NCJ Number
183417
Journal
Vanderbilt Law Review Volume: 53 Issue: 3 Dated: April 2000 Pages: 749-1054
Editor(s)
John Frederick Preis
Date Published
April 2000
Length
306 pages
Annotation
These six articles focus on the doctrine of shareholder oppression in minority stockholders in close corporations, drug courts, judicial decisions related to bankruptcy, the liability of securities issuers for misstatements by third parties, avoidance of the appearance of judicial bias in Federal courts, and law related to work for hire.
Abstract
The analysis of shareholder oppression concludes that courts and commentators have not fully considered the differences between the majority and minority perspectives of shareholder oppression and that the choice of perspective is crucial outside the context of the typical freeze-out scenario. The analysis of drug courts have an experimentalist architecture that suggests that these courts and similar institutions need not experience a strict tradeoff between effectiveness and accountability. The analysis of bankruptcy cases subsequently overruled cases concludes that textualism disproportionately leads to bad decisions that result in costly, time-consuming, and inefficient statutory overrulings. Other papers recommend that courts establish a practical bright-line standard related to statements about new securities and argue that criminal defendants who have entered unconditional guilty pleas following a denial of a motion to recuse should be able to appeal the recusal decision. The final paper argues that courts should not consider sound recordings to be works for hire. Footnotes