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Articles 1 - 30 of 36
Full-Text Articles in Law
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Cornell Law Faculty Working Papers
Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …
Community Benefits Agreements: Can Private Contracts Replace Public Responsibility, Naved Sheikh
Community Benefits Agreements: Can Private Contracts Replace Public Responsibility, Naved Sheikh
Cornell Journal of Law and Public Policy
No abstract provided.
Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin
Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin
Cornell Law Faculty Publications
We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use in consumer contracts with their use in the same firms' nonconsumer contracts. Over three-quarters of the consumer agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts included arbitration clauses. The absence of arbitration provisions in nearly all material contracts suggests that, ex ante, many firms value, even prefer, litigation over arbitration to resolve disputes with peers. …
Do Juries Add Value?: Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller
Do Juries Add Value?: Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
We study jury trial waivers in a data set of 2,816 contracts contained as exhibits in Form 8-K filings by reporting corporations during 2002. Because these contracts are associated with events deemed material to the financial condition of SEC-reporting firms, they likely are carefully negotiated by sophisticated, well-informed parties and thus provide presumptive evidence about the value associated with the availability of jury trials. Only a small minority of contracts, about 20 percent, waived jury trials. An additional nine percent of contracts had arbitration clauses that effectively preclude jury trials though the reason for arbitration clauses need not specifically relate …
On-Line Consumer Standard-Form Contracting Practices: A Survey And Discussion Of Legal Implications, Robert A. Hillman
On-Line Consumer Standard-Form Contracting Practices: A Survey And Discussion Of Legal Implications, Robert A. Hillman
Cornell Law Faculty Publications
In a recent article, Standard-Form Contracting in the Electronic Age, 77 N.Y.U. L. Rev. 429 (2002), Jeffery Rachlinski and I analyzed whether contract law's approach to the problem of paper standard forms can effectively govern electronic forms. We thought the rational and cognitive reasons consumers fail to read their paper forms apply in the e-environment. Further, although e-consumers do not face manipulative sales agents or impatient customers waiting in line but, instead, largely contract at home in the evening without time constraints, e-consumers are impatient, even click happy, and therefore still do not read their forms or shop for the …
Contract Law And Decisions On Costs, Marco Stacher
Contract Law And Decisions On Costs, Marco Stacher
Cornell Law School J.D. Student Research Papers
The national statutes on international commercial arbitration, the leges arbitri, do, as a rule, not contain provisions on costs. In the final award, an arbitrator has to determine the costs of the arbitration (the fees of the arbitral tribunals, of expert witnesses mandated by the arbitral tribunal etc.), which cost incurred by the parties during the arbitration are recoverable and which party has to bear what share of the costs. A decision on these issues forms part of the ordinary course of an arbitration. Further cost-related issues may arise due to the peculiarities of the case, such as a refusal …
Bargaining Or Biology - The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Bargaining Or Biology - The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Cornell Journal of Law and Public Policy
No abstract provided.
Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer, Jennifer Ferragut
Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer, Jennifer Ferragut
Cornell Journal of Law and Public Policy
No abstract provided.
Secured Transactions Inside Out: Negative Pledge Covenants Property And Perfection , Carl S. Bjerre
Secured Transactions Inside Out: Negative Pledge Covenants Property And Perfection , Carl S. Bjerre
Cornell Law Review
No abstract provided.
Status Quo Bias And Contract Default Rules , Russell Korobkin
Status Quo Bias And Contract Default Rules , Russell Korobkin
Cornell Law Review
No abstract provided.
Promises Of Silence: Contract Law And Freedom Of Speech , Alan E. Garfield
Promises Of Silence: Contract Law And Freedom Of Speech , Alan E. Garfield
Cornell Law Review
No abstract provided.
Waning Of Promissory Estoppel , Phuong N. Pham
Waning Of Promissory Estoppel , Phuong N. Pham
Cornell Law Review
No abstract provided.
Growing A Legal System In The Post-Communist Economies, Paul H. Rubin
Growing A Legal System In The Post-Communist Economies, Paul H. Rubin
Cornell International Law Journal
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Cornell Law Review
No abstract provided.
Death Of Contract And The Rise Of Tort , Robert H. Bork
Death Of Contract And The Rise Of Tort , Robert H. Bork
Cornell Law Review
No abstract provided.
Finance Lease Hell Or High Water Clause And Third Party Beneficiary Theory In Article 2a Of The Uniform Commercial Code , Peter Breslauer
Finance Lease Hell Or High Water Clause And Third Party Beneficiary Theory In Article 2a Of The Uniform Commercial Code , Peter Breslauer
Cornell Law Review
No abstract provided.
Role Of Reliance In Contract Damages , W. David Slawson
Role Of Reliance In Contract Damages , W. David Slawson
Cornell Law Review
No abstract provided.
Dialogue About The Doctrine Of Consideration , James D. Gordon Iii
Dialogue About The Doctrine Of Consideration , James D. Gordon Iii
Cornell Law Review
No abstract provided.
Forum Selection Clauses Designating Foreign Courts: Does Federal Or State Law Govern Enforceability In Diversity Cases—A Question Left Open By Stewart Organization, Inc. V. Ricoh Corp., Matthew W. Lampe
Cornell International Law Journal
No abstract provided.
Nexus Of Contracts Corporation: A Critical Appraisal , William W. Bratton Jr.
Nexus Of Contracts Corporation: A Critical Appraisal , William W. Bratton Jr.
Cornell Law Review
No abstract provided.
Ucc Section 2-719: Limited Remedies And Consequential Damage Exclusions , Kathryn I. Murtagh
Ucc Section 2-719: Limited Remedies And Consequential Damage Exclusions , Kathryn I. Murtagh
Cornell Law Review
No abstract provided.
Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono
Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono
Cornell International Law Journal
No abstract provided.
Review Of Standard Forms Or Terms Under The Vienna Convention, E. Allan Farnsworth
Review Of Standard Forms Or Terms Under The Vienna Convention, E. Allan Farnsworth
Cornell International Law Journal
No abstract provided.
The Borderland Of Tort And Contract—Opening A New Frontier, Peter Schlechtriem
The Borderland Of Tort And Contract—Opening A New Frontier, Peter Schlechtriem
Cornell International Law Journal
No abstract provided.
Title 14 New York Choice Of Law Rule For Contractual Disputes: Avoiding The Unreasonable Results , Barry W. Rashkover
Title 14 New York Choice Of Law Rule For Contractual Disputes: Avoiding The Unreasonable Results , Barry W. Rashkover
Cornell Law Review
No abstract provided.
Diligentia Quam In Suis: A Standard Of Contractual Liability From Ancient Roman To Modern Soviet Law, Herbert Hausmaninger
Diligentia Quam In Suis: A Standard Of Contractual Liability From Ancient Roman To Modern Soviet Law, Herbert Hausmaninger
Cornell International Law Journal
No abstract provided.
An Analysis Of The Cessation Of Contractual Relations, Robert A. Hillman
An Analysis Of The Cessation Of Contractual Relations, Robert A. Hillman
Cornell Law Review
No abstract provided.
Contract Modification Under The Restatement (Second) Of Contracts, Robert A. Hillman
Contract Modification Under The Restatement (Second) Of Contracts, Robert A. Hillman
Cornell Law Review
No abstract provided.
Robert Braucher And The Restatement (Second) Of Contracts, Arthur Taylor Von Mehren
Robert Braucher And The Restatement (Second) Of Contracts, Arthur Taylor Von Mehren
Cornell Law Review
No abstract provided.
Principles Of Consideration, Melvin Aron Eisenberg
Principles Of Consideration, Melvin Aron Eisenberg
Cornell Law Review
No abstract provided.