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Full-Text Articles in Law

“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele Jul 1993

“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele

Law and Contemporary Problems

The Supreme Court doctrine defining insider trading and a competing theory called the misappropriation theory are criticized, focusing on the case of "United States vs Chestman." A counter-argument is presented.


Death By Default, James Lindgren Jul 1993

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.


Defining The Right To Die, David M. English Jul 1993

Defining The Right To Die, David M. English

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen Apr 1993

Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen

Law and Contemporary Problems

No abstract provided.


Foreword, William A. Reppy Jr. Apr 1993

Foreword, William A. Reppy Jr.

Law and Contemporary Problems

No abstract provided.


Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight Apr 1993

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.


Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham Apr 1993

Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham

Law and Contemporary Problems

The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.


Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg Apr 1993

Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg

Law and Contemporary Problems

A generally accepted economic and accounting definition of goodwill is presented. Divorce-related issues of goodwill are discussed.


Restoration Of The Separate Estate From Community Property After The Equal Management Reform: Some Thoughts On Louisiana’S Reimbursement Rules, Cynthia Samuel Apr 1993

Restoration Of The Separate Estate From Community Property After The Equal Management Reform: Some Thoughts On Louisiana’S Reimbursement Rules, Cynthia Samuel

Law and Contemporary Problems

In 1980, Louisiana shifted from husband management to a general rule of equal management of the community property; these rules are more sympathetic to separate reimbursement claims than to safeguarding a spouse's interest in the community property. It is argued that Louisiana's rules on restoration of the separate estate need some revision.


The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch Apr 1993

The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch

Law and Contemporary Problems

Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.


Journal Staff Apr 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews Apr 1993

Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews

Law and Contemporary Problems

The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.


Foreword, Deborah A. Demott Jan 1993

Foreword, Deborah A. Demott

Law and Contemporary Problems

No abstract provided.


Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott Jan 1993

Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott

Law and Contemporary Problems

The distinctive Canadian contribution to the resolution of conflict among shareholders and of conflict between nonshareholder constituents--such as creditors--and persons controlling a corporation, typically its shareholders and directors, is examined with respect to comparable US judicial remedies.


Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter Jan 1993

Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter

Law and Contemporary Problems

It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.


Nibbling On The Chancellor’S Toesies: A “Roguish” Concurrence With Professor Baxter, Keith R. Fisher Jan 1993

Nibbling On The Chancellor’S Toesies: A “Roguish” Concurrence With Professor Baxter, Keith R. Fisher

Law and Contemporary Problems

No abstract provided.


Erisa And The Limits Of Equity, Norman Stein Jan 1993

Erisa And The Limits Of Equity, Norman Stein

Law and Contemporary Problems

The extent to which the Employee Retirement Income Security Act (ERISA) is a statute that sounds in equity is considered. It is argued that Congress should revisit basic issues of benefits policy for which judicial reliance has not furnished fully considered answers.


Pensions And Passivity, Gregory S. Alexander Jan 1993

Pensions And Passivity, Gregory S. Alexander

Law and Contemporary Problems

The corporate pension system as a mode of owning pooled capital is examined as a new stage of passive ownership. Passive ownership disaggregates beneficial property rights away from ownership's control and management functions.


Comment: Passions And Passivity, Bruce A. Wolk Jan 1993

Comment: Passions And Passivity, Bruce A. Wolk

Law and Contemporary Problems

Gregory S. Alexander's argument that pension funds, which are passively owned, can act as a device for achieving workplace democracy is criticized. It is argued that Alexander places the wrong emphasis on the relationship between property ownership and public responsibility.


The Utilization Of Caveat Emptor In Cercla Private Party Cleanups, Michael Andrew O'Hara Jan 1993

The Utilization Of Caveat Emptor In Cercla Private Party Cleanups, Michael Andrew O'Hara

Law and Contemporary Problems

The applicability of equitable defenses in private party Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) actions is discussed. The "caveat emptor" defense is available for courts to use at their discretion, and holding a purchaser responsible for the property he or she purchases is economically and equitably beneficial.


Journal Staff Jan 1993

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, Deborah A. Demott Jan 1993

Foreword, Deborah A. Demott

Law and Contemporary Problems

No abstract provided.


Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox Oct 1992

Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox

Law and Contemporary Problems

A unique perspective on the concerns posed by the internationalization of US securities markets is offered. A set of principles is developed that can guide US policymakers in reaching agreement with other nations on the minimum content of all nations' securities laws.


The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman Oct 1992

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman

Law and Contemporary Problems

It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.


“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner Oct 1992

“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner

Law and Contemporary Problems

One of the hallmarks of the European Commission's single market program is the removal of Member State barriers to the provision of financial services throughout the EC. The goal is to make a broad spectrum of banking, securities and insurance services available for everyone. The application of the mutual recognition approach is discussed.


The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs Oct 1992

The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs

Law and Contemporary Problems

In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.


Journal Staff Oct 1992

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, James D. Cox Oct 1992

Foreword, James D. Cox

Law and Contemporary Problems

No abstract provided.


Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser Oct 1992

Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser

Law and Contemporary Problems

One aspect of the EC's proposed Investment Services Directive (ISD) is examined: the potential impact of the ISD on the automation of the European securities markets.