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Articles 1441 - 1470 of 4157
Full-Text Articles in Law
“It’S Just Not Right”: The Ethics Of Insider Trading, Kim Lane Scheppele
“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
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absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn.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
Defining The Right To Die, David M. English
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
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.
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
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
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
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
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
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.
Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews
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
Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott
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
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
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
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
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
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
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.
Foreword, Deborah A. Demott
Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox
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
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
“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
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.
Foreword, James D. Cox
Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser
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.