A breather on the Takings Clause: Supreme Court declines to hear property cases, legislatures stepping in

Article Abstract:

After strengthening the impact of the Constitution's Fifth Amendment Takings Clause in Dolan v City of Tigard and other cases, the US Supreme Court seems in no hurry to further clarify this still muddy topic. The problem arises in part from the gradual increase in regulation that led past courts to use ad hoc tests, but regulatory taking has become a significant philosophical and political issue. Legislatures seem eager to attempt a resolution and many lower courts confront the issue, but the Court must revisit it eventually.

Cases, Eminent domain (Law), Regulatory taking (Law)

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Re-defining close corporations; courts, legislatures move to protect minority shareholders

Article Abstract:

Courts and legislatures are more likely to consider closely-held corporations to be similar to partnerships. This development is primarily an effort to protect the interests of minority partners. Shareholders are often employees, officers or directors, resulting in a high possibility of conflicts or financial abuses by majority shareholders. Several courts have ruled that shareholders in a close corporation are bound by the same type of fiduciary duty found in a partnership.

Stockholders, Partnership, Partnerships, Close corporations, Closely held corporations

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Body science: as medical research unlocks the secrets of genetics, the battle over who can have access to your personal life story is just getting under way in courts and legislatures

Article Abstract:

Legal controversy is just beginning on the issue of access to personal medical records in the wake of genetics breakthroughs. Policy experts, courts and legislatures are considering how genetic testing and screening should influence health insurance decisions, and whether schools or employers should also use such information. Two Marines lost a case to skip mandatory DNA testing, which now covers all military personnel.

Research and Development in the Physical, Engineering, and Life Sciences, Research and Testing Services, Direct Health and Medical Insurance Carriers, Medical Research, Hospital and medical service plans, Medical Care Insurance, Cover Story, Health insurance, Medical records, Access control, Genetic screening, Genetic testing

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