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Articles 1 - 21 of 21
Full-Text Articles in Law
Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda
Northern Illinois University Law Review
This Note examines two major Supreme Court cases addressing the conflict between federal and state law governing the use of the tender offer. Congress intended to protect the individual shareholder in making a decision whether to tender shares with voting rights, while balancing the legitimate interests of incumbent management and tender offerors. The Court upset this balance by upholding Indiana's Control Shares Acquisition Act as constitutional in the second of these two cases. This Note will highlight the inconsistencies between the cases, explain the present effect of both, and suggest an approach for states considering the adoption of takeover legislation.
The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones
The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones
Dalhousie Law Journal
Mental health law in Canada has traditionally shared many common themes with the mental health law of such other Commonwealth countries as Britain, Australia and New Zealand but is only a distant cousin of the system of mental health law that has emerged in the United States. The existence of an entrenched Bill of Rights in the United States has fashioned a situation in which many major issues relating to the rights of mental health patients have been dealt with as constitutional matters of great import. Consequently, the 1960s and 1970s witnessed a burgeoning of an exciting body of case …
The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia
The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia
Fisheries management papers
In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast. Arrangements under the OCS for West Australian fisheries fall into three catagories: 1. fisheries managed by the State under State law as far seaward as the arrangement specifies. 2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies. 3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies. Eleven of the …
Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk
Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk
Northern Illinois University Law Review
This Article considers the controversy surrounding the governor's power of amendatory veto as provided in the 1970 Constitution, and whether this gives the governor too much power over pending legislation. The Article details the history and debate which led to the inclusion of this provision in the current constitutional document, explores the ways the amendatory veto has been used, and describes the ongoing battle between the legislature and the governor concerning its use. The Article concludes that procedural changes in the manner in which the power is used will result in a better balance between the two branches of government.
Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
A Reexamination Of The Public Purpose Doctrine: Nichols V. South Carolina Research Authority, Arthur L. Coleman
A Reexamination Of The Public Purpose Doctrine: Nichols V. South Carolina Research Authority, Arthur L. Coleman
South Carolina Law Review
No abstract provided.
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Duke Law Journal
This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the history …
Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Granite Rocks And The State's Influence Over Federal Land Use, John D. Leshy, University Of Colorado Boulder. Natural Resources Law Center
Granite Rocks And The State's Influence Over Federal Land Use, John D. Leshy, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
22 p. ; 28 cm
Issues And Trends In Western Water Marketing, Steven J. Shupe, University Of Colorado Boulder. Natural Resources Law Center
Issues And Trends In Western Water Marketing, Steven J. Shupe, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
12 p. ; 28 cm
The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center
The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
22 p. ; 28 cm
The Federal Onshore Oil And Gas Leasing And Reform Act Of 1987, Lyle K. Rising, University Of Colorado Boulder. Natural Resources Law Center
The Federal Onshore Oil And Gas Leasing And Reform Act Of 1987, Lyle K. Rising, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
14 p. ; 28 cm
Integrating Tributary Groundwater Development Into The Prior Appropriation System: The South Platte Experience, Lawrence J. Macdonnell, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute
Integrating Tributary Groundwater Development Into The Prior Appropriation System: The South Platte Experience, Lawrence J. Macdonnell, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute
Books, Reports, and Studies
46 p. : ill., maps ; 28 cm
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
Faculty Publications
No abstract provided.
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
Journal of Law and Health
This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.
Post Smith V. Van Gorkom Director Liability Legislation With A Proactive Perspective, Lynn A. Howell
Post Smith V. Van Gorkom Director Liability Legislation With A Proactive Perspective, Lynn A. Howell
Cleveland State Law Review
The Van Gorkom decision was viewed by many as the catalyst which triggered the dramatic increases in the number of shareholder suits filed, director and officer (hereinafter D & 0) insurance policy cancellations, skyrocketing premiums, and the flight of the outside directors.' Devastating decisions like Van Gorkom could be prevented or at least be of a lesser magnitude if corporate counsel chose to use the proactive approach to corporate representation by employing the techniques of preventive law. The theory is similar to the time honored cliché "an ounce of prevention is worth a pound of cure." This Article will address …
Legislative Enforcement Of Equal Protection, Stephen F. Ross
Legislative Enforcement Of Equal Protection, Stephen F. Ross
Journal Articles
This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …
Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank
Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
Seattle University Law Review
The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability …
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
Articles
In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.