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Full-Text Articles in Law
Restoration Of The Separate Estate From Community Property After The Equal Management Reform: Some Thoughts On Louisiana’S Reimbursement Rules, Cynthia Samuel
Restoration Of The Separate Estate From Community Property After The Equal Management Reform: Some Thoughts On Louisiana’S Reimbursement Rules, Cynthia Samuel
Law and Contemporary Problems
In 1980, Louisiana shifted from husband management to a general rule of equal management of the community property; these rules are more sympathetic to separate reimbursement claims than to safeguarding a spouse's interest in the community property. It is argued that Louisiana's rules on restoration of the separate estate need some revision.
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.
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.