Should we toss Foss? Toward an Australian statutory derivative action
Article Abstract:
The US and Japanese experiences with statutory shareholder derivative actions suggest that the statutory form would provide Australia with the opportunity to implement the optimal procedural system. The debate over a statutory form to replace common law derivative actions in Australia should focus on the opportunity to impose preconditions that ensure derivative actions proceed properly. Issues to consider in reforming derivative actions include who should bear the cost, who has standing and who should certify the action.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
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Should options be more ISO-metrical after TRA '97?
Article Abstract:
Incentive stock options (ISOs) are more attractive from the perspective of employees after the Taxpayer Relief Act of 1997. The reduced rate of long-term capital gains tax and the recognition of income at disposition rather than at exercise are attractive features for employees. ISOs are less cost-effective than nonqualified stock options from the point of view of employers and present alternative minimum tax problems for unwary employees.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1998
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Yes: international law should not negate the Constitution
Article Abstract:
Foreign nationals sentenced to capital punishment in the US do not deserve to be treated any differently than Americans. National sovereignty must be respected and Mario B. Murphy, the Mexican national in the case under discussion, brutally murdered a citizen of Virginia, not Mexico. The argument for capital punishment's abolition is a separate issue from the issue of whether the US should execute foreign nationals.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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