waiver In Partnerships And Limited Liability Companies, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
Among the controversies swirling around the promulgations of new uniform statutes governing partnerships and LLCs is the question whether and to what extend fiduciary duties should be made mandatory or waivable. Although courts and commentators have not traditionally focused on the costs of fiduciary duties, the costs are significant in that such duties may preclude agents from engaging in other legitimate ventures. Indeed, fiduciary duty may be used by those to whom it is owed to prevent competition or extort side benefits form participants. Mandatory duties effectively require participants who may identify multiple business opportunities to overinvest their human capital …
The Limited Liability Company And The Search For A Bright Line Between Corporations And Partnerships, Richard A. Booth Marbury Research Professor Of Law
The Limited Liability Company And The Search For A Bright Line Between Corporations And Partnerships, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
Despite the potential loss in tax revenue, the Internal Revenue Service (IRS) is making it easier and easier to avoid corporate taxes. Witness the advent of limited liability companies and the proposed "check-the-box" regulations. This article takes a look at the real distinctions between -- and policy supporting -- pass-through and entity level taxation and draws the conclusion that entity level taxation will probably become limited to publicly traded entities only.
"Magnificent Circularity" And The Churkendoose: Llc Members And Federal Employment Law, Daniel S. Kleinberger
"Magnificent Circularity" And The Churkendoose: Llc Members And Federal Employment Law, Daniel S. Kleinberger
Faculty Scholarship
This article seeks to explain under what circumstances federal employment statutes should apply to LLC members. Part I recounts the advent of LLCs and describes the essential characteristics of LLCs and their members. Part II explores how federal employment case law handles the employee vel non question and explains the problems in using that case law to determine whether LLC members are "employees" for federal employment law purposes. Part Ill attempts to make sense of that case law and proposes a rule for determining when a business owner can provide services to the business without becoming an "employee." Part IV …