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Articles 31 - 44 of 44

Full-Text Articles in Law

The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch Apr 1993

The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch

Law and Contemporary Problems

Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.


Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg Apr 1993

Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg

Law and Contemporary Problems

A generally accepted economic and accounting definition of goodwill is presented. Divorce-related issues of goodwill are discussed.


Foreword, William A. Reppy Jr. Apr 1993

Foreword, William A. Reppy Jr.

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Erisa And The Limits Of Equity, Norman Stein Jan 1993

Erisa And The Limits Of Equity, Norman Stein

Law and Contemporary Problems

The extent to which the Employee Retirement Income Security Act (ERISA) is a statute that sounds in equity is considered. It is argued that Congress should revisit basic issues of benefits policy for which judicial reliance has not furnished fully considered answers.


Pensions And Passivity, Gregory S. Alexander Jan 1993

Pensions And Passivity, Gregory S. Alexander

Law and Contemporary Problems

The corporate pension system as a mode of owning pooled capital is examined as a new stage of passive ownership. Passive ownership disaggregates beneficial property rights away from ownership's control and management functions.


Foreword, Deborah A. Demott Jan 1993

Foreword, Deborah A. Demott

Law and Contemporary Problems

No abstract provided.


Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter Jan 1993

Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter

Law and Contemporary Problems

It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.


Foreword, Deborah A. Demott Jan 1993

Foreword, Deborah A. Demott

Law and Contemporary Problems

No abstract provided.


Journal Staff Jan 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott Jan 1993

Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott

Law and Contemporary Problems

The distinctive Canadian contribution to the resolution of conflict among shareholders and of conflict between nonshareholder constituents--such as creditors--and persons controlling a corporation, typically its shareholders and directors, is examined with respect to comparable US judicial remedies.


Nibbling On The Chancellor’S Toesies: A “Roguish” Concurrence With Professor Baxter, Keith R. Fisher Jan 1993

Nibbling On The Chancellor’S Toesies: A “Roguish” Concurrence With Professor Baxter, Keith R. Fisher

Law and Contemporary Problems

No abstract provided.


The Utilization Of Caveat Emptor In Cercla Private Party Cleanups, Michael Andrew O'Hara Jan 1993

The Utilization Of Caveat Emptor In Cercla Private Party Cleanups, Michael Andrew O'Hara

Law and Contemporary Problems

The applicability of equitable defenses in private party Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) actions is discussed. The "caveat emptor" defense is available for courts to use at their discretion, and holding a purchaser responsible for the property he or she purchases is economically and equitably beneficial.


Comment: Passions And Passivity, Bruce A. Wolk Jan 1993

Comment: Passions And Passivity, Bruce A. Wolk

Law and Contemporary Problems

Gregory S. Alexander's argument that pension funds, which are passively owned, can act as a device for achieving workplace democracy is criticized. It is argued that Alexander places the wrong emphasis on the relationship between property ownership and public responsibility.