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Articles 31 - 49 of 49
Full-Text Articles in Law
Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman
Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman
Law and Contemporary Problems
Passage of the Revised Uniform Partnership Act (RUPA) brought change in the treatment of partnerships as entities rather than aggregates of their members. The nature of the Gordian knot that binds individuals associated in partnership and the lingering ties between individuals formerly associated in partnership are examined, and the hidden costs of continuity that RUPA imposes on withdrawing partners are evaluated.
The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur
The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur
Law and Contemporary Problems
Limited liability company (LLC) laws utilize provisions clearly of partnership origin in varying degrees. The adoption of the Uniform Limited Liability Company Act and the LLC are discussed.
Linking Statutory Forms, Larry E. Ribstein
Linking Statutory Forms, Larry E. Ribstein
Law and Contemporary Problems
Business association statutes may be "linked" in that rules from one statute are applied to a business form created under another statute; for example, the Uniform Partnership Act, the Uniform Limited Partnership Act and the Revised Uniform Limited Partnership Act provide that general partnership provisions apply to limited partnerships. An evaluation of this linkage is presented.
Foreword, J. Dennis Hynes
Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes
Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes
Law and Contemporary Problems
The Revised Uniform Partnership Act of 1994 (RUPA) section 404 establishes a comprehensive definition of partnership fiduciary duties and includes an express recognition of the unique position of a partner. The approach taken by RUPA endorses too great an invasion of the principle of freedom of contract among partners, and a change in the language of RUPA is proposed with the goal of expanding freedom of contract without abandoning the requirement of good faith.
Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore
Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore
Law and Contemporary Problems
A claim for "final accounting" as a partner's exclusive remedy is a traditional rule in partnership law, but this rule can be unfair and inefficient. The evolution of the rules of partnership law away from the love-it-or-leave-it, or "exclusivity," tradition is discussed, and traditional partnership law is compared to domestic relations and to corporate law.
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika F. King
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika F. King
Law and Contemporary Problems
Outpatient commitment of the mentally ill is court-ordered treatment in the community and is usually characterized by short, recurring visits to a mental health clinic that provides treatment such as medication, individual or group therapy, day or part-day activities or supervision of living arrangements. The history and design of the North Carolina preventive commitment scheme and constitutional difficulties with this statute are discussed.
Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott
Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott
Law and Contemporary Problems
Many distinctive consequences of the relationship among partners stem from applicable norms of agency law, but basic agency norms applicable to incorporated businesses are fundamentally different. Agency doctrines that are distinctive to the partnership context are examined, and their consequences and rationales are explored.
Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal
Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal
Law and Contemporary Problems
The contractarian and fiduciary-based positions of the Revised Uniform Partnership Act (RUPA) and the observation that RUPA is internally contradictory and does not consistently adopt either position are discussed. Professor Hynes' discussion of the waivability of fiduciary duties under RUPA is critiqued.
Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner
Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner
Law and Contemporary Problems
The fiduciary duty rules in the Revised Uniform Partnership Act of 1994 (RUPA) are discussed. RUPA represents a major and sufficient move toward a contractarian statement of the law.
Foreword, Robinson O. Everett
United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock
United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock
Law and Contemporary Problems
Bullock proposes that victims of war crimes be permitted to recover against the US government through administrative procedures similar to those of the Foreign Claims Act.
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
Law and Contemporary Problems
Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Law and Contemporary Problems
Spangenberg and Beeman describe the structure and funding of the systems of delivery of legal services to indigent criminal defendents in use at the state level, including assigned counsel, contract attorneys and public defenders.
Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado
Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado
Law and Contemporary Problems
Prado describes the results of a comprehensive study of the federal defender program and concludes that as the federal criminal justice system evolves, the Criminal Justice Act program must adapt to ever-changing conditions.
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Law and Contemporary Problems
No abstract provided.
An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr.
An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr.
Law and Contemporary Problems
Funding for public defender services is woefully inadequate. Ogletree offers some anecdotal advice for public defenders and those designing public defender services.
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.