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Full-Text Articles in Law
Fee-Shifting Bylaw And Charter Provisions: Can They Apply In Federal Court? – The Case For Preemption, John C. Coffee Jr.
Fee-Shifting Bylaw And Charter Provisions: Can They Apply In Federal Court? – The Case For Preemption, John C. Coffee Jr.
Faculty Scholarship
In the first months after a decision of the Delaware Supreme Court upholding a fee-shifting bylaw under which the unsuccessful plaintiff shareholder was required to reimburse all defendants for their legal and other expenses in the litigation, some 24 public companies adopted a similar provision – either by means of a board-adopted bylaw or by placing such a provision in their certificate of incorporation (in the case of companies undergoing an IPO). In effect, private ordering is introducing a one-sided version of the “loser pays” rules. Indeed, as drafted, these provisions typically require a plaintiff who is not completely successful …
Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson
Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
22 pages (includes illustration).
Contains research sources list (pages 1-2).