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Full-Text Articles in Law

Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P. Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett Mcdonnell, Alan J. Meese, Nathan B. Oman Nov 2014

Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P. Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett Mcdonnell, Alan J. Meese, Nathan B. Oman

Lyman P. Q. Johnson

In late August 2014, after suffering a defeat in the Supreme Court Hobby Lobby decision when the Court held that business corporations are “persons” that can “exercise religion,” the Department of Health and Human Services (“HHS”) proposed new rules defining “eligible organizations.” Purportedly designed to accommodate the Hobby Lobby ruling, the proposed rules do not comport with the reasoning of that important decision and they unjustifiably seek to permit only a small group of business corporations to be exempt from providing contraceptive coverage on religious grounds. This comment letter to the HHS about its proposed rules makes several theoretical and …


The Still-Dwindled Revlon, Lyman P.Q. Johnson, Robert Ricca Nov 2014

The Still-Dwindled Revlon, Lyman P.Q. Johnson, Robert Ricca

Lyman P. Q. Johnson

This is a brief Response to Professor Mohsen Manesh’s extensive response to our original article, The Dwindling of Revlon. Our thesis is that today the iconic Revlon doctrine is, remedially, quite substantially diminished. Although Professor Manesh sets out to establish what he calls “the limits of Johnson’s and Ricca’s thesis,” we here maintain, as before, that there is little remedial clout to Revlon unless directors or others very significantly misbehave. We also criticize Delaware’s continuing use of the standard-of-conduct/standard-of-review construct in the fiduciary duty area. This rubric is unhelpful generally and strikingly so in the Revlon setting, as we note.


Law And The History Of Corporate Responsibilities: Corporate Governance, Lyman Johnson Sep 2014

Law And The History Of Corporate Responsibilities: Corporate Governance, Lyman Johnson

Lyman P. Q. Johnson

No abstract provided.


Innovation In Teaching Llcs: Introduction, Lyman P.Q. Johnson Apr 2014

Innovation In Teaching Llcs: Introduction, Lyman P.Q. Johnson

Lyman P. Q. Johnson

No abstract provided.


The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca Apr 2014

The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca

Lyman P. Q. Johnson

No abstract provided.