imply a presumption of regularity and good faith (implicit exculpation
None of the rationales for this ongoing status exculpation
are sufficient in light of the social science literature on corporal punishment's extensive harms.
(19) And gross negligence is available only if the corporation has not adopted an exculpation
provision, (20) which it probably has.
Of further benefit to those covered by exculpatory provisions, North Carolina allows exculpation
of liability stemming from "third-party actions as well as direct or derivative corporate actions." Robinson, supra note 9, at [section] 18.12.
, as in cases in which offenders have abused psychoactive
Luckily, as stated, a modified objective approach will not always lead to exculpation
; rather, it will level the playing field so that each side has the capability of prevailing.
Lastly, both Williams's and Wodda and Panfil's studies likewise explore the implications of victims' gender roles and identities for the possible exculpation
Careful exegesis of the idiomatic phrase had shown it to be a cry of exculpation
resembling Pilate's claim of innocence "of this man's blood" (v.
Wolf s exculpation
of bankers is even harder to understand given continuing evidence of the kind of shortsightedness and greed so prevalent in the run-up to the crisis.
As a practical matter, for defendants not eligible for exculpation
(e.g., officers, controlling stockholders and financial or even legal advisors), they may want to reconsider pursuing a joint defense where no defendant points a finger at another.
However, Article 33 may be consistent with customary international law insofar as it grounds exculpation
on a broader lack of culpability than that associated strictly with obedience to superior orders.
This shift is structural, and is accomplished in three primary ways: explicitly separating out standards of conduct from standards of liability, (39) limiting monetary recovery to a category of breach referred to as director conflicting interest transactions, (40) reversing the presumption against exculpation
to one in favor of exculpation
, (41) and revising the procedure for bringing shareholder derivative suits.