Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Arbitration (1)
- Bremen v. Zapata (1)
- Brussels Regime (1)
- Carnival Cruise Lines (1)
- Choice of law (1)
-
- Comparative (1)
- Comparative Law (1)
- Conflict of Laws (1)
- Contracts (1)
- Dispute Resolution (1)
- Forum selection clauses (1)
- Freedom of contract (1)
- General Law (1)
- Hague Convention on Choice of Court Agreements (1)
- International (1)
- International Law (1)
- International Trade (1)
- Interpretation (1)
- Jurisdiction (1)
- New York Arbitration Convention (1)
- Panama Convention (1)
- Practice and Procedure (1)
- Public policy (1)
- Punitive damages (1)
- Remedies (1)
- Trade Regulation (1)
- Publication Year
Articles 1 - 18 of 18
Full-Text Articles in Law
Walking The Regulatory Tightrope: Balancing Bullies’ Free Speech Rights Against The Rights Of Victims To Be Let Alone When Regulating Off Campus K-12 Student Cyber-Speech, Lisa Smith-Butler
Walking The Regulatory Tightrope: Balancing Bullies’ Free Speech Rights Against The Rights Of Victims To Be Let Alone When Regulating Off Campus K-12 Student Cyber-Speech, Lisa Smith-Butler
Lisa Smith-Butler
No abstract provided.
Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal
Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
Forum selection clauses (“FSC”) are very common in both domestic and international contracts. In Bremen v. Zapata Off-Shore Company (“Bremen”), 407 U.S. 1 (1972), the Supreme Court established basic standards for the enforceability of such clauses. Relying on Bremen standards, courts today generally enforce FSC. However, the vagueness of Bremen standards leaves room for a party to resist enforcement. The result may be delay and inefficiency. The Supreme Court has said that arbitration clause is a form of FSC, but it has applied different standards for the enforcement of arbitration clauses from FSC. This article argues for a reformulation of …
Ethics Watch, South Carolina Lawyer, 2008 And Ongoing, Nathan M. Crystal
Ethics Watch, South Carolina Lawyer, 2008 And Ongoing, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.
Bad Faith In North Carolina Insurance Contracts : A Growing Part Of Insurance Practice, Constance A. Anastopoulo
Bad Faith In North Carolina Insurance Contracts : A Growing Part Of Insurance Practice, Constance A. Anastopoulo
Constance A. Anastopoulo
No abstract provided.
Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman
Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman
Sheila Scheuerman
No abstract provided.
Instructing Juries On Punitive Damages: Due Process Revisited After Philip Morris V. Williams, Sheila B. Scheuerman, Anthony J. Franze
Instructing Juries On Punitive Damages: Due Process Revisited After Philip Morris V. Williams, Sheila B. Scheuerman, Anthony J. Franze
Sheila Scheuerman
No abstract provided.
Two Worlds Collide: How The Supreme Court's Recent Punitive Damages Decisions Affect Class Actions, Sheila B. Scheuerman
Two Worlds Collide: How The Supreme Court's Recent Punitive Damages Decisions Affect Class Actions, Sheila B. Scheuerman
Sheila Scheuerman
No abstract provided.
The Road Not Taken: Would Application Of The Excessive Fines Clause To Punitive Damages Have Made A Difference?, Sheila B. Scheuerman
The Road Not Taken: Would Application Of The Excessive Fines Clause To Punitive Damages Have Made A Difference?, Sheila B. Scheuerman
Sheila Scheuerman
No abstract provided.
Law Librarianship In The 21st Century,, Lisa Smith-Butler
Law Librarianship In The 21st Century,, Lisa Smith-Butler
Lisa Smith-Butler
No abstract provided.
The Consumer Fraud Class Action: Reining In Abuse By Requiring Plaintiffs To Allege Reliance As An Essential Element, Sheila B. Scheuerman
The Consumer Fraud Class Action: Reining In Abuse By Requiring Plaintiffs To Allege Reliance As An Essential Element, Sheila B. Scheuerman
Sheila Scheuerman
This article argues that the recent rise in consumer fraud class action lawsuits is tied to the concomitant failure of many state courts to require reliance during class certification. The Article also provides a detailed history of the FTC, the subsequent rise in consumer fraud statutes and the early failure of both federal and state government agencies to adequately pursue violations of these laws.
Instructing Juries On Punitive Damages: Due Process Revisited After State Farm, Sheila B. Scheuerman, Anthony J. Franze
Instructing Juries On Punitive Damages: Due Process Revisited After State Farm, Sheila B. Scheuerman, Anthony J. Franze
Sheila Scheuerman
No abstract provided.
False Testimony By Criminal Defendants: Still Unanswered Ethical And Constitutional Questions, Nathan M. Crystal
False Testimony By Criminal Defendants: Still Unanswered Ethical And Constitutional Questions, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.
Limitations On Zealous Representation In An Adversarial System, Nathan M. Crystal
Limitations On Zealous Representation In An Adversarial System, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.
Disqualification Of Counsel For Unrelated Matter Conflicts Of Interest, Nathan M. Crystal
Disqualification Of Counsel For Unrelated Matter Conflicts Of Interest, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.
Securities Arbitration: Is Required For Arbitration Fair Investors?, J. Kirkland Grant
Securities Arbitration: Is Required For Arbitration Fair Investors?, J. Kirkland Grant
J. Kirkland Grant
No abstract provided.
An Empirical View Of Relational Contracts Under Article Two Of The Uniform Commercial Code, Nathan M. Crystal
An Empirical View Of Relational Contracts Under Article Two Of The Uniform Commercial Code, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.
Confidentiality Under The Model Rules Of Professional Conduct, Nathan M. Crystal
Confidentiality Under The Model Rules Of Professional Conduct, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.
Ethical Problems In Marital Practice, Nathan M. Crystal
Ethical Problems In Marital Practice, Nathan M. Crystal
Nathan M. Crystal
No abstract provided.