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Smart Contracts In Traditional Contract Law, Or: The Law Of The Vending Machine, Jonathan Rohr
Smart Contracts In Traditional Contract Law, Or: The Law Of The Vending Machine, Jonathan Rohr
Cleveland State Law Review
Smart contracts are the new norm, yet state legislatures and courts have not developed set rules and answers to legal disputes that these contracts create. Is traditional contract law sufficient? Or should we create an entirely new legislative or common law scheme to deal with these disputes? The common law has proven to be successful in dealing with new technologies and contracts, particularly because of its flexibility. Although a major overhaul may be in the future, there are still solutions that we can find today with the current legal landscape given the state of contract law and its evolution over …
Poke Your Nose Into Your Clients' Businesses (If You Want To Understand Their Contracts), James W. Bowers
Poke Your Nose Into Your Clients' Businesses (If You Want To Understand Their Contracts), James W. Bowers
Maine Law Review
Thirty years ago Grant Gilmore argued that “Contract” was dead. This lecture, delivered as 2004 Godfrey Scholar-in-Residence at the University of Maine School of Law, considers the cause of death. Since the expired doctrines arose in a common law process, the lecture argues their demise resulted from the failings of lawyers, especially lawyers' commitment to wooden, formalist legal methods. I explore some of the reasons why lawyers became committed to these methods, and argue that even were nineteenth-century formalistic practices resurrected, modern lawyers must still be prepared to understand the potential effects business contexts might have in contract disputes and …
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Contracting For Procedure, Kevin E. Davis, Helen Hershkoff
Contracting For Procedure, Kevin E. Davis, Helen Hershkoff
William & Mary Law Review
Judicial decisions of public courts increasingly are based on “contract procedure,” private rules of procedure that the parties draft and assent to before a dispute even has arisen. These rules govern such matters as the forum in which the proceeding will be conducted, whether a jury will be involved in adjudicating the dispute, the scope of rights of discovery, and rules of evidence. The practice deserves greater attention and should raise more profound concerns than the academic literature currently suggests. We argue that contract procedure operates as a form of privatization that effectively outsources government functions to private contracting parties. …
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
University of Richmond Law Review
No abstract provided.
Nevada's Failure To Secure Its Future: An Analysis Of The Omission Of U.C.C. § 9-318(A) And Its Effect On Asset Securitization, Cari Ehrlich Waters
Nevada's Failure To Secure Its Future: An Analysis Of The Omission Of U.C.C. § 9-318(A) And Its Effect On Asset Securitization, Cari Ehrlich Waters
Nevada Law Journal
No abstract provided.