The Power Paradox: The Need for Alternative Remedies in Virginia Minority Shareholder Oppression Cases

Stephanie Martinez *

Without advanced planning, minority shareholders in a closely held corporation can find themselves in the unenviable position of being up a creek without a paddle. Minority shareholders often invest in a corporation with the belief that the investment will provide them with a steady stream of income, either from a job or from payment of dividends. Yet many fail to protect themselves with employment contracts or buy-sell agreements, leaving them vulnerable to a majority shareholder who may decide to fire them or withhold dividends. Without a source of income, a minority shareholder can face an indefinite period when there is no return on his or her investment.

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Virginia’s Gap Between Punishment and Culpability: Re-Examining Self-Defense Law and Battered Woman’s Syndrome

Kendall Hamilton *

“Truly humane societies are those . . . that have decided to begin the long march down the road toward the abolition of violence . . . . [and] every once in a while, stop along the way to take stock, and then decide to continue.”

Our criminal justice system rests upon the fundamental notion that a defendant’s punishment will match her level of culpability. In other words, the defendant should be a “fair candidate for punishment.” Accordingly, when punishment outweighs culpability, effectively over-punishing a defendant, the legitimacy of our criminal justice system erodes because the system in which we have bestowed our trust has not produced a fair candidate for punishment. The intersection between Virginia’s self-defense laws and the realities surrounding domestic violence demonstrate this over-punishment problem.

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