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Full-Text Articles in Law

Linking Statutory Forms, Larry E. Ribstein Apr 1995

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.


Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman Apr 1995

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.


Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes Apr 1995

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.


Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner Apr 1995

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.


Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott Apr 1995

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.


The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur Apr 1995

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.


Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore Apr 1995

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 Apr 1995

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.


Journal Staff Apr 1995

Journal Staff

Law and Contemporary Problems

No abstract provided.


Federal Defender Services: Serving The System Or The Client, John J. Cleary Jan 1995

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.


United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock Jan 1995

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.


Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman Jan 1995

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.


Foreword, Robinson O. Everett Jan 1995

Foreword, Robinson O. Everett

Law and Contemporary Problems

No abstract provided.


2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen Jan 1995

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."


Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado Jan 1995

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.


An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr. Jan 1995

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.


Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett Jan 1995

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.


Journal Staff Jan 1995

Journal Staff

Law and Contemporary Problems

No abstract provided.


Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody Oct 1994

Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody

Law and Contemporary Problems

The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.


Journal Staff Oct 1994

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst Oct 1994

Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst

Law and Contemporary Problems

The Federal Government relies on private accreditation in lieu of direct public regulation, especially in the fields of health care and education. It is possible that the government hopes to foster pluralism in the regulatory state.


Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost Oct 1994

Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost

Law and Contemporary Problems

The economic and political forces driving the program in which health care institutions accredited by the Joint Commission on Accreditations of Healthcare Organizations are deemed to meet Medicare conditions of participation are examined. The Joint Commission should be more rigorous in the application of its accreditation standards and more accountable to the public.


Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney Oct 1994

Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney

Law and Contemporary Problems

The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.


Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue Oct 1994

Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue

Law and Contemporary Problems

The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.


The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin Oct 1994

The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin

Law and Contemporary Problems

The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.


Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin Oct 1994

Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin

Law and Contemporary Problems

The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.


Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh Oct 1994

Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh

Law and Contemporary Problems

The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.


Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost Oct 1994

Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost

Law and Contemporary Problems

The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.


Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck Oct 1994

Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck

Law and Contemporary Problems

The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.


Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway Oct 1994

Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway

Law and Contemporary Problems

The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.