Before Rapunzel There Was Rudabeh

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In Koehler v. NetSpend Holdings, Inc., 2013 Del. Ch. LEXIS 131 (Del. Ch. May 21, 2013), Vice Chancellor Sam Glasscock III wrote “In fact, NetSpend appears more Rapunzel than Penelope; she must, it seems, let down her hair or go unrequited.”  In a footnote, he attributes the story of Rapunzel to the brothers Grimm (Jacob and Wilhelm).  This

Times May Change But Politicians Don’t

Recently, I’ve been reading about the Greek playwright Euripides.  It is said that Socrates rarely attended plays, but never missed a play by Euripides.  Technology has changed dramatically since the fifth century B.C.E., but it seems that some things don’t change very much at all. In Iphigenia in Aulis, Euripides tells the story of how Agamemnon

Is Chametz A Good?

The Jewish holiday of Passover begins at sundown this evening.  In preparation for Passover, observant Jews must dispose of absolutely all chametz, which is basically any food that is made with grain and water that has been allowed to leaven (rise).  One way to dispose of chametz, which is also spelt chometz, is to sell it to a non-Jew and

Did The Judge’s Ruling Truly Decimate The Defendant’s Contention?

Yesterday’s post concerned Justice M. Kathleen Butz’ recent holding in Yee v. Am. Nat’l Ins. Co., 2015 Cal. App. LEXIS 257 (Cal. Ct. App. 2015).  The case involved the California Controller’s attempt to examine the records of American National Insurance Company.  When the insurer resisted, the Controller convinced the trial court to issue a preliminary

Will The FAA Give Wings To Arbitration Bylaws?

In January, I discussed the Court of Appeal’s decision in Cobb v. Ironwood Country Club, 233 Cal. App. 4th 960 (Cal. App. 4th Dist. 2015).  I found the case interesting because the Court applied a contract law analysis to an arbitration bylaw: Ironwood asserts that its bylaws constitute a contract between the Club and each of

Why Husbands Should Listen To Their Wives . . .

Yesterday was the famous Ides of March.  The Ides weren’t a holiday, but a term used in Roman calendar system which was based on three dates in each month, known as the Kalends or Calends (think calendar), Nones and Ides. The Kalends always falls on the first of the month, the Nones, depending on the month,

Magna Carta Friday: A Definitive Article About A Definite Article

In English, we have two articles – “the” is the definite article and “a/an” is the indefinite article.  Latin, on the other hand, lacks articles, definite or indefinite.   Indeed, the great first century Roman rhetorician Marcus Fabius Quintilianus observed that Latin did not need articles (“noster sermo articulos non desiderat . . .”).  I

Court Refuses To Break Board Deadlock By Appointing A Provisional Director

Section 308 of the California Corporations Code provides for the appointment of a provisional director when a corporation has an even number of directors who are equally divided and cannot agree as to the management of the corporation’s affairs, so that its business can no longer be conducted to advantage or so that there is danger that

You Say Collectable, I Say Collectible

Recently, I circulated a draft agreement that included a representation that a party’s receivables were collectible.  The other side returned a draft that modified the representation and changed the spelling to “collectable”.  Which is correct? First, I checked to see how the word is spelt by the California courts.  Below are the results for published

Magna Carta Friday – King John Guarantees The Freedom Of The English Church

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As I’ve mentioned, this year marks the 800th anniversary of the sealing of the Magna Carta by King John at Runnymede.  I previously posted the introduction and my translation of the original Latin of the 1215 version.  Today, I continue with the King’s guarantee of the freedom of the English Church, which was then in