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The Corporate Fox And The Shareholders’ Hen House: Reflections On Alford V. Shaw, Deborah A. Demott Jan 1986

The Corporate Fox And The Shareholders’ Hen House: Reflections On Alford V. Shaw, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Toward A Functional Approach For Managing Complex Litigation, Francis Mcgovern Jan 1986

Toward A Functional Approach For Managing Complex Litigation, Francis Mcgovern

Faculty Scholarship

No abstract provided.


Beyond Diversity: Federal Multiparty, Multiforum Jurisdiction, Thomas D. Rowe Jr., Kenneth D. Sibley Jan 1986

Beyond Diversity: Federal Multiparty, Multiforum Jurisdiction, Thomas D. Rowe Jr., Kenneth D. Sibley

Faculty Scholarship

No abstract provided.


Rights Against Risks, Christopher H. Schroeder Jan 1986

Rights Against Risks, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Shareholder Litigation In Australia And The United States: Common Problems, Uncommon Solutions, Deborah A. Demott Jan 1986

Shareholder Litigation In Australia And The United States: Common Problems, Uncommon Solutions, Deborah A. Demott

Faculty Scholarship

To what extent should the decisions of companies' directors and controlling shareholders be challenged in litigation brought by disgruntled shareholders? The response in the United States tends to differ from that in Australia and Great Britain and to produce divergent legal rules for the regulation of shareholder litigation. Nonetheless, to some extent these dissimilar legal rules reflect common policy concerns created by shareholder litigation. This article begins with a brief sketch of the development of rules governing shareholder derivative suits. It traces the subsequent evolution of controls imposed on shareholder litigation in each country, using a comparative perspective to illustrate …


Wrong Questions Get Wrong Answers: An Analysis Of Professor Carter’S Approach To Judicial Review, Erwin Chemerinsky Jan 1986

Wrong Questions Get Wrong Answers: An Analysis Of Professor Carter’S Approach To Judicial Review, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Demand In Derivative Actions: Problems Of Interpretation And Function, Deborah A. Demott Jan 1986

Demand In Derivative Actions: Problems Of Interpretation And Function, Deborah A. Demott

Faculty Scholarship

This article explores the question of demand requirements in shareholder derivative litigation. It considers the United States Supreme Court's interpretation of demand requirements under Federal Rule of Civil Procedure 23.1. It then examines states' treatments of demand on directors and demand on other shareholders, explaining that divergent notions of the function of demand understandably affect courts' interpretation of state derivative litigation laws. The article argues that more consistent approaches to the demand requirements would better enable them to fulfill their purposes.


The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt Jr. Jan 1986

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt Jr.

Faculty Scholarship

No abstract provided.


Joint Custody, Feminism And The Dependency Dilemma, Katharine T. Bartlett, Carol B. Stack Jan 1986

Joint Custody, Feminism And The Dependency Dilemma, Katharine T. Bartlett, Carol B. Stack

Faculty Scholarship

No abstract provided.


Consensus And Objectivity In Early Constitutional Interpretation: An Unproven Thesis (Book Review), H. Jefferson Powell Jan 1986

Consensus And Objectivity In Early Constitutional Interpretation: An Unproven Thesis (Book Review), H. Jefferson Powell

Faculty Scholarship

Reviewing Christohper Wolfe, The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law (1986)


The Lithotripsy Game In North Carolina: A New Technology Under Regulation And Deregulation, Clark C. Havighurst, Robert S. Mcdonough Jan 1986

The Lithotripsy Game In North Carolina: A New Technology Under Regulation And Deregulation, Clark C. Havighurst, Robert S. Mcdonough

Faculty Scholarship

No abstract provided.


Reaching The Limits Of Traditional Constitutional Scholarship (Book Review), H. Jefferson Powell Jan 1986

Reaching The Limits Of Traditional Constitutional Scholarship (Book Review), H. Jefferson Powell

Faculty Scholarship

Reviewing Laurence H. Tribe, Constitutional Choices (1985)


Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley Jan 1986

Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.


The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis Jan 1986

The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis

Faculty Scholarship

There are sound public policy reasons for considering a reform of state laws concerning commitment of insanity acquittees. A balanced system of special commitment can protect the public safety and, at the same time, give acquittees a fair hearing on their current mental condition and continuing need for confinement. Special commitment can also insulate general commitment laws from political pressures that can arise from the prospect of the possible release of notorious insanity acquittees. Several of the recently proposed model reforms, however, have features that commend them to the attention of state legislators. The Oregon model of using a Psychiatric …


Principles In Legislation, Geoffrey C. Hazard, Jr. Jan 1986

Principles In Legislation, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.


Rising Above Principle, Geoffrey C. Hazard Jr. Jan 1986

Rising Above Principle, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


The Case For Parallel Importation, Rory K. Little, Jamie S. Gorelick Jan 1986

The Case For Parallel Importation, Rory K. Little, Jamie S. Gorelick

Faculty Scholarship

No abstract provided.


Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken Jan 1986

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.


Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul Jan 1986

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul

Faculty Scholarship

No abstract provided.


The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman Jan 1986

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman

Faculty Scholarship

No abstract provided.


The Suspect As A Source Of Testimonial Evidence: A Comparison With The English Approach, Gordon Van Kessel Jan 1986

The Suspect As A Source Of Testimonial Evidence: A Comparison With The English Approach, Gordon Van Kessel

Faculty Scholarship

No abstract provided.


Some Arguments That The Stock Market Is Not Efficient, William K.S. Wang Jan 1986

Some Arguments That The Stock Market Is Not Efficient, William K.S. Wang

Faculty Scholarship

No abstract provided.


Professor William J. Riegger–A Man Who Had A Gift With People, James R. Mccall Jan 1986

Professor William J. Riegger–A Man Who Had A Gift With People, James R. Mccall

Faculty Scholarship

No abstract provided.


The Joys Of Law Library Management Are Without Number, Jenni Parrish Jan 1986

The Joys Of Law Library Management Are Without Number, Jenni Parrish

Faculty Scholarship

No abstract provided.


An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger Jan 1986

An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger

Faculty Scholarship

This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework …


State Law Wrongs, State Law Remedies, And The Fourteenth Amendment, Henry Paul Monaghan Jan 1986

State Law Wrongs, State Law Remedies, And The Fourteenth Amendment, Henry Paul Monaghan

Faculty Scholarship

Parratt v. Taylor is among the most puzzling Supreme Court decisions of the last decade, and the lower federal courts have been thrown into considerable confusion in their efforts to implement it. In large part, this confusion stems from the fact that Parratt decided two independent points: first, the negligent loss or destruction of property by state officials could constitute a "deprivation" thereof for purposes of the due process clause of the fourteenth amendment; and second, the existence of an adequate state remedy to redress the wrong meant that the deprivation was not "without due process of law." In this …


The Interpretation Of Means Expressions During Prosecution, R. Carl Moy Jan 1986

The Interpretation Of Means Expressions During Prosecution, R. Carl Moy

Faculty Scholarship

This article briefly explains how the scope of a claim including a means expression is determined both under the PTO view and a strict application of the statutory language. The lack of consensus and current state of the law in the area are illustrated through an analysis of several recent decisions of the Federal Circuit. The policies underlying the PTO and statutory methods of interpreting means expressions during prosecution are examined in an effort to demonstrate that the statutory method more effectively furthers the policies underlying the patent system.


The Forgotten Era, David S. Bogen Jan 1986

The Forgotten Era, David S. Bogen

Faculty Scholarship

No abstract provided.


Jurisprudence And Legal Philosophy In Twentieth-Century America - Major Themes And Developments, Martin P. Golding Jan 1986

Jurisprudence And Legal Philosophy In Twentieth-Century America - Major Themes And Developments, Martin P. Golding

Faculty Scholarship

No abstract provided.


Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince Jan 1986

Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince

Faculty Scholarship

Due to the expanding role of agencies within the Executive branch at both the state and federal level, legislatures are struggling to fulfill their obligation to hold agencies accountable and to modify legislative mandates when necessary. In order for the legislature to fulfill this obligation, it must have the capability to exercise policy formation and oversight goals. This Article will first examine the need for legislative oversight and the legislative oversight mechanism in Minnesota. Next, the Article discusses the legislative controls currently being used at the federal and state level. Executive control mechanisms and their possible use by a legislature …