Law Commons^™

The Federal Parole Decision And The Discretionary Function Exception, Julie Hills

Duke Law Journal

No abstract provided.

The Power Struggle Between Shareholders And Directors: The Demand Requirement In Derivative Suits, Tamar Frankel, Wayne M. Barsky

Faculty Scholarship

This article examines the demand shareholders must make on a corporation's board of directors prior to bringing a derivative suit. ... Presented with the question of whether the court would give effect to a decision of a committee of disinterested directors to terminate a shareholder derivative suit alleging directors' breach of fiduciary duties, the court ruled that even if the special committee was truly disinterested and independent, "[t]he Court should determine, applying its own independent business judgment, whether the [corporation's] motion [to dismiss the derivative action] should be granted." ... A derivative suit is one of the means for conducting …

Construction Management And Design-Build: An Owner’S Experience In The Public Sector, David R. Dibner

Law and Contemporary Problems

No abstract provided.

Contracting For Construction Management Services, Richard D. Conner

Law and Contemporary Problems

No abstract provided.

The Architectural Profession Responds To Construction Management And Design-Build: The Spotlight On Aia Documents, Justin Sweet

Law and Contemporary Problems

No abstract provided.

Construction Management And Design-Build/Fast Track Construction: A Solution Which Uncovers A Problem For The Surety, C. A. Foster

Law and Contemporary Problems

No abstract provided.

New Construction Methods And New Roles For Engineers, Milton F. Lunch

Law and Contemporary Problems

No abstract provided.

Afterword: Contracts And Uncertainty, Walter F. Pratt Jr.

Law and Contemporary Problems

No abstract provided.

The Impact Of Fast Track Construction And Construction Management On Subcontractors, William R. Squires Iii, Michael J. Murphy

Law and Contemporary Problems

No abstract provided.

Allocation Of Risk In The Construction Industry: The Nonprofessional Owner And His Construction Manager

Law and Contemporary Problems

No abstract provided.

Construction Management And The Specialty Trade (Prime) Contractors, John B. Tieder Jr., Robert K. Cox

Law and Contemporary Problems

No abstract provided.

Tohono O'Odham Water Rights Settlement Act Of 1982, Title Iii, United States 97th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title III, Congressional Findings of A 1982 Act To authorize the Secretary of the Interior to construct, operate, and maintain modifications of the existing Buffalo Bill Dam and Reservoir, Shoshone project, Pick-Sloan Missouri Basin program, Wyoming, and for other purposes, PL 97-293, 96 Stat. 1261, 1274 (Oct. 12, 1982). The Bureau of Reclamation shall deliver 27,000 acre feet annually of agricultural water to the San Xavier Reservation and improve and expand the existing irrigation system. The Bureau shall deliver 10,800 acre feet annually of agricultural water to the Schuk Toak District and design and construct an irrigation system …

Statutory Regulation Of Insider Trading In Impersonal Markets, Dennis S. Karjala

Duke Law Journal

No abstract provided.

Tender Offer Defensive Tactics-Federal Regulation Of Management's Prerogative , James P. Walker

Fordham Urban Law Journal

Management of a corporation has a general duty to determine whether a tender offer is in the best interest of the corporation and its shareholders. When management uses defensive tactics to respond to a tender offer, they are not acting in the best interests of the shareholders, because their actions are misleading. Shareholders seeking to attack the use of defensive tactics during a tender offer may proceed under state corporations laws, or federal securities laws. Under state law, the judiciary typically scrutinizes management activity under the business judgment rule, limiting scrutiny to situations where management decision are influenced by personal …

National Forest Minerals Management [Outline], Jerry L. Haggard

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

3 pages.

Corporate Mismanagement And The Securities Act's Antifraud Provisions: A Familiar Path With Some New Detours, Thomas Lee Hazen

Faculty Publications

No abstract provided.

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …

Successful Artist Management By Xavier M. Frascogna And H. Lee Hetherington, David L. Maddox

Mississippi College Law Review

No abstract provided.

Kentville Local Of The Nova Scotia Nurses' Union V Kentville Hospital Association, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on May 17, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

The Offshore Mineral Resources Agreement In The Maritime Provinces, Rowland J. Harrison

Dalhousie Law Journal

On February 1, 1977, the Prime Minister of Canada and the Premiers of Nova Scotia, New Brunswick and Prince Edward Island signed a "Memorandum of Understanding in Respect of the Administration and Management of Mineral Resources Offshore of the Maritime Provinces".' The Understanding removes a major impediment to potential development of any offshore petroleum resources of the Maritimes, after nearly ten years of federalprovincial negotiations, and more generally represents a quite unique development in Canadian constitutional relations. At the time of its execution, it was described variously as "a mile-stone in federal-regional relations ' 2 and "federalism at its best". …

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Vanderbilt Journal of Transnational Law

Legal regimes regulating the exploitation of atomic energy follow three patterns. The pattern adopted in a particular country depends upon its social and governmental structure. In socialist states, like the Soviet Union, the state owns and uses nuclear materials and installations and is a monopolistic insurer against atomic hazards. In such states nuclear energy law is simplicity itself. It consists of instructions and regulations on the handling, transport and storage of nuclear materials, and the management of nuclear installations by administrative agencies. An important part of the regulations deals with the safety and health of the workers.

Countries in which …

Re Maritime Employers Assoc And Halifax Longshoremen's Assoc, Ila Local 269, Innis Christie

Innis Christie Collection

Employer Grievance alleging illegal work stoppage.

The facts

On Saturday, May 10, 1975, Halterm Limited ordered 14 men for the work period from 1800 to 0800 hours the following morning, to perform work on M/V "Columbus Australia". The order was for "a fourteen-man gang unit to perform heavy lifts", or words to that effect. Some evidence was led by both parties at the hearing with regard to the exact terminology of this order and there was consid­erable discussion of its significance. Although the point is undoubt­edly of importance to the parties, for the purpose of this grievance I do not …

Collective Bargaining Without Work Stoppage?, Alvin L. Goldman

Law Faculty Scholarly Articles

Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …

Vacant Land Management: A Challenge To New York City, Roger Starr

Fordham Law Review

No abstract provided.

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard D. Gold

Scholarly Works

No abstract provided.

Fifteen-Year Survey Of Corporate Developments, 1944-1959, Miguel A. De Capriles

Vanderbilt Law Review

The foregoing survey, it is believed, amply demonstrates the kaleidoscopic variety of the corporate developments of the past fifteen years, even though for obvious reasons much of the detail has had to be omitted. General conclusions are difficult to draw. It seems likely that the success of capitalist enterprise in this, period and the self-imposed improvement in standards of corporate. Fanchon & Marco, Inc. v. Paramount Pictures, 202 F.2d 731 (2d Cir. management have retarded the underlying trend toward expansion of the role of government in the regulation of economic affairs. There has been no occasion for new dramatic statutory …