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Articles 1 - 21 of 21
Full-Text Articles in Law
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Louise Harmon
No abstract provided.
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Honoring Our Silent Neighbors To The South: The Problem Of Abandoned Or Forgotten Asylum Cemeteries, Louise Harmon
Touro Law Review
No abstract provided.
Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr
Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr
Faculty Works
The Huron Indian Cemetery sits on a hill above the confluence of the Missouri and Kansas Rivers. It is several acres of predominant green, with grass, mature trees, and modest, weathered grave stones, surrounded by the sterile concrete of a struggling Midwestern city. Desultory businesses, colorless governmental offices, a casino, and strong evidence of poverty and vandalism lap at the shores of the small sanctuary. Yet despite the drab and essential joylessness of the encircling faded modernity, the cemetery holds a surprising sense of peace and even timelessness. The serenity may seem incongruous, not only because of the tawdry surroundings, …
The New York Limited Liability Company Law At Twenty: Past, Present & Future, Meredith R. Miller
The New York Limited Liability Company Law At Twenty: Past, Present & Future, Meredith R. Miller
Meredith R. Miller
The New York Limited Liability Company Law (“LLC Law”) has turned 20. This occasion presents an opportunity to reflect on its past, present and future.
The New York Limited Liability Company Law At Twenty: Past, Present & Future, Meredith R. Miller
The New York Limited Liability Company Law At Twenty: Past, Present & Future, Meredith R. Miller
Touro Law Review
The New York Limited Liability Company Law (“LLC Law”) has turned 20. This occasion presents an opportunity to reflect on its past, present and future.
An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves
An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves
Touro Law Review
The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Scholarly Works
Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Scholarly Works
Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
Penalty Clauses And The Cisg, Jack Graves
Penalty Clauses And The Cisg, Jack Graves
Scholarly Works
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …
Penalty Clauses And The Cisg, Jack Graves
Penalty Clauses And The Cisg, Jack Graves
Scholarly Works
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky
Peter Zablotsky
No abstract provided.
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan
Scholarly Works
No abstract provided.
Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves
Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves
Scholarly Works
CISG Article 6 broadly allows parties to exclude the application of the CISG or derogate from its provisions. The application of Article 6 is relatively straightforward when addressing the rights and obligations of the parties, but encounters a challenge of circularity when addressing issues of contract formation. How can the parties agree to exclude or derogate from the application of the CISG if it is not yet clear whether they have agreed to anything at all? This article explores this narrow, but important question. Can the parties effectively exclude the application of the CISG or derogate from its provisions (i.e., …
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Scholarly Works
Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
Scholarly Works
No abstract provided.
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky
Scholarly Works
No abstract provided.
The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan
The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan
Scholarly Works
No abstract provided.
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Scholarly Works
No abstract provided.
Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves
Scholarly Works
No abstract provided.
Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong
Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong
Florida State University Law Review
No abstract provided.
Church Cemeteries In The American Law, Carl Zollmann
Church Cemeteries In The American Law, Carl Zollmann
Michigan Law Review
One of the most usual sights in any rural community in the United States is a church edifice with a cemetery in the immediate neighborhood. This condition of affairs, where a church society antedates the municipal corporation within whose limits it exists, can even occasionally be found in populous cities. Such cases, however, are fast disappearing. The demands of commerce and the doctrines of modern sanitation are too strong to be resisted. When a cemetery situated in the heart of a city is not abandoned on account of the monetary inducements held out by commercial interests, the law-making power of …