Reasonable Expectations Define Board Power to Liquidate a Solvent Close Corporation in Bankruptcy

This Article will argue that, in the absence of contrary provisions in the articles of incorporation, the power of the board of directors of a solvent close corporation to file a voluntary petition for liquidation in bankruptcy must be determined by the theory of “reasonable expectations.” This doctrine not only addresses wrongdoing by those in control, but also defines the power and rights of close corporation participants. Part II briefly considers the uses of bankruptcy in recent years and comments on the peculiar occasion of a solvent corporation deciding to liquidate in bankruptcy. Part III summarizes the facts and identifies the two grounds on which the bankruptcy petition in Quarter Moon should have been dismissed. Parts IV and V explain how the case should have been resolved under the corporation and bankruptcy doctrines. Finally, Part VI concludes with suggestions

The Passage of the Fair Housing Act of 1968: Stories to Be Told

The enactment of the Fair Housing Act of 1968 ( FHA ) is a story filled with intrigue - coercion, duplicity, and back-room deals. In The Secret History of the Fair Housing Act, Professor Jonathan Zasloff provides a riveting account of the maneuvers by the various protagonists in that story. Review of Jonathan Zasloff’s The Secret History of the Fair Housing Act, 53 Hary. J. on Legis. 247 (2016), http://property.jotwell.com/the-passage-of-the-fair-housing-act-of-1968-stories-to-be-told/

Recapturing Water for Sustainability Through Redefinitions of Navigability and Ownership

In Defining Navigability : Balancing State Court Flexibility and Private Rights in Waterways, 36 Cardozo L. Rev. 1415 (2015), Maureen Brady explains that over the last two centuries, state courts have broadened the concept of navigability, and applied the new definitions to alter existing land titles. As a consequence, many non-navigable waterways have become navigable waterways, increasing public ownership and extinguishing private rights

Defending the Time Culture : The Public and Private Interests of Media Corporations

Part I of this essay discusses the “public interest” standard under the Federal Communications Act and describes parallels in corporation doctrine. Part II considers whether broadcasters satisfy their public interest obligations by addressing audience interest. Part III discusses the prerogatives of the management of the corporate broadcaster to consider non-financial factors in selecting programming. Part IV describes the non-traditional philosophy of the corporation\u27s legitimate object, which led to the subject case. Part V discusses the central legal issues of the cognizable business interests of corporations. Finally, the Conclusion offers a view on desirable public interest objectives of media corporations

A gradient index metamaterial

Metamaterials--artificially structured materials with tailored electromagnetic response--can be designed to have properties difficult to achieve with existing materials. Here we present a structured metamaterial, based on conducting split ring resonators (SRRs), which has an effective index-of-refraction with a constant spatial gradient. We experimentally confirm the gradient by measuring the deflection of a microwave beam by a planar slab of the composite metamaterial over a broad range of frequencies. The gradient index metamaterial represents an alternative approach to the development of gradient index lenses and similar optics that may be advantageous, especially at higher frequencies. In particular, the gradient index material we propose may be suited for terahertz applications, where the magnetic resonant response of SRRs has recently been demonstrated

Conservation Conundrum: At-risk Bumble Bees (Bombus spp.) Show Preference for Invasive Tufted Vetch (Vicia cracca) While Foraging in Protected Areas

In recent decades, some bumble bee species have declined, including in North America. Declines have been reported in species of bumble bees historically present in Ontario, including: yellow bumble bee (Bombus fervidus) (Fabricus, 1798), American bumble bee (Bombus pensylvanicus) (DeGeer, 1773), and yellow-banded bumble bee (Bombus terricola) (Kirby, 1837). Threats contributing to bumble bee population declines include: land-use changes, habitat loss, climate change, pathogen spillover, and pesticide use. A response to the need for action on pollinator preservation in North America has been to encourage ‘bee-friendly’ plantings. Previous studies show differences in common and at-risk bumble bee foraging; however, similar data are unavailable for Ontario. Our research question is whether there is a difference in co-occurring at-risk and common bumble bee (Bombus spp.) floral use (including nectar and pollen collection) in protected areas in southern Ontario. We hypothesize that common and at-risk species forage differently, predicting that at-risk species forage on a limited selection of host plants. We conducted a field survey of sites in southern Ontario, using observational methods to determine bumble bee foraging by species. The results of a redundancy analysis show a difference in foraging between common and at-risk bumblebee species. At-risk bumble bee species show a preference for foraging on invasive, naturalized Vicia cracca (tufted vetch). This finding raises the question of how to preserve or provide forage for at-risk bumble bees, when they show an association with an invasive species often subject to control in protected areas.York University Librarie

The Public Housing Tenancy: Variation on the Common Law That Give Security of Tenure and Control

This Article explores the character of the public housing tenancy, comparing it with the common law tenancy under private lease law and evaluating the degree to which private lease law will protect the interests of low-income families if current proposals to abolish existing in-kind housing programs are adopted. Part II of this Article traces the history of federally funded housing programs and describes the various strategies employed. Part III discusses the recent changes in modern private lease law and recounts the basic rights and obligations of the landlord and tenant, which define and govern the rights of low-income families under a cash allowance program. Part IV describes the evolution of the public housing tenancy and demonstrates how its development has outpaced that of the common law tenancy. Part V explores the legal and social policy implications of dismantling the in-kind housing programs. Part VI concludes that the public housing tenancy is necessary to protect public housing tenants from victimization under private lease law

No Entry to the Public Lands: Towards A Theory of A Public Trust Servitude for A Way over Abutting Private Land

This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own land, if the effect is to hinder the public\u27s access to public land are several. First, it is opportunistic and unjustly interferes with citizens\u27 ability to enjoy the interest they hold in public lands. Second, it denies citizens access rights rooted in the common law. Third, and perhaps most compelling, because of general notions of property ownership and the evolving public trust doctrine, the right to exclude the public to the extent of access to public lands never inhered in the adjoining private land title. This article begins with a general discussion of what it means to own land privately in our property regime. The second section discusses the United States\u27 landholdings in the country, the differences in ownership rights from that of private ownership, and the obligations imposed upon the federal government as sovereign and as proprietor of public lands. After that discussion, the article examines the historical causes for the lack of access, along with the federal government\u27s responses. This leads into a discussion of some of the legal theories available for assuring access. Finally, the argument presented is that, notwithstanding the Supreme Court\u27s attempt to close the door to implied easements in favor of the government, the expanded concept of public trust may still provide a path through

The Illusion of Fairness Through Special Committees in Management Buyouts

This essay will explore these deficiencies and argue for real, and not illusory, safeguards against directors\u27 self-dealing in management buyouts. Part II provides an overview of corporation law regarding the decisionmaking authority of the board. Part III discusses self-dealing transactions as exceptions to the normal judicial deference accorded board decisions. Part IV discusses the flaws in the use of the special committee to address conflict of interest problems. Part V provides an analysis of the case introducing this essay and Part VI offers conclusions and suggestions for reform

Reclaiming the Public Domain by Repeal of the Mining Law of 1872

This paper offers an analysis of the new allocation of burdens and benefits in the use of public lands as contemplated by the proposed legislation. In Part III, I discuss the acquisition of property rights under the General Mining Law of 1872. In Part IV, the theory of property in general is explained along with the types and nature of property interests inhering in, and arising from, a mining claim. I explain the recent efforts in Congress to reform the mining law in Part V and the concept of a taking of property in general in Part VI. I discuss the idea of a taking by redefinition in Part VII and in Part VIII, I deal with the question of whether the proposed legislation effects an unconstitutional taking of property. Conclusions are offered in Part IX