Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgia State University College of Law (26)
- Selected Works (15)
- Duke Law (13)
- Columbia Law School (10)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
-
- Singapore Management University (8)
- University of Michigan Law School (6)
- University of Pennsylvania Carey Law School (5)
- William & Mary Law School (5)
- Loyola Marymount University and Loyola Law School (4)
- Marquette University Law School (4)
- Texas A&M University School of Law (4)
- American University Washington College of Law (3)
- Cornell University Law School (3)
- Florida State University College of Law (3)
- Georgetown University Law Center (3)
- Penn State Dickinson Law (3)
- Roger Williams University (3)
- St. John's University School of Law (3)
- University of Montana (3)
- California Western School of Law (2)
- Maurer School of Law: Indiana University (2)
- Nova Southeastern University (2)
- Pace University (2)
- Seattle University School of Law (2)
- UIC School of Law (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- University of Maine School of Law (2)
- University of Pittsburgh School of Law (2)
- Keyword
-
- Contracts (31)
- Contract (11)
- Public debts (9)
- Debt relief (8)
- Law (8)
-
- Contract law (4)
- Contracts--Interpretation and construction (4)
- Damages (4)
- Entrepreneurship (4)
- Finance (4)
- Insurance (4)
- Arbitration (3)
- Consent (3)
- Contract Law (3)
- Corporations (3)
- Formalism (3)
- Human rights (3)
- Inequality (3)
- Remedies (3)
- Smart contracts (3)
- Standardized terms of contract (3)
- Torts (3)
- Transparency (3)
- Uniform Commercial Code (3)
- Amazon (2)
- Apple (2)
- Banking (2)
- Bills of Lading Act (2)
- Boilerplate (2)
- Bonds (2)
- Publication
-
- Faculty Scholarship (27)
- Georgia Business Court Opinions (23)
- All Faculty Scholarship (7)
- Research Collection Yong Pung How School Of Law (6)
- Articles (4)
-
- Columbia Center on Sustainable Investment Staff Publications (4)
- Faculty Publications (4)
- Loyola of Los Angeles Law Review (4)
- Nevada Supreme Court Summaries (4)
- Robert Hillman (4)
- Dickinson Law Review (2017-Present) (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Marquette Law Review (3)
- Publications (3)
- Roger Williams University Law Review (3)
- Christopher C. French (2)
- Cornell Law Faculty Publications (2)
- Florida State University Law Review (2)
- Georgia State University Law Review (2)
- Maine Law Review (2)
- Nevada Law Journal (2)
- Public Land & Resources Law Review (2)
- Scholarly Works (2)
- The Catholic Lawyer (2)
- UIC Review of Intellectual Property Law (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- All Faculty Publications (1)
- American Indian Law Journal (1)
- American University Business Law Review (1)
- American University Law Review (1)
- Publication Type
Articles 1 - 30 of 183
Full-Text Articles in Law
Southern States Chemical Inc., Final Order Granting Defendants' Summary Judgment, Alice D. Bonner
Southern States Chemical Inc., Final Order Granting Defendants' Summary Judgment, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Palm Papers, Nicole Rothwell
Palm Papers, Nicole Rothwell
Capstones
The Organized Crime and Corruption Reporting Project (OCCRP) came into possession of a secret dataset of property owners of the Palm Islands, the elite high-end artificial islands on the coast of Dubai.
With over 250 neighborhoods on Dubai’s waterfront, a group of journalists around the world has been investigating who these individuals are that can afford the posh and pricey real estate. While most fall into the uber-rich category, some also have corrupt to criminal backgrounds leading to questions such as if the Palm Islands are truly a real-estate paradise, or instead a refuge for the corrupt.
The task for …
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Brooklyn Journal of Corporate, Financial & Commercial Law
The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Peter Menell
In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this …
United States V. Osage Wind, Llc, Summer Carmack
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
Venture Capital Contract Design: An Empirical Analysis Of The Connection Between Bargaining Power And Venture Financing Contract Terms, Spencer Williams
Venture Capital Contract Design: An Empirical Analysis Of The Connection Between Bargaining Power And Venture Financing Contract Terms, Spencer Williams
Fordham Journal of Corporate & Financial Law
This Article presents an empirical analysis of the connection between bargaining power and contract design using an original dataset of over 5,500 equity and debt venture financings from 2004–2015. Using the total supply of venture capital in the U.S. as a measure of relative bargaining power between entrepreneurs and investors, this Article finds that venture capital supply has a statistically significant relationship with price and non-price terms in both equity and debt financings. These results contradict one of three theoretical accounts of bargaining power and support the other two.
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Research Collection Yong Pung How School Of Law
The subject of non-delegable duty has troubled courts for some time. The recent UKSC decision in Woodland v STA has clarified the law somewhat. In the recent decision MCST No. 3322 v Tiong Aik, the Singapore Court of Appeal endorsed the UK position and made clarifications on the Singapore position. This article examines the Singapore position as expressed by the SGCA.
Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold
Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold
Marquette Law Review
It is common practice for recreational businesses, such as ski resorts or fitness centers, to require their customers to sign a release of liability form. The purpose of this release form is to relieve the business from any potential liability in the event a customer suffers an injury. However, since 1982, the Wisconsin Supreme Court has yet to uphold an exculpatory contract. Rather than attempting to lay out principles and guidelines for how to draft an exculpatory agreement—in hopes that it will be ruled enforceable—this Comment proposes that Wisconsin recreational businesses, like ski resorts or gyms, should not require customers …
American Contract Law For A Global Age, Franklin G. Snyder, Mark Burge
American Contract Law For A Global Age, Franklin G. Snyder, Mark Burge
Faculty Scholarship
American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students.
Caring For Humanity: Non-Profit Elderly Law, Sierra Samp
Caring For Humanity: Non-Profit Elderly Law, Sierra Samp
Capstone Projects and Master's Theses
This Capstone was an internship that focused on care in Humanity at Legal Services for Seniors. There is a journal that includes the observations of care in the law office. I focus on how attorneys care for each clients humanness while they are working on their cases. Attorneys may be doing work that can be quite intimidating, but the care they give is quite extraordinary.
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 …
The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman
Robert Hillman
The United States Supreme Court purported to apply "ordinary contract principles" in its decision reversing the Sixth Circuit Court of Appeals in M&G Polymers USA v. Tackett . The Sixth Circuit had held that plaintiffs, retired employees of M&G, were entitled to lifetime healthcare benefits under their union's agreement with M&G. According to the Supreme Court, the Sixth Circuit wrongly relied on a false set of "inferences" established in International Union v. Yard-Man, Inc. to find that "in the absence of extrinsic evidence to the contrary, the provisions of [the collective bargaining agreement] indicated an intent to vest …
Maximizing Ponzi Loss Deductions For Estate And Income Tax Purposes: Are Taxpayers Better Off Dead?, Valrie Chambers, Brian Elzweig
Maximizing Ponzi Loss Deductions For Estate And Income Tax Purposes: Are Taxpayers Better Off Dead?, Valrie Chambers, Brian Elzweig
William & Mary Business Law Review
There is a long history of cases interpreting whether a theft loss deduction for securities fraud is allowable for personal income taxes. The cases require that for a theft loss to be actionable as such, it would have to meet the requirements of the common law definition of theft in the U.S. state in which it occurred. This generally requires direct privity between the person claiming the loss and the person who committed the theft. Because most securities transactions are brokered, the direct privity is lost and a theft loss deduction is denied in favor a capital loss. Recently, in …
Souza Et Al., Order On Plaintiffs' Motion To Compel, Elizabeth E. Long
Souza Et Al., Order On Plaintiffs' Motion To Compel, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Souza Et Al., Amended Order Granting Defendants' Motion To Dismiss, Elizabeth E. Long
Souza Et Al., Amended Order Granting Defendants' Motion To Dismiss, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
The Perverse Consequences Of Disclosing Standard Terms, Tess Wilkinson-Ryan
The Perverse Consequences Of Disclosing Standard Terms, Tess Wilkinson-Ryan
Cornell Law Review
Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are at best potentially helpful, and at worst harmless. This Article makes the empirical case that unread terms are not a neutral part of American commerce; instead, the mere fact of fine print inhibits reasonable challenges to unfair deals. The experimental study reported here tests the …
Understanding The Consumer Review Fairness Act Of 2016, Eric Goldman
Understanding The Consumer Review Fairness Act Of 2016, Eric Goldman
Michigan Telecommunications & Technology Law Review
Consumer reviews are vitally important to our modern economy. Markets become stronger and more efficient when consumers share their marketplace experiences and guide other consumers toward the best vendors and away from poor ones. Businesses recognize the importance of consumer reviews, and many businesses take numerous steps to manage how consumer reviews affect their public image. Unfortunately, in a misguided effort to control consumer reviews, some businesses have deployed contract provisions that ban or inhibit their consumers from reviewing them. I call those provisions “antireview clauses.”
Anti-review clauses distort the marketplace benefits society gets from consumer reviews by suppressing peer …
Contracts Ex Machina, Kevin Werbach, Nicolas Cornell
Contracts Ex Machina, Kevin Werbach, Nicolas Cornell
Articles
Smart contracts are self-executing digital transactions using decentralized cryptographic mechanisms for enforcement. They were theorized more than twenty years ago, but the recent development of Bitcoin and blockchain technologies has rekindled excitement about their potential among technologists and industry. Startup companies and major enterprises alike are now developing smart contract solutions for an array of markets, purporting to offer a digital bypass around traditional contract law. For legal scholars, smart contracts pose a significant question: Do smart contracts offer a superior solution to the problems that contract law addresses? In this article, we aim to understand both the potential and …
Joinder Of Equitable Assignors Of Equitable And Legal Choses In Action, Chee Ho Tham
Joinder Of Equitable Assignors Of Equitable And Legal Choses In Action, Chee Ho Tham
Research Collection Yong Pung How School Of Law
It is commonly accepted that equitable assignees of equitable choses in action may sue obligors of such choses without joining the assignors, and that joinder of equitable assignors of legal choses arising from contract may also be dispensed with, given William Brandt's Sons & Co v Dumlop Rubber Co. This article suggests that the former results from the application of res judicata principles by a court acting within its equitable jurisdiction, and that Brandt's is better understood as having been decided within the court's equitable jurisdiction. Consequently, this paper shows that the law on joinder of equitable assignors is consistent …
Il Poliamore E I Beni Comuni. Primissime Riflessioni, Ugo Mattei
Il Poliamore E I Beni Comuni. Primissime Riflessioni, Ugo Mattei
Ugo Mattei
No abstract provided.
Wrangling Services Contracts In Libraries, Michael Rodriguez
Wrangling Services Contracts In Libraries, Michael Rodriguez
Charleston Library Conference
As more and more academic libraries outsource information technology services and enter into cooperative consortial schemes with other organizations, librarians push into a minefield of contractual negotiations, obligations, and liabilities more complicated and consequential than the typical e-resource licenses is. A poorly wordsmithed license may result in loss of access to journals, whereas becoming entangled in troubled consortia, watching an essential technology go offline during finals week, or getting audited by a vendor without contractual safeguards or recourse can produce much greater financial and administrative burdens. This concurrent session was a crash course in negotiating service contracts favorable to libraries, …
Doing Deals With Aristotle—Today, Chapin F. Cimino
Doing Deals With Aristotle—Today, Chapin F. Cimino
Seattle University Law Review
This analysis proceeds in six steps. In Part I, this Article sets the stage by describing the problem: while contracting behavior is increasingly complex, contract law and theory remain stubbornly uni-faceted. That is, while contracting and contractors are ever more modern, contract law and theory are ever more traditional. The greater the divide, the less useful contract theory is to contract law, and the less useful contract law is to contractors. This trend does not bode well for the future of contract law or theory. The question is how much of a crisis contract law will have to endure before …
Uas Investments, Llc Order On Cross Motions For Summary Judgment, Elizabeth E. Long
Uas Investments, Llc Order On Cross Motions For Summary Judgment, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Research Collection Yong Pung How School Of Law
If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding …
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Research Collection Yong Pung How School Of Law
In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard …
Algorithmic Contracts, Lauren Henry Scholz
Algorithmic Contracts, Lauren Henry Scholz
Scholarly Publications
Algorithmic contracts are contracts in which an algorithm determines a party’s obligations. Some contracts are algorithmic because the parties used algorithms as negotiators before contract formation, choosing which terms to offer or accept. Other contracts are algorithmic because the parties agree that an algorithm to be run at some time after the contract formation will serve as a gap-filler. Such agreements are already common in high speed trading of financial products and will soon spread to other contexts. However, contract law doctrine does not currently have a coherent approach to describing the creation and enforcement of algorithmic contracts. This Article …
Uniform Commercial Acts, Samuel Williston
Uniform Commercial Acts, Samuel Williston
Dickinson Law Review (2017-Present)
No abstract provided.
The Uniform Commercial Acts, J.P. Mckeehan
The Uniform Commercial Acts, J.P. Mckeehan
Dickinson Law Review (2017-Present)
The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …
Reconsidering Contractual Consent: Why We Shouldn't Worry Too Much About Boilerplate And Other Puzzles, Nathan B. Oman
Reconsidering Contractual Consent: Why We Shouldn't Worry Too Much About Boilerplate And Other Puzzles, Nathan B. Oman
Faculty Publications
Our theoretical approaches to contract law have dramatically over-estimated the importance of voluntary consent. The central thesis of this article is that voluntary consent plays at best a secondary role in the normative justification of contract law. Rather, contract law should be seen as part of an evolutionary process of finding solutions to problems of social organization in markets. Like natural evolution, this process depends on variation and feedback. Unlike natural evolution, both the variation and the feedback mechanisms are products of human invention. On this theory, consent serves two roles in contract law. First, consent makes freedom of contract …