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Full-Text Articles in Law
Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia SáNchez Abril, Nicholas Greene
Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia SáNchez Abril, Nicholas Greene
Washington and Lee Law Review
Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet’s ability to broadcast widely and permanently, has put everyone’s off-duty speech, conduct, and reputation under the microscope. Media reports detailing people’s digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates—and are increasingly binding them to morality …
Customized Procedure In Theory And Reality, W. Mark C. Weidemaier
Customized Procedure In Theory And Reality, W. Mark C. Weidemaier
Washington and Lee Law Review
Contract theory has long posited that parties can maximize contract value by manipulating the procedural rules that will apply if there is a dispute. Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process. In time, this theoretical insight became a matter of faith. The assumption that contracts routinely alter procedural rules spawned debate over the normative implications of allowing parties to dictate procedure. Only recently have a few studies suggested that this debate may lack a firm empirical foundation. …
Vertical Boilerplate, James Gibson
Vertical Boilerplate, James Gibson
Washington and Lee Law Review
Despite what we learn in law school about the “meeting of the minds,” most contracts are merely boilerplate—take-it-or-leave-it propositions. Negotiation is nonexistent; we rely on our collective market power as consumers to regulate contracts’ content. But boilerplate imposes certain information costs because it often arrives late in the transaction and is hard to understand. If those costs get too high, then the market mechanism fails. So how high are boilerplate’s information costs? A few studies have attempted to measure them, but they all use a “horizontal” approach—i.e., they sample a single stratum of boilerplate and assume that it represents the …
Freedom Of Contract And The Securities Laws: Opting Out Of Securities Regulation By Private Agreement, Elaine A. Welle
Freedom Of Contract And The Securities Laws: Opting Out Of Securities Regulation By Private Agreement, Elaine A. Welle
Washington and Lee Law Review
No abstract provided.
Freedom Of Contract: The Trojan Horse Of Rule 10b-5, Margaret V. Sachs
Freedom Of Contract: The Trojan Horse Of Rule 10b-5, Margaret V. Sachs
Washington and Lee Law Review
No abstract provided.
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Washington and Lee Law Review
No abstract provided.
Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher
Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher
Washington and Lee Law Review
No abstract provided.
Exculpatory Clauses In Tug Assistance Contracts
Exculpatory Clauses In Tug Assistance Contracts
Washington and Lee Law Review
No abstract provided.
Effect Of Public Policy Upon Reward Offers
Effect Of Public Policy Upon Reward Offers
Washington and Lee Law Review
No abstract provided.
Contracts-Partial Enforceability Of Unreasonably Broad Covenant Of Vendor Not To Compete With Purchaser Of Business
Washington and Lee Law Review
No abstract provided.
Damages-Extent To Which Earnings Of Employee After Wrongful Discharge Apply In Mitigation Of Damages For Breach Of Contract
Washington and Lee Law Review
No abstract provided.