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The Public And Private Faces Of Derivative Lawsuits, Robert B. Thompson, Randall S. Thomas
The Public And Private Faces Of Derivative Lawsuits, Robert B. Thompson, Randall S. Thomas
Vanderbilt Law Review
Are shareholder derivative suits at death's door? Once described as "the most important procedure the law has yet developed to police the internal affairs of corporations,"' derivative suits are today regularly portrayed as nuisance suits whose "principal beneficiaries ... are attorneys." Even if these critics are wrong, there may now be less need for derivative suits, as other forms of representative suits have grown up that do much of their work. Federal securities fraud class actions increasingly address legal claims that raise issues about management care, and fiduciary duty class actions under state law are the principal litigation vehicle to …
Book Reviews, Daniel H. Benson, Maxwell Bloomfield, Donald E. Schwartz
Book Reviews, Daniel H. Benson, Maxwell Bloomfield, Donald E. Schwartz
Vanderbilt Law Review
THEY CALL IT JUSTICE: COMMAND INFLUENCE AND THE COURT-MARTIAL SYSTEM. By Luther C. West. New York: The Viking Press, 1977. Pp.xii, 302. $12.95.
Reviewed by Daniel H. Benson
In his book West is dealing with a subject that is difficult to discuss without generating hostility, misunderstanding, and, occasionally, incredulity. He is attacking the classic military understanding of the basic purpose of the court-martial system. He asks the reader to accept his word and assurances concerning the accuracy of the problems he describes, over the assurances of the military justice establishment that all is well. In doing all of this, West …