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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
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
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.
Erisa And The Limits Of Equity, Norman Stein
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
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
Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter
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
Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott
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
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
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
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.