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[...] children have not had the legal capacity until relatively recently to challenge their abusers.1 Second, the statutes of limitations for child sex abuse have been constructed in a way to make it virtually impossible for the vast majority of victims to get to a prosecutor and/or civil courts before their claims have expired.2 Third, as a society, we have tended to adopt a "romantic attitude" and trust most religious organizations, which gave them latitude to hide abuse.3 That changed in 2002 when the Boston Globe revealed that the Boston Archdiocese of the Roman Catholic Church had covered up horrendous abuse by serial pedophiles, including Father Paul Shanley and Father John Geoghan.4 While there had been trickles of information to the public before then,5 it was not until the larg...
... They were consciously excluded from free exercise protection. In this Article, I will first briefly ...
... government may refer to a rule that one exercises over oneself. Foucault notes that, for all the man... on the interests of the state, not on the rights of the individual. But it also differs from libera... context, "of equipping citizens with the capacity to exercise rights with some moderation." (30) It ...
... appears that a company has the power to exercise a controlling influence over the management or pol... agreement or understanding under which the rights of a holder of voting securities of a bank or othe... are held by the company in a fiduciary capacity without sole discretionary authority to exercise t...
..., parental authority, and the minor's capacity--that weave together children's rights cases. She ..., (36) and that schools may need to exercise restraint over students. (37) . In 1995, in Vernon...
... obtains legal advicerelated to the exercise of fiduciary duties. In such cases,courts have he... ina personal rather than a fiduciary capacity; (2) the courtsaw no indication that the memorandu... I) ("[T]he analysis must train on specific rights-creating or duty-imposing statutory or regula...
... in muscular strength and aerobic capacity by a single mode of exercise have been achieved af...
... or control of shares in a fiduciary capacity. Shares shall not be deemed to have been acquired ... has sole discretionary authority to exercise voting rights with respect thereto. (3) Exclusion ...
A trade creditor that sells goods or provides services on credit terms to a financially distressed customer risks an uncollectable unsecured claim in the event of the customer's bankruptcy filing. Setoff is an equitable state law remedy that allows entities owing money to each other to cancel out or apply their mutual debts against each other. The debts could arise under either the same or different contracts. A triangular setoff takes place when A offsets an obligation to B against the indebtedness of B's affiliate's, C, to A. The issue with triangular setoff is whether it satisfies Section 553's mutuality requirement. The Bankruptcy Court rejected Chevron's exercise of triangular setoff rights, denying Chevron's lift stay motion. The court ruled that Section 553 prohibits triangular s...
... from the same persons acting in the same capacity. That would ordinarily preclude a creditor from of...
... or control of shares in a fiduciary capacity. Shares shall not be deemed to have been acquired ... has sole discretionary authority to exercise voting rights with respect to the shares. (3) Excl...
For instance, the focus on the child's future exercise of autonomy has led some children's rights advocates to call for more aggressive regulation of private schools. University of Chicago law professor Emily Buss goes even further, asserting that "a state interest in fostering the capacity for independent thought in its children could justify policies encouraging and even, perhaps, compelling some amount of exposure to ideologically unlike peers.
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