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Organizations Law Commons

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2012

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Institution
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Articles 1 - 30 of 60

Full-Text Articles in Organizations Law

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson Nov 2012

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.


The Offender And The Victim, Edward Tromanhauser Nov 2012

The Offender And The Victim, Edward Tromanhauser

Pepperdine Law Review

No abstract provided.


Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance Nov 2012

Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance

Pepperdine Law Review

No abstract provided.


Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter Nov 2012

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.


Emerging Issues In Victim Assistance, Marlene A. Young Nov 2012

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.


Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland Nov 2012

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.


The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry Nov 2012

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson Nov 2012

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Nov 2012

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch Nov 2012

The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch

Pepperdine Law Review

No abstract provided.


The Limited Liability Company As A Security, Mark I. Steinberg, Karen L. Conway Nov 2012

The Limited Liability Company As A Security, Mark I. Steinberg, Karen L. Conway

Pepperdine Law Review

No abstract provided.


Are Limited Liability Company Interests Securities?, Mark A. Sargent Nov 2012

Are Limited Liability Company Interests Securities?, Mark A. Sargent

Pepperdine Law Review

No abstract provided.


Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers Nov 2012

Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers

Pepperdine Law Review

No abstract provided.


It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano Nov 2012

It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano

Pepperdine Law Review

No abstract provided.


California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke Oct 2012

California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke

The Journal of Business, Entrepreneurship & the Law

The roads of social welfare and commercial enterprise have come to an intersection in recent years. Laws governing corporations are expanding to make room for new forms of business entities that seek to satisfy both social and financial goals. The two most prominent “hybrid” business forms are the Low-Profit Limited Liability Company and the Benefit Corporation. The newest hybrid entity to take effect is the Flexible Purpose Corporation, which was introduced in California at the beginning of 2012. With the existence of hybrid organizations that already fit into the mold of Corporations and Limited Liability Companies, is there really a …


Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson Oct 2012

Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson

The Journal of Business, Entrepreneurship & the Law

Delaware corporate law imposes a duty of loyalty on officers and directors as a mechanism to regulate and deter self-dealing transactions. In nonprofit corporations, however, there are generally no shareholders with direct financial incentives to monitor against self-dealing. In the absence of shareholders and other principals, Congress and the IRS have articulated duty of loyalty rules for nonprofits that reach far beyond those applied to the for-profit world--most prominently the § 4958 intermediate sanctions. This article identifies the persons who owe a duty of loyalty to a nonprofit corporation, the applicable fiduciary standards for violating the duty of loyalty, and …


Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, James Hagy Oct 2012

Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, James Hagy

Rooftops Project

Benjamin Webb discusses the rewards and challenges of being responsible for facilities management and energy for the largest mixed-program cultural center in the Southeastern U.S.


Profile - Legal Aid Center Of Southern Nevada, James Hagy Oct 2012

Profile - Legal Aid Center Of Southern Nevada, James Hagy

Rooftops Project

Responding to an ever-increasing need for pro bono legal services, the Legal Aid Center of Southern Nevada recently broke ground in downtown Las Vegas on what will become its new headquarters. Professor James Hagy, Director of The Rooftops Project, talks with Eexecutive Director Barbara Buckley about the project and the role that the new facility will play in advancing the Center’s mission and its services to clients.


Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena, James Hagy Oct 2012

Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena, James Hagy

Rooftops Project

At manyplaces of worship, responsibility for oversight of the physical facilities falls to administrative staff as one more adjunct to an already busy schedule. At others, property tasks may be left to volunteers. The “on-the-job training” may often be self-taught. Professor James Hagy explores these challenges with Alyssa Bellew, Administrative Director of Neighborhood Unitarian Universalist Church.


Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia, James Hagy Oct 2012

Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia, James Hagy

Rooftops Project

In this first of our series of international perspectives, Kathleen Curran relfects on the important role that physical space has played in her charitable mission in Bolivia supporting promising students seeking an advanced education in a setting of poverty.


Perspectives - Alice Korngold Of Korngold Consulting, James Hagy Oct 2012

Perspectives - Alice Korngold Of Korngold Consulting, James Hagy

Rooftops Project

Alice Korngold of Korngold Consulting presents her views on optimizing the match between not-for-profit organizations and prospective board member volunteers.


Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield, James Hagy Oct 2012

Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield, James Hagy

Rooftops Project

Steve Marcussen and Jonathan Sklar of Cushman & Wakefield’s Los Angeles office share thoughts on how not-for-profit organizations can be more effective with their real estate assets and in implementing projects with outside real estate brokerage advisors.


Profile - Fernbank Museum Of Natural History, James Hagy Oct 2012

Profile - Fernbank Museum Of Natural History, James Hagy

Rooftops Project

Any natural history or science museum would be proud to haev the diversity of collections and programmatic resources found at Fernbank Museum of Natural History in Atlanta, Georgia. But few if any can law claim, as Fernbank does, to having “grown out of a forest.” Professor James Hagy, Director of The Rooftops Project, talks wiht Aneli Nugteren, Executive Vice President and Chief Operating Officer of Fernbank Museum, about its unique campus, mission, and facilities.


Profile - The California Endowment’S Center For Healthy Communities, James Hagy Oct 2012

Profile - The California Endowment’S Center For Healthy Communities, James Hagy

Rooftops Project

When the California Endowment planned new headquarters space for its own operations, its vision also included creating conference space suitable for events by other not-for-profits, opportunities for formal and informal collaboration among not-for-profits with compatible missions, and even incubator spaces for smaller organizations in need of an office presence. In this second article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, talks with Anne-Marie Jones, Director of the Endowment’s Center for Healthy Communities, and Edward de la Torre, its Director of Facilities and Events.


“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez Jul 2012

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.


Using Nonprofits To Serve Charitable Goals Of Social Businesses In The United States: Circumventing The Lack Of Recognition Of The Social Business Model In The Federal Tax Code, Gautam Jagannath Jun 2012

Using Nonprofits To Serve Charitable Goals Of Social Businesses In The United States: Circumventing The Lack Of Recognition Of The Social Business Model In The Federal Tax Code, Gautam Jagannath

Pace Law Review

This Article considers the possibility of reincorporating a social business as a tax-exempt nonprofit. An analysis of the costs and benefits is performed with an eye toward federal tax law. First, I discuss the potential problems with running a social business as an exempt nonprofit. There are federal regulations that get in the way of making this a savvy decision. Second, I posit that a social business can benefit from devising a parallel exempt organization with similar or identical charitable goals. There are a few ways to do this and I consider the pros and cons. Finally, I consider the …


Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler Apr 2012

Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler

Pepperdine Dispute Resolution Law Journal

The Federal Mediation and Conciliation Service ("FMCS") was created in 1947. While an array of subsequent statutory enactments have expanded the FMCS charter, the core mission of FMCS has been, and remains, to assist labor and management to settle their disputes through mediation as well as to promote the development of sound and stable labor management relationships. The vision of how that mission will be realized has changed significantly in response to changes in our society, to expanded knowledge of conflict resolution and labor relations, and to lessons gathered by the nation's mediators over a half-century of work with collective …


Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez Apr 2012

Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez

Pepperdine Dispute Resolution Law Journal

In an expansive marketplace where large organizations in the construction, manufacturing, service and union industries are facing increased global competition, collaborative labor relations are essential to maximizing efficiency and productivity. It is for this reason that developing collaboration between labor and management is highly researched and consulted by academics and professionals throughout the world. Although various models of collaboration have been developed, none have been found to clearly overcome that insidious conflict and paradigm of "Labor vs. Management." The purpose of this paper is to provide academics and consultants (mediators/facilitators) an additional perspective for designing, developing and implementing the best …


Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo Apr 2012

Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo

Pepperdine Dispute Resolution Law Journal

In the course of offering workplace expertise, the FMCS has also presented its workshop "Managing Grief in the Workplace." The trainings have been given at local, regional, national and international labor relations and mediation conferences, and in college settings. We have found great receptivity to this cutting edge topic. Support in this area can greatly help unions and companies work through the conflicting expectations of a bereaved employee's job performance. Workshops in "Managing Grief in the Workplace" can initiate needed discussions and helping the partners to set up compassionate and realistic bereavement policies in the workplace. Finally, many participants expressed …


Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal Apr 2012

Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal

Pepperdine Dispute Resolution Law Journal

As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme …