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.
exculpation, 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 of offenders.
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.
