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Articles 1 - 13 of 13
Full-Text Articles in Law
New York's Requirements For Contractual Definiteness With Application To The Formation Of Investment Vehicles, Royce De R. Barondes
New York's Requirements For Contractual Definiteness With Application To The Formation Of Investment Vehicles, Royce De R. Barondes
Faculty Publications
A review of 82 modern New York cases reveals an unexpected frequency of authority requiring contractual definiteness as to what may reasonably appear to be minor terms.
Illustrative are cases holding inadequately definite ordinary ways preliminary agreements may express compensation on a percentage of net basis. Other unexpected authority (i) is less willing than expected to allow subsequent actions to provide sufficient definiteness to initially indefinite agreements and (ii) denies the enforceability of confidentiality provisions and a right of first refusal.
The survey includes some unexpected support for contracts specifying a plausibly material portion of the consideration with inadequate definiteness …
A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis
A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis
Marquette Sports Law Review
None
Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French
Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French
Journal Articles
In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of black holes comes from theoretical physics. Under the original hypothesis, the gravitational pull of a black hole is so strong that once light or information is pulled past an event horizon into a black hole, it cannot escape. In recent years, the theory has been reformulated and now the hypothesis is that some information can escape, but it is so degraded that it is virtually …
Civil Practice And Procedure, Christopher S. Dadak
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
This article examines developments in Virginia civil procedure and practice in the past year. The survey includes a discussion of the relevant decisions from the Supreme Court of Virginia, changes to applicable rules of practice or procedure, and new legislation, which will likely affect the practice of a civil practitioner in the Commonwealth of Virginia.
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy S. Kim, D. A. Telman
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy S. Kim, D. A. Telman
Missouri Law Review
Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …
The Employee's Contractual Duty Of Fidelity, Andrew Frazer
The Employee's Contractual Duty Of Fidelity, Andrew Frazer
Faculty of Law, Humanities and the Arts - Papers (Archive)
[not published: supplied by author] Although the implied contractual duty of employees to serve with fidelity and good faith has long been recognised, its origins have been unclear. It is usually dated from a series of cases in the late nineteenth century. It has been contended that this duty is really a transmogrified form of fiduciary duty. This article shows that the duty of fidelity is not only considerably older than usually recognised, but has been formulated by the courts in a consistent manner and relying exclusively on contract principles. Recent decisions which distinguish contractual and fiduciary obligations are not …
The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar
The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar
Touro Law Review
No abstract provided.
Contractual Expansion Of Judicial Review Of Arbitration Awards In Missouri After Hall Street And Cable Connection, Benjamin A. Griffith
Contractual Expansion Of Judicial Review Of Arbitration Awards In Missouri After Hall Street And Cable Connection, Benjamin A. Griffith
Saint Louis University Law Journal
No abstract provided.
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
Faculty Working Papers
If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …
Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber
Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber
Cleveland State Law Review
It is well-settled that arbitration in the employment context is favored by the courts, and that there is a federal policy favoring arbitration agreements, in general. However, jury waivers outside of arbitration in the employment context are still a relatively novel idea in some jurisdictions, despite the fact that an arbitration agreement itself inherently prevents the employee from having a jury trial. The Sixth Circuit Court of Appeals, as well as the Ohio Supreme Court, have yet to determine if jury waivers in employment contracts are binding. This paper will assess contractual jury trial waivers in the employment context as …
Priority Contracts And Priority In Bankruptcy , Alan Schwartz
Priority Contracts And Priority In Bankruptcy , Alan Schwartz
Cornell Law Review
No abstract provided.
No (Easy) Way Out: “Liquidating” Stipulated Damages For Contractor Delay In Public Construction Contracts, Scott M. Tyler
No (Easy) Way Out: “Liquidating” Stipulated Damages For Contractor Delay In Public Construction Contracts, Scott M. Tyler
Duke Law Journal
No abstract provided.
Restating The Reliance Interest, Robert E. Hudec
Restating The Reliance Interest, Robert E. Hudec
Cornell Law Review
No abstract provided.