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6 Mar 2017, 11:35 am
It contrasted the Buck decision with the case of McCleskey v. [read post]
6 Mar 2017, 11:35 am
It contrasted the Buck decision with the case of McCleskey v. [read post]
28 Feb 2017, 1:45 pm
Thirty years ago, in McCleskey v. [read post]
22 Feb 2017, 9:06 am
Hamilton v. [read post]
6 Feb 2017, 3:26 am
And speaking of digging deeper, if you don’t already know, New York’s e-filing system has revolutionized public access to court filings in most parts of the state. [read post]
8 Jan 2017, 5:17 pm
An early example of this in a much less formal building contract which commissioned work set out in a bill of quantities is Kemp v Rose (1858) 65 ER 910; 1 Giff 258, 268-269 per Vice Chancellor Sir John Stuart. [read post]
22 Nov 2016, 8:35 am
The title of this post comes from this intriguing paper by Professor Douglas Berman, the abstract of which states: In his dissent in McCleskey v. [read post]
22 Nov 2016, 8:35 am
The title of this post comes from this intriguing paper by Professor Douglas Berman, the abstract of which states: In his dissent in McCleskey v. [read post]
22 Nov 2016, 8:35 am
The title of this post comes from this intriguing paper by Professor Douglas Berman, the abstract of which states: In his dissent in McCleskey v. [read post]
24 Oct 2016, 5:30 am
Kemp, Justice William Brennan... [read post]
19 Sep 2016, 3:32 am
In New York, the bad faith defense in dissolution proceedings traces its lineage to Matter of Kemp & Beatley, 64 NY2d 63 [1984], a landmark ruling by the state’s highest court that set the standard for minority shareholder oppression under § 1104-a of the Business Corporation Law, where the court wrote in dicta that “the minority shareholder whose own acts, made in bad faith and undertaken with a view toward forcing… [read post]
16 Sep 2016, 2:02 pm
Carl v. [read post]
9 Sep 2016, 7:20 am
United States (1998, in which Justice Breyer wrote for the majority) that first advanced the constitutional theory adopted by the Court in Apprendi v. [read post]
11 Jul 2016, 9:45 am
See my 2012 OSJCL article for the details on this and other studies in the area.The federal capital case of United States v. [read post]
31 May 2016, 4:49 am
Qadan v Tehseldar: No More Personal Liability? [read post]
22 Apr 2016, 1:01 am
Kemp (481 U.S. 279), which since has been widely criticized. [read post]
22 Feb 2016, 10:00 am
The term “race” for purposes of 42 U.S.C. 1981 is to be defined the same as the term “race” is defined for the purposes of Title VIIVillage of Freeport v Barrella. [read post]
18 Dec 2015, 2:37 pm
Kemp. [read post]
27 Nov 2015, 9:39 am
Powell v. [read post]
16 Nov 2015, 3:26 am
In many of those states, including New York, courts define oppression as conduct that defeats the minority shareholder’s “reasonable expectations. [read post]
