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“Profit, People, Planet” Perverted: Holding Benefit Corporations Accountable To Intended Beneficiaries, Michael A. Hacker 2016 Boston College Law School

“Profit, People, Planet” Perverted: Holding Benefit Corporations Accountable To Intended Beneficiaries, Michael A. Hacker

Boston College Law Review

For-profit social entrepreneurship is a steadily growing movement. As part of this movement, numerous states have enacted legislation authorizing the incorporation of benefit corporations, a new for-profit corporate form. In addition to generating profit for shareholders, benefit corporations must “create” a “public benefit.” The mandate that a for-profit corporation pursue a humanitarian cause in addition to generating profit is a significant departure from shareholder primacy: the maxim that the sole purpose of a corporation is to generate return on investment for its shareholders. Although this legislation is a necessary and progressive evolution in corporate law, the current benefit corporation form ...


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo 2016 Unza School of Law

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.


Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr. 2016 University of Southern California Law

Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.

Faculty Scholarship

This paper articulates a framework both for assessing the various government bailouts that took place at the onset of Great Recession and for guiding future rescue efforts when they become necessary. The goals for those engineering a bailout should be to be as transparent as possible, to articulate clearly the reason for the intervention, to respect existing priorities among investors, to exercise control only at the top level where such efforts can be seen by the public, and to exit as soon as possible. By these metrics, some of the recent bailouts should be applauded, while others fell short. We ...


Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff 2016 University of Michigan Law School

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Nancy D. Polikoff

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.


Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster 2016 American University, Washington College of Law

Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster

Fernanda G Nicola

No abstract provided.


Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder 2016 Indiana University School of Law - Bloomington

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder

David Snyder

No abstract provided.


Ancient Law And Modern Eyes, David V. Snyder 2016 Indiana University School of Law - Bloomington

Ancient Law And Modern Eyes, David V. Snyder

David Snyder

No abstract provided.


Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt 2016 St. John's University School of Law

Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.


Leap Of Faith: Determining The Standard Of Faith Needed To Violate The Implied Covenant Of Good Faith And Fair Dealing For Delaware Limited Liability Companies, Pat Andriola 2016 Davis Polk & Wardwell LLP

Leap Of Faith: Determining The Standard Of Faith Needed To Violate The Implied Covenant Of Good Faith And Fair Dealing For Delaware Limited Liability Companies, Pat Andriola

Boston College Law Review

Delaware courts have long respected the right to contract in Delaware, and possibly no entity is afforded more privileges to set the boundaries of its corporate form than the Delaware Limited Liability Company. Unlike nearly every other state, Delaware permits LLCs to abolish the duties of care and loyalty in their operating agreements, but forbids companies to eliminate liability for “any act or omission that constitutes a bad faith violation of the implied contractual covenant of good faith and fair dealing.” The problem with the phrase “bad faith violation” is that, when referencing a breach of the implied covenant of ...


Amendment Creep, Jonathan L. Marshfield 2016 University of Arkansas School of Law

Amendment Creep, Jonathan L. Marshfield

Michigan Law Review

To most lawyers and judges, constitutional amendment rules are nothing more than the technical guidelines for changing a constitution’s text. But amendment rules contain a great deal of substance that can be relevant to deciding myriad constitutional issues. Indeed, judges have explicitly drawn on amendment rules when deciding issues as far afield as immigration, criminal procedure, free speech, and education policy. The Supreme Court, for example, has reasoned that, because Article V of the U.S. Constitution places no substantive limitations on formal amendment, the First Amendment must protect even the most revolutionary political viewpoints. At the state level ...


Hearsay And The Confrontation Clause, Lynn McLain 2016 University of Baltimore School of Law

Hearsay And The Confrontation Clause, Lynn Mclain

All Faculty Scholarship

This speech was delivered to the Wicomico Co. Bar Association on October 28th, 2016. It is an updated version of the 2012 speech, available at http://scholarworks.law.ubalt.edu/all_fac/924/ .

Overview: Only an out-of-court statement ("OCS") offered for the truth of the matter that was being asserted by the out-of-court declarant ("declarant") at the time when s/he made the OCS ("TOMA") = hearsay ("HS"). If evidence is not HS, the HS rule cannot exclude it. The Confrontation Clause also applies only to HS, but even then, only to its subcategory comprising "testimonial hearsay." Cross-references to "MD-EV" are to ...


Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric 2016 Seattle University School of Law

Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric

Seattle University Law Review

Criminal sanctions are a necessary and appropriate response to crime. But extremism, especially when coupled with a slavish and unthinking adherence to traditional practices, nearly always produces unfortunate consequences. Such is the case with the rapid growth in prison numbers in the United States over the past two decades. The prime purpose of imprisonment is to punish serious offenders and to prevent them from reoffending during the period of detention. The overuse of imprisonment has resulted in the violation of the most cardinal moral prohibition associated with imprisonment: punishing the innocent. The runaway cost of the prison budget has resulted ...


Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer 2016 Seattle University School of Law

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Seattle University Law Review

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain ...


Site-Specific Laws, John Copeland Nagle 2016 Notre Dame Law School

Site-Specific Laws, John Copeland Nagle

John Copeland Nagle

No abstract provided.


First Conviction Under New York Barratry Statute, 2016 St. John's University School of Law

First Conviction Under New York Barratry Statute

The Catholic Lawyer

No abstract provided.


Homosexuality - A New Ground For Annulment?, 2016 St. John's University School of Law

Homosexuality - A New Ground For Annulment?

The Catholic Lawyer

No abstract provided.


Gambling Contract Not Violative Of Public Policy, 2016 St. John's University School of Law

Gambling Contract Not Violative Of Public Policy

The Catholic Lawyer

No abstract provided.


Comment: The Attorney's Dilemma - Practice Of Law In A Foreign State, 2016 St. John's University School of Law

Comment: The Attorney's Dilemma - Practice Of Law In A Foreign State

The Catholic Lawyer

No abstract provided.


Note: Separation Agreements And New York Public Policy, 2016 St. John's University School of Law

Note: Separation Agreements And New York Public Policy

The Catholic Lawyer

No abstract provided.


Note: The New York "Good Samaritan Act", 2016 St. John's University School of Law

Note: The New York "Good Samaritan Act"

The Catholic Lawyer

No abstract provided.


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