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Full-Text Articles in Law
Constitutional Equity And The Innovative Tradition, William T. Quillen
Constitutional Equity And The Innovative Tradition, William T. Quillen
Law and Contemporary Problems
It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.
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.
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.