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Full-Text Articles in Law

De Facto Shareholder Primacy, Jeff Schwartz Jan 2020

De Facto Shareholder Primacy, Jeff Schwartz

Maryland Law Review

No abstract provided.


“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu Dec 2015

“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Maryland Law Review

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …


Cyber Commodification, Miriam A. Cherry Jan 2013

Cyber Commodification, Miriam A. Cherry

Maryland Law Review

No abstract provided.


From Lord Coke To Internet Privacy: The Past, Present, And Future Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds Jan 2013

From Lord Coke To Internet Privacy: The Past, Present, And Future Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract …


Love And Contracts In Don Quixote, Martha M. Ertman Jan 2013

Love And Contracts In Don Quixote, Martha M. Ertman

Faculty Scholarship

Viewing love as a contract seems, initially, like mistaking windmills for giants, or a peasant girl for a grand lady. This chapter seeks, like Don Quixote, to convince readers to suspend their practiced views of everyday relationships in order to see them in a new light. What seems crazy at first glance may come to look as good, and sometimes better, than the more conventional view. As a law professor, I usually write about love and contracts by focusing on legal opinions and statutes, and recently I have added real-life stories from books and newspapers, as well as my …


From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds Jan 2013

From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Maryland Law Review

No abstract provided.


The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman Jan 2010

The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman

Faculty Scholarship

Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains why fault occasionally slips into contract law through doctrines such as willful breach. This chapter of FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porot, eds, Cambridge U. Press, forthcoming 2010) argues that the official and unofficial stories operate in productive tension to both facilitate ex ante planning and, when necessary, look backward at reasons for breach to reach a just result. The occasional presence of fault in contract law, in this view, represents merely one more instance of the common doctrinal pattern of …


Copyright Preemption Of Contracts, Christina Bohannan Jan 2008

Copyright Preemption Of Contracts, Christina Bohannan

Maryland Law Review

No abstract provided.


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds Jan 2007

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.


Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman Jan 2007

Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman

Faculty Scholarship

Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman’s Afterword to the University of Arizona symposium on Mapping the Frontiers of Private Ordering situates the symposium papers within a larger positive and normative discourse. Suggesting that “private ordering” better describes the current reach of contractual thinking, she contends that, the symposium papers depart from conventional wisdom by examining the upside of private ordering for have-nots. While some of the contributions warn of dangers to employees and other systemically disadvantaged parties from full throttle contractualization, even the protections by the most skeptical scholar fall comfortably …


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Jan 2006

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.


The Elasticity Of Contract, Martha M. Ertman Jan 2006

The Elasticity Of Contract, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Accrued Financial Services, Inc. V. Prime Retail, Inc.: Resurrecting Barratry Imposes Detour On Road To Modernization Of Maryland Contracts Jurisprudence, Ross Q. Panko Jan 2003

Accrued Financial Services, Inc. V. Prime Retail, Inc.: Resurrecting Barratry Imposes Detour On Road To Modernization Of Maryland Contracts Jurisprudence, Ross Q. Panko

Maryland Law Review

No abstract provided.


Law And Equity In Contract Enforcement, Emily L. Sherwin Jan 1991

Law And Equity In Contract Enforcement, Emily L. Sherwin

Maryland Law Review

No abstract provided.


Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson Jan 1989

Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy Jan 1982

Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy

Maryland Law Review

No abstract provided.


Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish Jan 1964

Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish

Maryland Law Review

No abstract provided.


Incorporation By Reference In Commercial Contracts, Robert Whitman Jan 1961

Incorporation By Reference In Commercial Contracts, Robert Whitman

Maryland Law Review

No abstract provided.


Judicial Termination Of A Contract - Recovery For Partial Performance Of An Entire Contract After Breach - Bright V. Ganas Jan 1937

Judicial Termination Of A Contract - Recovery For Partial Performance Of An Entire Contract After Breach - Bright V. Ganas

Maryland Law Review

No abstract provided.


Ultra Vires Contracts Of Corporations In Maryland Jan 1937

Ultra Vires Contracts Of Corporations In Maryland

Maryland Law Review

No abstract provided.