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Tortuous journey to justice

Article Abstract:

Del Monte Dunes endured a meandering legal dispute with local government officials at Monterey, CA, after the latter rejected the former's development proposal for a number of times. In 1981, the company filed an application to develop a 344 residential unit in the area, which was later on disapproved due to environmental problems and accessibility issues. Upon the request of local officials, Del Monte Dunes narrowed its plan from 344 units to merely 264. But the company's request was also denied until the residential capacity of the project was reduced to only 190 units. It was only on Dec 1990 when the project gained approval, after the case was filed before the Ninth Circuit Court of Appeals.

Author: Lynch, Timothy
Publisher: Cato Institute
Publication Name: Regulation
Subject: Law
ISSN: 0147-0590
Year: 1998
Land Subdivision and Land Development, Subdividers & Developers, Subdividers and Developers, Real Estate Services Regulation, Cases, Real estate industry, Real estate development, Monterey, California, Del Monte Dunes

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Proposition 211: a random tax on investors

Article Abstract:

Proposition 211 is a movement in California that is intended to circumvent the Private Securities Litigation Reform Act and to make it easier to sue companies for securities fraud. Voters will be able to decide on this issue during the Nov. 1996 election. The Private Securities law was passed in 1995 to reform securities law to discourage unreasonable, but costly lawsuits. Advocates of Proposition 211 claim that it is meant to protect people's retirement savings. However, in reality, it would only serve as a random tax on investors whose money would be split between the current security buyers and lawyers.

Author: Woodward, Susan E.
Publisher: Cato Institute
Publication Name: Regulation
Subject: Law
ISSN: 0147-0590
Year: 1996
Securities Regulation-State, Investor Protection & Disclosure, California, Securities fraud, Disclosure (Securities law), Securities law, Investor relations

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State court restrictions on the employment-at-will doctrine

Article Abstract:

State court rulings are steadily undermining the traditional 'employment-at-will' labor regime. Statutory exceptions to the at-will doctrine include contract, tort, or public policy causes of action. The reasoning behind most statutory exceptions is that vulnerable employees must be protected from all-powerful employers. However, jurists need not equate protection against arbitrary dismissal with protection of equal rights.

Author: Reynolds, Morgan O., Reynolds, Cameron D.
Publisher: Cato Institute
Publication Name: Regulation
Subject: Law
ISSN: 0147-0590
Year: 1995
Labor Programs-State, Business Regulation NEC-State, Manpower policy, State courts, Employee dismissals, Employment terminations, Employment at will

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Subjects list: Commercial law, Laws, regulations and rules
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