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Articles 31 - 60 of 207
Full-Text Articles in Legislation
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
Florida Law Review
On October 21, 1986, a two-month-old baby girl was admitted to a hospital in Pasco County, Florida. Baby Christina Ann Wells was unresponsive, was suffering from seizures, and needed assistance to breathe. Doctors observed large bruises on Christina’s head, including thumbprints on her tiny face. She had broken ribs, and the soft spot on her skull was noticeably bulging. Doctors likened some of Christina’s injuries to those commonly seen in drowning victims. However, Christina had not drowned; doctors determined that Christina’s bruises and the swelling on her brain were caused either by being shaken or by having her oxygen supply …
Confusion And Upredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann Scarlett
Confusion And Upredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann Scarlett
Florida Law Review
The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts’ response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts’ response to the recent scandals
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Florida Law Review
Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, publicschool officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …
The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch
The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch
Pepperdine Law Review
No abstract provided.
Interpreting Nonshareholder Constituency Statutes, Stephen M. Bainbridge
Interpreting Nonshareholder Constituency Statutes, Stephen M. Bainbridge
Pepperdine Law Review
No abstract provided.
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
Pepperdine Law Review
No abstract provided.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
Indopco, Inc. V. Commissioner: National Starch Isn't The Only One "Stiffed" By The Supreme Court's Decision, Jeffrey Gates Davis
Indopco, Inc. V. Commissioner: National Starch Isn't The Only One "Stiffed" By The Supreme Court's Decision, Jeffrey Gates Davis
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Pepperdine Law Review
No abstract provided.
Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller
Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller
Pepperdine Law Review
No abstract provided.
Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos
Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos
Pepperdine Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Pepperdine Law Review
No abstract provided.
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Pepperdine Law Review
No abstract provided.
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Pepperdine Law Review
No abstract provided.
The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison
The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison
Pepperdine Law Review
No abstract provided.
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
Pepperdine Law Review
No abstract provided.
How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers
How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers
Pepperdine Law Review
No abstract provided.
Proposed Legislation Concerning A Lawyer's Duty Of Confidentiality, Roger C. Cramton
Proposed Legislation Concerning A Lawyer's Duty Of Confidentiality, Roger C. Cramton
Pepperdine Law Review
No abstract provided.
United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen
United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen
Pepperdine Law Review
No abstract provided.
Administrative Law, John Paul Jones, Afsana Chowdhury
Administrative Law, John Paul Jones, Afsana Chowdhury
University of Richmond Law Review
What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.
Election Law, Christopher R. Nolen, Jeff Palmore
Election Law, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …
Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace
Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace
University of Richmond Law Review
No abstract provided.
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
University of Richmond Law Review
No abstract provided.
Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer
Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer
Pepperdine Law Review
No abstract provided.
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Pepperdine Law Review
No abstract provided.
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Pepperdine Law Review
No abstract provided.