Apr 1, 2009 | Notes, Number 3, Print Edition, Volume 42
When a party loses or destroys evidence, the standard of culpability courts require before they will instruct a jury that they may view the missing evidence as unfavorable to that party varies among the federal circuits. In order to issue such an adverse inference...
Apr 1, 2009 | Notes, Number 3, Print Edition, Volume 42
The Constitution’s Sixth Amendment promises that “[i]n all criminal prosecutions, the accused shall . . . have the assistance of counsel for his defense.” In order to protect the defendant’s liberties in the adversarial system contemplated by the Sixth Amendment the...
Apr 1, 2009 | Lead Articles, Number 3, Print Edition, Volume 42
Symposium—Limited Liability Companies at 20 Today the goal of many physicists, whether working with what are some of the largest machines ever built such as the newly christened Large Hadron Collider or with the rather more simple chalk and blackboard, is to develop a...
Apr 1, 2009 | Lead Articles, Number 3, Print Edition, Volume 42
Symposium—Limited Liability Companies at 20 The law is often like a Slinky: there are two opposing poles, there is tension between the poles, and when one pole pushes out too far from the other, there is a tendency for the tension to pull the deviating pole back or...
Apr 1, 2009 | Lead Articles, Number 3, Print Edition, Volume 42
Symposium—Limited Liability Companies at 20 The acceptance of the limited liability company (LLC) in 1998 afforded business owners and their advisors with a more straight-forward and flexible way of doing business than was available at that time. Two decades ago,...
Apr 1, 2009 | Lead Articles, Number 3, Print Edition, Volume 42
Symposium—Limited Liability Companies at 20 The purpose of this essay is to analyze the question of whether there is, or should be, a single theory for interpreting and understanding the limited liability company (LLC). Should is the epitome of a normative question...