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Articles 1 - 5 of 5
Full-Text Articles in Contracts
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien
Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien
Indiana Law Journal
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo
Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo
UIC Law Review
No abstract provided.
Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch
Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch
Vanderbilt Law Review
Within the past decade, professional organizations interested in making the law better suited to commercial transactions have begun to advocate the proposition that contracting parties should have almost unlimited power to choose the law to govern their relationship. The new choice-of-law framework resulting from these reform efforts will provide parties with an expanded menu of legal regimes from which to choose when drafting their contract and, in turn, will lead to a more frequent use of choice-of-law clauses. Indeed, some have even suggested that omitting such a clause may soon become malpractice for the commercial lawyer. Given both the trend …