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Articles 31 - 60 of 209
Full-Text Articles in Law
Ainealem "Alex" Gidewon Order Denying Plaintiffs' Motion To Compel And Granting 990 Brady A Venue, Llc's Motion For Protective Order, John Goger
Georgia Business Court Opinions
No abstract provided.
Equitrade International, Inc Order Granting Motion To Compel, John J. Goger
Equitrade International, Inc Order Granting Motion To Compel, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Gordon Jones, Ii Order On Plaintiff's Motion For Partial Judgment On The Pleadings And For A More Definite Statement Of The Law, Elizabeth E. Long
Gordon Jones, Ii Order On Plaintiff's Motion For Partial Judgment On The Pleadings And For A More Definite Statement Of The Law, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Gordon Jones, Ii Order Denying Defendants' Motion To Quash Non-Party Subpoena, Elizabeth E. Long
Gordon Jones, Ii Order Denying Defendants' Motion To Quash Non-Party Subpoena, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Scope Of Party Autonomy In International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti
The Scope Of Party Autonomy In International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti
LLM Theses
Transnational contracts are almost inevitable in the world today. It follows that a system of law must govern the resolution of disputes that arise from the contracts. The freedom of parties to choose a law that regulates transnational contracts is recognized by most countries as party autonomy. However, the extent of this autonomy has been controversial. This thesis unravels the controversy surrounding the doctrine of party autonomy and, more importantly, provides another perspective to the argument – that the application and scope of party autonomy in countries is determined by historical, colonial, economic, and religious factors. It uses this as …
Competing With Noncompetes: Increasing Restrictions On The Use Of Employment Noncompetition Agreements In New York, Michael A. E. Neville
Competing With Noncompetes: Increasing Restrictions On The Use Of Employment Noncompetition Agreements In New York, Michael A. E. Neville
Brooklyn Journal of Corporate, Financial & Commercial Law
The New York City Council and the former New York State Attorney General recently proposed legislation restricting the use of noncompetition agreements by employers with low-wage employees. While this proposed legislation demonstrates a step following other progressive states that have already restricted the use of noncompetition agreements, recent federal litigation has revealed the loopholes that New York employers may unfairly utilize, such as garden leave provisions, if restrictions are not placed on both employers of low-wage and high-wage employees. This Note recommends that pending legislation be passed only after a thorough revision that focuses on both low-wage and high-wage employees …
The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May
The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May
Law Faculty Articles and Essays
I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.
Milking The Estate, David R. Hague
Milking The Estate, David R. Hague
Faculty Articles
Recent Chapter 7 bankruptcy cases are exposing a widespread problem. Chapter 7 trustees are retaining their own law firms to represent them and then in clear breach of their fiduciary duties to creditors-requesting illegitimate legal fees to be paid by the estate. This practice is immoral and particularly harmful to creditors. Indeed, every dollar paid to the trustee and his firm is a dollar that will not be distributed to creditors. The Bankruptcy Code, remarkably, allows a trustee to retain his own law firm to represent him in his capacity as a trustee. But this inherently conflicted arrangement is not …
Deal Structure, Cathy Hwang, Matthew Jennejohn
Deal Structure, Cathy Hwang, Matthew Jennejohn
Northwestern University Law Review
Modern commercial contracts—those governing mergers and acquisitions and financial derivatives, for instance—have become structurally complex and interconnected. Yet contract law largely ignores structural complexity. This Article develops a theory of “contractual structuralism” to explain the important role of structure in every aspect of contract law, from the design of a contract to courts’ interpretation and enforcement.
For generations, scholars have debated whether a court should consider only the text of a contract or also consider broader context to determine parties’ intent. More recently, scholars have shown that parties can choose between textual and contextual interpretation by drafting a contract provision …
In Consumer Protection We Trust? Re-Thinking The Legal Framework For Country Of Origin Cases, Shmuel I. Becher, Jessica C. Lai
In Consumer Protection We Trust? Re-Thinking The Legal Framework For Country Of Origin Cases, Shmuel I. Becher, Jessica C. Lai
San Diego Law Review
Markets are becoming more complicated in an ever faster changing world. New findings pertaining to human behavior and consumer markets constantly challenge traditional legal and policy assumptions. Social science offers a myriad of insights into the ways trust, identity, ideology, and preferences interact and impact one another. Against this background, the need to advance a nuanced legal framework is increasingly vital.
Consumer law policy requires an interdisciplinary and holistic approach. Recent scholarship has acknowledged this need, proposing novel ways to enrich the academic discourse and develop consumer law policy. Along these lines, a growing body of literature examines how notions …
Bernard Bronner Order Denying Motion To Strike, Melvin Westmoreland
Bernard Bronner Order Denying Motion To Strike, Melvin Westmoreland
Georgia Business Court Opinions
No abstract provided.
Robert D. Scarborough, Jr. Et Al., Order On Baker Donelson Defendants' Motion For Judgment On The Pleadings, Elizabeth E. Long
Robert D. Scarborough, Jr. Et Al., Order On Baker Donelson Defendants' Motion For Judgment On The Pleadings, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Tara Scott Et Al., Order On Pending Motions, Elizabeth E. Long
Tara Scott Et Al., Order On Pending Motions, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida
Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida
Pace International Law Review
Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a …
Shores V. Global Experience Specialists, Inc., 134 Nev. Adv. Op. 61 (Aug. 2, 2018), Natice Locke
Shores V. Global Experience Specialists, Inc., 134 Nev. Adv. Op. 61 (Aug. 2, 2018), Natice Locke
Nevada Supreme Court Summaries
The Court considered whether the employer demonstrated a likelihood of success on the merits to uphold a noncompete agreement that prevented the employee from working anywhere in the United States, despite the employer not having established business contacts for such a wide area. Further, it considered whether the employer made the requisite prima facie showing that the noncompete agreement was reasonable in its terms and scope to warrant a likelihood of success on the merits. Because the employer was not able to make a prima facie case, the Court reversed the district court’s decision.
Governing Land Investments: Do Governments Have Legal Support Gaps?, Sam Szoke-Burke, Kaitlin Y. Cordes
Governing Land Investments: Do Governments Have Legal Support Gaps?, Sam Szoke-Burke, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes?
CCSI researched how host governments access legal support in the planning, negotiation, and monitoring of land investments, with a view to better understanding where legal support gaps for governments exist, and how these can be addressed by governments themselves, as well as by donors, support providers and investors.
By scrutinizing “legal support gaps,” CCSI sought to identify possible weak …
The Contract Dispute Act's Statute Of Limitations: The Failure To Deliver Procedural Predictability, Peter M. Casey
The Contract Dispute Act's Statute Of Limitations: The Failure To Deliver Procedural Predictability, Peter M. Casey
Texas A&M Journal of Property Law
The Contract Disputes Act of 1978 (“CDA”) governs disputes “relating to a contract” between federal executive agencies and contractors. It establishes the process for parties to seek administrative remedies for claims under covered contracts. It also limits the right to judicial review of agency decisions to specific “boards of contract appeals” (“BCA”) and the United States Court of Federal Claims (“COFC”). According to the CDA’s sponsors, Congress enacted the law to bring reliability and order to a hodgepodge of conflicting and inconsistent rules for adjudicating contract disputes used by the various executive agencies. The law aimed to simplify the process …
Tara Scott Et Al., Order On Certain Pending Motions, Elizabeth E. Long
Tara Scott Et Al., Order On Certain Pending Motions, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
William Butler Et Al., Order Staying The Case, Melvin K. Westmoreland
William Butler Et Al., Order Staying The Case, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Omar Abdel-Aleem Et Al., Order On Pending Motions, Melvin K. Westmoreland
Omar Abdel-Aleem Et Al., Order On Pending Motions, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Tara Scott Et Al., Order Regrading Timeliness Of Plaintiffs Bailey M. Carter And Mary Wilson Carter's Claims, Elizabeth E. Long
Tara Scott Et Al., Order Regrading Timeliness Of Plaintiffs Bailey M. Carter And Mary Wilson Carter's Claims, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Robert D. Scarborough, Jr. Et Al., Order Denying Defendants’ Motion To Compel, Elizabeth E. Long
Robert D. Scarborough, Jr. Et Al., Order Denying Defendants’ Motion To Compel, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Robert D. Scarborough Jr. Et Al., Order On Plaintiffs' Motion To Disqualify Banker Donelson, Llp As Counsel For The Defendants, Elizabeth E. Long
Robert D. Scarborough Jr. Et Al., Order On Plaintiffs' Motion To Disqualify Banker Donelson, Llp As Counsel For The Defendants, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Trewin Homes, Llc, Order On Defendants’ Motion To Compel, Melvin K. Westmoreland
Trewin Homes, Llc, Order On Defendants’ Motion To Compel, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Forum Selection Clauses And Consumer Contracts In Canada, Tanya Monestier
Forum Selection Clauses And Consumer Contracts In Canada, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
The Best And Worst Of Contracts Decisions: An Anthology, Nathan B. Oman, Daniel Barnhizer, Scott J. Burnham, Charles R. Calleros, Larry T. Garvin, Nadelle Grossman, F. E. Guerra-Pujol, Jeffrey L. Harrison, Hila Keren, Michael P. Malloy, Daniel P. O'Gorman, Deborah Post, Val Ricks, Rachel Arnow-Richman, Richard R. Carlson, Mark P. Gergen, Kenney Hegland, Nancy S. Kim, Jean Fleming Powers, Cheryl B. Preston
The Best And Worst Of Contracts Decisions: An Anthology, Nathan B. Oman, Daniel Barnhizer, Scott J. Burnham, Charles R. Calleros, Larry T. Garvin, Nadelle Grossman, F. E. Guerra-Pujol, Jeffrey L. Harrison, Hila Keren, Michael P. Malloy, Daniel P. O'Gorman, Deborah Post, Val Ricks, Rachel Arnow-Richman, Richard R. Carlson, Mark P. Gergen, Kenney Hegland, Nancy S. Kim, Jean Fleming Powers, Cheryl B. Preston
Faculty Publications
Five hundred years ago, the common law of contract was without substance. It was form-procedure. Plaintiffs picked a form of action, and common law judges made sure someone besides themselves answered all the hard questions; the parties, a jury, or a ritual determined the winner and the remedy. Judges ran a switch on a conflicts-resolution railway. Thomas More, when Chancellor of England (1529-33), urged judges to lay tracks and control the trains. The problem, he said, was that the judges, "by the verdict of the jury[,] cast off all quarrels from themselves." The judges soon assumed greater authority, taking responsibility …
The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, Et Al.
The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, Et Al.
Florida State University Law Review
The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract law theory that enriches our thinking about and grounding for contract law norms. But the real work of common law development has always occurred in the trenches-in judicial decisions. In those trenches and on the framework built there, some decisions matter far more than others, and …
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
St. John's Law Review
(Excerpt)
This Article posits that narrative theory can assist the transactional lawyer in walking this tightrope effectively and ethically.
Specifically, this Article proceeds to show that the use of narrative techniques, specifically those proposed by Walter Fisher, can assist transactional lawyers: (1) in understanding their clients’ goals more fully; (2) in more effectively advancing their clients’ goals through persuasion; and (3) in creating complete, holistic documents to govern the proposed deal. As such, the appropriate use of narrative techniques and understanding of narrative theory can enhance the skills of transactional lawyers, and improve client outcomes.
This Article proceeds in three …
The Strategy Of Boilerplate, Robert B. Ahdieh
The Strategy Of Boilerplate, Robert B. Ahdieh
Robert B. Ahdieh
Boilerplate can be exciting. It is this, perhaps hard-to-swallow, proposition that the present analysis attempts to convey. Particularly in invoking the work of Thomas Schelling on the role of focal points in coordination games, it offers what can be characterized as a "strategic" theory of boilerplate, in which boilerplate plays an active, even aggressive, role.
Contrary to the relatively inert quality of boilerplate implied by conventional treatments in the legal literature, boilerplate may serve essential signaling and coordination functions in contract bargaining. In appropriate circumstances, its proposed usage may be a valuable weapon in the arsenal of a bargaining party, …