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Full-Text Articles in Law

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan Dec 2011

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan

Wai Yee WAN

Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions …


Teaching Rule Synthesis With Real Cases, Paul F. Figley Oct 2011

Teaching Rule Synthesis With Real Cases, Paul F. Figley

Paul Figley

Rule synthesis is the process of integrating a rule or principle from several cases. It is a skill attorneys and judges use on a daily basis to formulate effective arguments, develop jurisprudence, and anticipate future problems. Teaching new law students how to synthesize rules is a critical component in training them to think like lawyers.

This article suggests how rule synthesis might be taught in one classroom session using real cases. It advocates a three-part approach. First, explain the nature of rule synthesis to the students. Second, do a whimsical exercise with them to show how rule synthesis works. Finally, …


Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson Apr 2011

Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


Contested Meanings: Achievement And Ambition At An Elite Law School, Deborah Waire Post Apr 2011

Contested Meanings: Achievement And Ambition At An Elite Law School, Deborah Waire Post

Deborah W. Post

No abstract provided.


Race, Riots And The Rule Of Law, Deborah Waire Post Apr 2011

Race, Riots And The Rule Of Law, Deborah Waire Post

Deborah W. Post

No abstract provided.


Homecoming: The Ritual Of Writing History, Deborah Post Apr 2011

Homecoming: The Ritual Of Writing History, Deborah Post

Deborah W. Post

No abstract provided.


Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post Apr 2011

Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post

Deborah W. Post

No abstract provided.


The Salience Of Race, Deborah W. Post Apr 2011

The Salience Of Race, Deborah W. Post

Deborah W. Post

No abstract provided.


Preface To The Gateway Thread, Deborah W. Post Apr 2011

Preface To The Gateway Thread, Deborah W. Post

Deborah W. Post

No abstract provided.


Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post Apr 2011

Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post

Deborah W. Post

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post Apr 2011

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post

Deborah W. Post

No abstract provided.


Academic Freedom As Private Ordering: Politics And Professionalism In The 21st Century, Deborah W. Post Apr 2011

Academic Freedom As Private Ordering: Politics And Professionalism In The 21st Century, Deborah W. Post

Deborah W. Post

No abstract provided.


Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post Apr 2011

Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post

Deborah W. Post

No abstract provided.


Cultural Inversion And The One-Drop Rule: An Essay On Biology, Racial Classification, And The Rhetoric Of Racial Transcendence, Deborah W. Post Apr 2011

Cultural Inversion And The One-Drop Rule: An Essay On Biology, Racial Classification, And The Rhetoric Of Racial Transcendence, Deborah W. Post

Deborah W. Post

No abstract provided.


Power And The Morality Of Grading - A Case Study And A Few Critical Thoughts On Grade Normalization, Deborah Waire Post Apr 2011

Power And The Morality Of Grading - A Case Study And A Few Critical Thoughts On Grade Normalization, Deborah Waire Post

Deborah W. Post

No abstract provided.


Which Wave Are You? Comments On The Collected Essays From The Seminar “To Do Feminist Legal Theory”, Deborah W. Post Apr 2011

Which Wave Are You? Comments On The Collected Essays From The Seminar “To Do Feminist Legal Theory”, Deborah W. Post

Deborah W. Post

No abstract provided.


Profit, Progress And Moral Imperatives, Deborah W. Post Apr 2011

Profit, Progress And Moral Imperatives, Deborah W. Post

Deborah W. Post

No abstract provided.


Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar Feb 2011

Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar

Dan Subotnik

No abstract provided.


Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré Feb 2011

Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


Appropriation & Transculturation In The Creation Of Community, Deborah Post Feb 2011

Appropriation & Transculturation In The Creation Of Community, Deborah Post

Deborah W. Post

No abstract provided.


The European Union Readmission Policy After Lisbon, Mariagiulia Giuffré Jan 2011

The European Union Readmission Policy After Lisbon, Mariagiulia Giuffré

Mariagiulia Giuffré

This article conducts a brief historical excursus on the evolution of the EU’s readmission policy through the analysis of readmission agreements, meant as its main legal instruments. The Lisbon Treaty is herein portrayed as an historical watershed in the recognition of both an express competence of the Union with regard to measures aimed to address the readmission of irregular migrants, and a new role of the Parliament entrusted with the fundamental power to be consulted before a readmission agreement is definitively concluded by the Council. Finally, while a scrutiny of the close relationship between national and supranational readmission strategies reveals …


Critical Thoughts About Race, Exclusion, Oppression, And Tenure, Deborah W. Post Jan 2011

Critical Thoughts About Race, Exclusion, Oppression, And Tenure, Deborah W. Post

Deborah W. Post

No abstract provided.


Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe Haddon, Deborah Post Jan 2011

Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe Haddon, Deborah Post

Deborah W. Post

No abstract provided.


Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg Dec 2010

Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

No abstract provided.


Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Matthew R. Lyon, Judy M. Cornett Dec 2010

Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Matthew R. Lyon, Judy M. Cornett

Matthew Lyon

No abstract provided.


Getting A Grip On The Corset: Gender, Sexuality And Patent Law, Kara Swanson Dec 2010

Getting A Grip On The Corset: Gender, Sexuality And Patent Law, Kara Swanson

Kara W. Swanson

No abstract provided.


Teaching Torts With Sports, Adam Epstein Dec 2010

Teaching Torts With Sports, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a pedagogical road map for an alternative way to engage students when arriving at the torts portion of the business law or legal environment course. It is designed to encourage utilizing sports cases and sport-related videos when teaching torts which can be effective and energizing. My research demonstrates that the prominence of sports related tort cases and examples are much more apparent in the negligence and intentional tort categories than in products liability or strict liability. More specifically, an effective way to relate the concept of negligence in sports is in the …


An Exploration Of Interesting Clauses In Sports, Adam Epstein Dec 2010

An Exploration Of Interesting Clauses In Sports, Adam Epstein

Adam Epstein

The purpose of this article is to explore a broad spectrum of some of the more prominent and interesting contract clauses that have worked their way into the practice of law in the business of sport. Many of the examples utilized in this article reflect the fundamental principles of contract law generally. The article explores contract clauses (and in some cases terminations) related to prominent coaches including Jim O'Brien, Kelvin Sampson, Tom Crean and Bruce Pearl. Other clauses explored include baseball's now outdated reserve clause, termination for cause clauses, morals, force majeure, liquidated damages, hazardous activity, best efforts, best interests …


Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland Dec 2010

Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland

Adam Epstein

The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.


Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein Dec 2010

Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein

Adam Epstein

The purpose of this pedagogical piece is to present an opportunity to discuss religion in the context of sports as a means of generating classroom discussion and prompting extra-curricular reading on topics pertaining to business law primarily at the undergraduate level. A discussion of religion and sports provides one avenue to pursue exploration of the free exercise and establishment clauses. Examples are provided in the intercollegiate, interscholastic and professional sport contexts. The article also provides a brief primer on the First Amendment generally, outlining some of the classic Supreme Court cases. The article then discusses a series of cases involving …