At the Library of Law and Liberty blog, John McGinnis argues that under the Take Care Clause of the US Constitution (i.e., to “take Care that the Laws be faithfully executed”), the President may fire directors of independent federal agencies whom he believes are not following the law.
Posted on: March 11, 2017
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Tag: Administrative Law, Constitutional Law, Consumer Protection, Legal Theory
Posted on: March 7, 2017
At National Review, Andrew McCarthy writes about the history, and what he regards as the extreme inherent injustice, of the "responsible officer doctrine," which allows corporate officers to be prosecuted for criminal acts of their companies, regardless of whether they participated in or even knew of such acts. McCarthy, a former federal prosecutor, calls for substantive reform:
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Tag: Civil Litigation / Civil Procedure, Corporations, Courts, Criminal Law, Legal History, Legal Theory
Posted on: February 24, 2017
Alternative entities such as limited partnerships and limited liability companies are creatures of contract, so the first place to look for standards governing dissolution is the applicable LLC agreement or partnership agreement.[1] The statutes themselves provide little guidance on their face with respect to a number of aspects of dissolution, but standards may be gleaned by comparing the language of different sections of the applicable Act.[2]
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Tag: Alternative Business Entities, Contracts, Equity / Chancery, Limited Liability Companies, Partnerships
Posted on: February 19, 2017
In a short video on the Federalist Society website, Glenn Reynolds explains how “the basis for extraterrestrial property rights is essentially natural law.”
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Tag: Administrative Law, Commerce, Commercial Transactions, International Law, Legal Theory, Real Estate / Real Property, Technology & Law
Posted on: February 18, 2017
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Tag: Administrative Law, Contracts, Labor and Employment, Legislation
Posted on: February 6, 2017
In the New Hampshire Business Review, Brad Cook summarizes what “right to work” would mean for New Hampshire now that it is a realistic possibility with a Republican governor and Republicans in control of the state legislature.
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Tag: Administrative Law, Contracts, Labor and Employment, Legislation