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Contracts

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2002

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Articles 1 - 20 of 20

Full-Text Articles in Law

Labor And Employment Law, Thomas M. Winn Iii Nov 2002

Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

No abstract provided.


Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur Oct 2002

Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur

Indiana Law Journal

No abstract provided.


Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance Sep 2002

Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance

Nevada Law Journal

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 Sep 2002

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.


Tracing Principles In Revised Article 9 § 9-315(B)(2): A Matter Of Careless Drafting, Or An Invitation To Creative Lawyering?, William Stoddard Sep 2002

Tracing Principles In Revised Article 9 § 9-315(B)(2): A Matter Of Careless Drafting, Or An Invitation To Creative Lawyering?, William Stoddard

Nevada Law Journal

No abstract provided.


Contract Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Contract Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn Jun 2002

Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn

Nevada Law Journal

No abstract provided.


Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas Jun 2002

Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas

Nevada Law Journal

No abstract provided.


An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver May 2002

An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver

Federal Communications Law Journal

As the numbers of prisons and prisoners continue to increase, so does the market for prison services. One of the more lucrative segments of this industry is the telephone market. To the extent that the services are provided to the prisoners, the relationship resembles a third party beneficiary contract, but due to the perverse financial incentives and the political climate surrounding prisons and prisoners, neither the state nor the private entity acts in the best interests of the consumers in particular or of society in general. This Article will analyze the efficiency of these contracts, introduce alternate arrangements, and compare …


The Law Of Options, Keith Evans Apr 2002

The Law Of Options, Keith Evans

Dalhousie Law Journal

Little attention is devoted to the law of options in major Canadian texts on contract law or in periodical literature. One might, therefore, assume that the law in this area is well settled and that few major cases come before the courts. However, a review of appellate decisions in Canada indicates significant judicial interest in the topic which would challenge those assumptions. In fact, appellate courts in various common law jurisdictions continue to struggle with many doctrinal issues related to this specialized type of contract. This article provides a comprehensive review of the law of options in Canada, and identifies …


Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella Apr 2002

Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella

William & Mary Law Review

No abstract provided.


Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer Mar 2002

Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer

Nevada Law Journal

No abstract provided.


Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton Mar 2002

Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton

Michigan Law Review

When stock indices drop precipitously, when the startup companies fizzle out, and when it stops raining money on places like Wall Street and Silicon Valley, attention turns to downside contracting. Law and business lawyers, sitting in the back seat as mere facilitators on the upside, move up to the front and sometimes even take the wheel. The job is the same on both the upside and downside: to maximize the value of going concern assets. But what comes easily on the upside can be dirty work on the down, where assets need to be separated from dysfunctional teams of business …


Crossroads: Modern Contract Dissatisfaction As Applied To Songwriter And Recording Agreements, 35 J. Marshall L. Rev. 795 (2002), Todd M. Murphy Jan 2002

Crossroads: Modern Contract Dissatisfaction As Applied To Songwriter And Recording Agreements, 35 J. Marshall L. Rev. 795 (2002), Todd M. Murphy

UIC Law Review

No abstract provided.


Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin Jan 2002

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …


Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher Jan 2002

Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher

West Virginia Law Review

No abstract provided.


Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia Jan 2002

Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia

Journal of Law and Health

This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …


Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe Jan 2002

Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe

University of Richmond Law Review

There is great appeal to the notion that parties to a contract may provide in their agreement for how certain aspects of any dispute that may subsequently arise will be resolved. The appeal is so great, in fact, that both parties and courts have embraced the use and enforcement of pre-litigation agreements ("PLAs"). These agreements take a variety of forms. Parties may agree to the forum in which their dispute will be resolved. They may designate the law that will be applied to the resolution of the dispute. Parties may designate what evidence may or may not be presented as …


Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher Jan 2002

Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher

Northwestern Journal of International Law & Business

The conclusion I ultimately draw is that, although the holdings of individual cases are ambiguous, as a group the relevant foreign decisions clearly sanction an award of CISG damages to cover attorneys' fees that would not normally be compensable under U.S. national law. As I discuss in Part III of the article, the firmly-established "American rule" on recovery of attorneys' fees is that, in the absence of a statutory or contractual provision to the contrary, each party to a dispute must bear his or her own attorneys' fees. A line of U.S. cases construing Article 2 of the U.C.C. strongly …


Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman Jan 2002

Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman

Oklahoma Law Review

No abstract provided.