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Home > Law Review > Volume 48 (2012-2013) > Issue 1, Volume 48

The Trustee and the Spendthrift: The Argument Against Small Trust Termination

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Phillip Ruce, The Trustee and the Spendthrift:  The Argument Against Small Trust Termination In the 1800s, a mother transferred her estate, in trust, to her children in separate sh[...]
09 Oct 2012

Pretend to Defend: Executive Duty and the Demise of “Don’t Ask, Don’t Tell”

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Antony Barone Kolenc, Pretend to Defend:  Executive Duty and the Demise of “Don’t Ask, Don’t Tell” The stunning implosion of the Department of Defense’s controversial policy prohib[...]
09 Oct 2012

Preliminary Negotiations or Binding Obligations? A Framework for Determining the Intent of the Parties

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It is a fundamental tenet of contract law that mere participation in negotiations does not result in a binding obligation.   Rather, to form a contract, all parties to the agreemen[...]
09 Oct 2012

Private Rights and Public Wrongs: Fair Use as a Remedy for Private Censorship

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Stephen McIntyre, Private Rights and Public Wrongs:  Fair Use as a Remedy for Private Censorship Copyright law seeks to promote the public welfare by incentivizing the creation and[...]
09 Oct 2012

The Deception of Concepcion: Saving Unconscionability after AT&T Mobility LLC v. Concepcion

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  While Concepcion may not have appeared on the front page of any newspaper, it is an important case because unconscionability is often used by plaintiffs’ lawyers to invalida[...]
09 Oct 2012

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