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Good Faith

'Good Faith and Fair Dealing' in Contract Law Does Not Impose Abstract Morality

Brad Reid | Posted 07.02.2014 | Business
Brad Reid

The Delaware Court of Chancery recently discussed the contractual legal requirement of "good faith and fair dealing" in the context of a limited partnership agreement. In essence, a contract's language and the purposes of the contracting parties control any implied terms that a court might impose.

Michael Sam and the Last Few Yards: Will We Fumble?

Clay Farris Naff | Posted 07.13.2014 | Gay Voices
Clay Farris Naff

The Supreme Court has broad independence, but it is not immune to public pressure. What pressure does its conservative wing feel? The signs aren't good. The Christian right has great discipline, huge resources, and an unwavering focus on its theocratic goals.

Friday Talking Points -- Rest In Peace, Fourth Amendment

Chris Weigant | Posted 08.07.2013 | Politics
Chris Weigant

We gather here today to mourn the passing of the Fourth Amendment to the United States Constitution. Although weakened and battered in the past, it seems that it has finally succumbed and will be heard of no more.

Directors Must Investigate Shareholders' Concerns

Brad Reid | Posted 07.13.2013 | Business
Brad Reid

Directors have a fiduciary duty to shareholders to act with due care and in good faith. A fiduciary has a high standard of care that requires that informed decisions be made honesty and fairly.

The 'Advice of Counsel' Defense

Brad Reid | Posted 02.05.2013 | Business
Brad Reid

While executives should consult legal counsel, executives should not expect that an assertion of legal advice favoring the proposed action will automatically prevent subsequent liability for fraud.

A Bad Assumption: Republicans Are Acting in Good Faith on Deficits

Jonathan Weiler | Posted 05.25.2011 | Politics
Jonathan Weiler

The extent of Republican dishonesty on deficits should have been plain long ago, as they have been running up the debt for thirty years. The 2011 budget debate is no different.