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Articles 1 - 15 of 15
Full-Text Articles in Law
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
The Low Road To Cy Pres Reform: Principled Practice To Remove Dead Hand Control Of Charitable Assets, Rob Atkinson
The Low Road To Cy Pres Reform: Principled Practice To Remove Dead Hand Control Of Charitable Assets, Rob Atkinson
Scholarly Publications
No abstract provided.
Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces
Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces
Scholarly Publications
No abstract provided.
All In The Family As Single Shareholder Of An S Corporation, Jeffrey H. Kahn, Douglas H. Kahn, Terrence G. Perris
All In The Family As Single Shareholder Of An S Corporation, Jeffrey H. Kahn, Douglas H. Kahn, Terrence G. Perris
Scholarly Publications
No abstract provided.
Tax Magic: Did Billy Donovan Pull Income Out Of A Hat?, Jeffrey H. Kahn, Joshua P. Fershee
Tax Magic: Did Billy Donovan Pull Income Out Of A Hat?, Jeffrey H. Kahn, Joshua P. Fershee
Scholarly Publications
No abstract provided.
Hyperbolic Criminals And Repeated Time-Inconsistent Misconduct, Manuel A. Utset
Hyperbolic Criminals And Repeated Time-Inconsistent Misconduct, Manuel A. Utset
Scholarly Publications
No abstract provided.
Note, Searching For Balance In The Aftermath Of The 2006 Takings Initiatives, Hannah J. Wiseman
Note, Searching For Balance In The Aftermath Of The 2006 Takings Initiatives, Hannah J. Wiseman
Scholarly Publications
The partial regulatory takings movement seeks to compensate private landowners when regulations diminish their land values. This movement has grown in recent years, particularly at the state level. Scholars have focused thus far on the cost of compensation and its effect on the regulations that governments enact or enforce. In addition to exploring those concerns, this Note argues that partial regulatory takings regimes threaten to constrain residents’ ability to influence their communities’ growth and character. The greatest impact could fall on low-income communities, many of which contain disproportionate levels of undesirable land uses and lack adequate financial resources to influence …
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Moving Toward A Federal Law Of Corporate Governance In Bankruptcy, Kelli A. Alces
Moving Toward A Federal Law Of Corporate Governance In Bankruptcy, Kelli A. Alces
Scholarly Publications
No abstract provided.
Is There A Possible Role For Regulatory Enforcement In The Effort To Value, Protect, And Restore Ecosystem Services?, David Markell
Is There A Possible Role For Regulatory Enforcement In The Effort To Value, Protect, And Restore Ecosystem Services?, David Markell
Scholarly Publications
No abstract provided.
State Criminal Justice And The Challenge Of Ex-Offender Mobility, Wayne A. Logan
State Criminal Justice And The Challenge Of Ex-Offender Mobility, Wayne A. Logan
Scholarly Publications
No abstract provided.
Citizen-Friendly Approaches To Environmental Governance, David Markell
Citizen-Friendly Approaches To Environmental Governance, David Markell
Scholarly Publications
Numerous commentators have urged that government increase opportunities for citizen participation as a way to advance a variety of public policy goals (enhancing government legitimacy, promoting more informed government decisions, etc.). In this Article, David L. Markell explores the experience of an international decisionmaking process that relies heavily on citizen participation, the Commission for Environmental Cooperation’s (CEC) citizen submissions process, through the lens of the procedural justice literature, which seeks to understand the reasons why citizens are satisfied with decisionmaking processes. He offers some thoughts about the design and operation of the CEC process in terms of its effectiveness in …
Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan
Scholarly Publications
This article explores tensions between the underlying values of federalism that come into conflict when either the federal or State governments regulate within the interjurisdictional gray area that simultaneously implicates important local and national concerns. The piece takes the example of the failed response to Hurricane Katrina to illustrate the conflict between federalism values that arise within this realm, and how the New Federalism's strict separationist model of dual sovereignty inhibits effective governance in interjurisdictional contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the article identifies a problem-solving value inherent in the capacity requirement of American …
Tax Consequences When A New Employer Bears The Cost Of The Employee's Terminating A Prior Relationship, Jeffrey H. Kahn, Douglas A. Kahn
Tax Consequences When A New Employer Bears The Cost Of The Employee's Terminating A Prior Relationship, Jeffrey H. Kahn, Douglas A. Kahn
Scholarly Publications
No abstract provided.
Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein
Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein
Scholarly Publications
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have special duties to creditors. This follows from the nature of fiduciary duties and the business judgment rule. Under the business judgment rule, the directors have broad discretion to decide what to do and in whose interests to act. There is some authority for a limited creditor right to sue on behalf of the corporation to enforce this duty. However, any such right does not make the duty one owed to creditors. The creditors individually may sue the corporation for breach of specific contractual, tort, and …