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Washington and Lee University School of Law

1999

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Articles 91 - 104 of 104

Full-Text Articles in Law

A Second Redemption?, Bradley W. Joondeph Jan 1999

A Second Redemption?, Bradley W. Joondeph

Washington and Lee Law Review

No abstract provided.


Rethinking Judicial Review Of Director Care, Lyman P.Q. Johnson Jan 1999

Rethinking Judicial Review Of Director Care, Lyman P.Q. Johnson

Scholarly Articles

This article offers an extended critique of the Delaware Supreme Court's unprecedented use of an entire fairness test in a breach of due care setting, as first articulated in Cede & Co. v. Technicolor, Inc. 634 A.2d 345 (Del. 1993) and Cinerama, Inc. v. Technocolor, Inc., 663 A.2d 1156 (Del. 1995). The article then argues for a generalized reasonableness standard for director conduct and for judicially reviewing care claims, thereby providing Delaware law with something it has lacked historically ? a pervasive (yet still streamlined) duty of due care.


Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman Jan 1999

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Scholarly Articles

No abstract provided.


Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner Jan 1999

Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner

Scholarly Articles

None available.


Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner Jan 1999

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

None available.


Recent Case Comment, Inter Medical Supplies, Ltd, V. Ebi Medical Systems, Inc., A. Benjamin Spencer Jan 1999

Recent Case Comment, Inter Medical Supplies, Ltd, V. Ebi Medical Systems, Inc., A. Benjamin Spencer

Scholarly Articles

None available.


A Proposal For Integrating The Income And Transfer Taxation Of Trusts, Robert T. Danforth Jan 1999

A Proposal For Integrating The Income And Transfer Taxation Of Trusts, Robert T. Danforth

Scholarly Articles

Present law fails to integrate the income and transfer (i.e., estate and gift) taxation of trusts; a gratuitous transfer to a trust may be incomplete for income tax purposes (producing a so-called grantor trust, the income of which is taxed to the grantor), but complete for transfer tax purposes. Grantors create trusts that exploit two features of this tax law dichotomy: the grantor's income tax payments on trust income enhance the value of the trust by allowing it to appreciate in value income tax free; and present law provides no basis for subjecting this enhanced value to gift or estate …


Due Process On The "Uncharted Seas Of Irrelevance":T Limiting The Presence Of Victim Impact Evidence At Capital Sentencing After Payne V. Tennessee, Justin D. Flamm Jan 1999

Due Process On The "Uncharted Seas Of Irrelevance":T Limiting The Presence Of Victim Impact Evidence At Capital Sentencing After Payne V. Tennessee, Justin D. Flamm

Washington and Lee Law Review

No abstract provided.


A Tribute To Lewis F. Powell, Jr Jan 1999

A Tribute To Lewis F. Powell, Jr

Washington and Lee Law Review

No abstract provided.


Bequests For Purposes: A Unified Theory, Adam J. Hirsch Jan 1999

Bequests For Purposes: A Unified Theory, Adam J. Hirsch

Washington and Lee Law Review

No abstract provided.


Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson Jan 1999

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.


The Executive Line Item Veto And The Judicial Power To Sever: What's The Difference?, Lars Noah Jan 1999

The Executive Line Item Veto And The Judicial Power To Sever: What's The Difference?, Lars Noah

Washington and Lee Law Review

No abstract provided.


Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram Jan 1999

Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram

Washington and Lee Law Review

No abstract provided.


The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz Jan 1999

The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz

Washington and Lee Law Review

No abstract provided.