Apr 19, 2007 | Lead Articles, Number 3, Print Edition, Volume 40
Are Mormons to blame for Utah’s chart-topping bankruptcy rates? If this query makes readers feel uncomfortable, we think it should. There is something disturbing about applying certain traits that appear to lead to bankruptcy to a whole religious group. Admittedly,...
Apr 18, 2007 | Notes, Number 3, Print Edition, Volume 40
In 1975, the Supreme Judicial Court of Massachusetts held, in Donahue v. Rodd Electrotype, that a heightened fiduciary duty exists among shareholders of a close corporation. In so holding, the court recognized that the structure of a close corporation presents...
Apr 17, 2007 | Notes, Number 3, Print Edition, Volume 40
The criminal justice system has historically treated white-collar crimes differently than other crimes, even during the ongoing debate as to whether they deserve this distinction. Courts, as well as academics, have treated white-collar crimes less severely and even...
Apr 17, 2007 | Lead Articles, Number 3, Print Edition, Volume 40
Article III, Section 1 of the federal Constitution vests the judicial power of the United States in “one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” Section 2 of Article III extends the judicial power to “all...
Apr 17, 2007 | Notes, Number 3, Print Edition, Volume 40
Without a doubt, medical residents work very long hours. Most people would be alarmed to learn that the doctor treating them had been working for thirty-six hours straight or had already worked 100 hours that week. Recent studies confirm the common sense notion that...
Apr 17, 2007 | Case Comments, Number 3, Print Edition, Volume 40
The federal honest services fraud statute proscribes the use of mail or wires to execute a scheme depriving another of the right of honest services. In the private sector, federal courts generally recognize honest services fraud where an employee or agent, using the...