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Full-Text Articles in Law

Rule 145: Mergers, Acquisitions And Recapitalizations Under The Securities Act Of 1933, Rutheford B. Campbell Jr. Dec 1987

Rule 145: Mergers, Acquisitions And Recapitalizations Under The Securities Act Of 1933, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The most significant occurrence surrounding the adoption of Rule 145 was the repeal by the Securities and Exchange Commission of Rule 133, the conceptually deficient “no sale” rule that had perplexed commentators for years. In Rule 133, the Commission took the position that no offer or sale of a security was involved when, for example, a shareholder of a company to be acquired in a merger (an “acquired company”) voted whether to authorize the merger of the acquired company into an acquiring company (an “acquiring company”) in exchange for stock in the acquiring company. The purpose of this Article is …


Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb Sep 1987

Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb

Law Faculty Scholarly Articles

In 1978 the Cornell Law Review published a Special Project devoted to Article Two commercial warranties. Nine years have since elapsed, and we have decided to update and reassess this important area of the law. We have discovered that although judicial treatment of many aspects of Article Two warranty law has remained stable, in some instances the courts' treatment has progressed and in other instances it has become unclear. This Special Project is our attempt to assemble these changes, interpret the progress, and suggest new lines of analysis to clarify areas of conflict.


The Market For Markets: Development Of International Securities And Commodities Trading, Charles C. Cox, Douglas C. Michael Jul 1987

The Market For Markets: Development Of International Securities And Commodities Trading, Charles C. Cox, Douglas C. Michael

Law Faculty Scholarly Articles

International Linkage of securities exchanges is an idea unheard of not long ago, but whose time has come quickly. Since 1984, five different links have been created between United States securities or commodities exchanges and counterparts abroad. Three other links have been proposed, and several more are being informally discussed. At the same time, financial firms are investing in in-house international trading technology. The exchanges are battling the development of these in-house trading links for the expanding business in international securities and commodities trading, attempting to persuade traders to use linked markets rather than their own internal connections. “Each exchange …


The Influence Of The Model Water Code On Water Resources Management Policy In Florida, Richard C. Ausness Apr 1987

The Influence Of The Model Water Code On Water Resources Management Policy In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

Increasing demands of municipal, industrial, and agricultural water users have taxed existing water supplies in many parts of the Eastern United States. Larger rivers and lakes have not been severely threatened, but recurrent drought conditions in some areas have impaired stream flows and lake levels in smaller watercourses. Groundwater problems have also arisen as more users have turned to groundwater sources to meet water needs. These problems include interference between wells, overdraft of ground- water aquifers, salt water intrusion, and subsidence. Water quality is also a problem in many states. The Florida Legislature has responded to these problems by enacting …


Strict Liability For Chattel Leasing, Richard C. Ausness Jan 1987

Strict Liability For Chattel Leasing, Richard C. Ausness

Law Faculty Scholarly Articles

Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …


Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt Jan 1987

Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt

Law Faculty Scholarly Articles

The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …


Victim Participation In Plea Bargains, Sarah N. Welling Jan 1987

Victim Participation In Plea Bargains, Sarah N. Welling

Law Faculty Scholarly Articles

There is a trend in the criminal law today to focus on the rights of victims. This trend has been manifested in actions by legislatures, courts, the President of the United States and others. Various programs have been implemented to ameliorate the crime victim's experience. For example, many states now provide compensation for victims, and victim/witness assistance programs have sprung up around the country. It has also been suggested that the victim's lot should be improved by granting them a right to participate in the prosecution of the defendant. This article examines whether victims should be accorded a right to …