Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 5 of 5
Full-Text Articles in Law
Right Of First Refusal And The Package Deal, Bernard Daskal
Right Of First Refusal And The Package Deal, Bernard Daskal
Fordham Urban Law Journal
A persistent problem in right-of-first-refusal jurisprudence has been the effect of an acceptable third-party offer for a package of properties, a portion of which is burdened. In determining the effect of such package deals, courts have primarily relied on principles related to the nature and operation of rights of first refusal. Unfortunately, this approach has led different courts to reach disparate and inconsistent results.The problems posed by the package deal, of course, could be remedied by the parties themselves through a provision addressing the effect of such a transaction on the rightholder's privilege. The provision would answer whether the package …
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Fordham Urban Law Journal
This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.
Insiders, Options And The Fiduciary Principle: A Rule 10b-5 Loophole, Eric B. Lesser
Insiders, Options And The Fiduciary Principle: A Rule 10b-5 Loophole, Eric B. Lesser
Fordham Urban Law Journal
This Note analyzes transactions involving the purchase and sale of option contracts by an insider possessing material nonpublic information to determine whether the insider violates section 10(b) or Rule 10(b)(5). This Note presents an overview of the framework of Rule 10(b)(5) and, in particular, its enforcement in insider trading cases, and then examines the differing views espoused by courts regarding the duty of disclosure. A general discussion of options and the options market is then provided. Finally, this Note illustrates the loophole by presenting a typical options scenario and then suggests applications of insider trading law the effectively closes the …
Architectural Malpractice: Toward An Equitable Rule For Determining When The Statute Of Limitations Begins To Run, Jeffrey R. Cruz
Architectural Malpractice: Toward An Equitable Rule For Determining When The Statute Of Limitations Begins To Run, Jeffrey R. Cruz
Fordham Urban Law Journal
In the past thirty years, the architectural profession has been characterized by dramatic changes in both its legal liabilities and in its relationship with other members of the construction industry. With the recent abrogation of the privity doctrine, strangers to architectural contracts may now sue in tort and architects inevitably find themselves in a multitude of lawsuits. This Note discusses the contractual nature of the owner/architect relationship and the judicial attempts to analogize to relationships in other professions, and then considers the prevailing judicial theories as to when a cause of action accrues against architects and against professionals in general. …
Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy
Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy
Fordham Urban Law Journal
Plaintiff Dolores Smith appealed from a judgment in a favor of the Westland Life Insurance Company after a nonjury trial. Mrs. Smith, as the widow and administratrix of the estate of her husband, sought recovery of $10,000 under a temporary life insurance contract. Mr. Smith had paid the first month’s premium and received a conditional receipt, also known as a binder or a binding receipt, from a soliciting agent of Westland on April 8, 1963. However, due to the hazardous nature of Smith’s employment as a railroad laborer, Westland issued him a modified policy, with increased premiums, on April 24. …