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Articles 1 - 30 of 70
Full-Text Articles in Contracts
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
American University International Law Review
Courts in the United States are fond of analogizing treaties to contracts. The U.S. Supreme Court has done so on numerous occasions, as have nearly all federal circuit courts. Indeed, the treaty-as-contract trope has permeated U.S. legal discourse since at least the early 1800s when Chief Justice John Marshall wrote in Foster v. Neilson that “[a] treaty is in its nature a contract between two nations, not a legislative act.”
Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt
Articles in Law Reviews & Other Academic Journals
After five installments, we can end our discussion of contract boilerplate. We have slashed the outdated language and emerged as a clear and contemporary legal writer. Be willing to adapt what has worked well in the past because change is the foundation of human ingenuity.
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iv, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iv, David Spratt
Articles in Law Reviews & Other Academic Journals
We have belabored the archaic and prohibited use of "said" as a synonym for "the." But this paragraph needs more work. First, the phrase "irrespective of the fact that" is wordy and could be replaced with the plain language alternative of "even though." Second, "one or more of the parties now is, or may become, a resident of a different state" also could be streamlined. The phrase is easy enough to understand but cut to the chase. Replacing this phrase with "either party now or later resides in a different state" does the trick.
Contracting For Process, David Snyder
Contracting For Process, David Snyder
Articles in Law Reviews & Other Academic Journals
This article introduces the concept of contracting for process and considers when it is likely to be the best contract design. Contracting for process is in widespread use, but it often goes unnoticed. Some characteristics of contracting for process suit it particularly well to situations of uncertainty, including the radical uncertainty that results from fundamental disruptions such as COVID-19. Parties can employ this design for both contracts made or renegotiated during a crisis and for contracts made in ordinary times. The concept articulated here, however, is not confined to contexts of uncertainty or complexity; it can be used to achieve …
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iii, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iii, David Spratt
Articles in Law Reviews & Other Academic Journals
There are several things wrong with this paragraph. First, the heading "Knowledge of Residence" is underinclusive, as the paragraph concerns more than where each party lives. A more inclusive and effective heading would be "Knowledge of Contact Information." Second, the introductory phrase is ambiguous, as one could read "for so long as the minor children are less than eighteen years of age" as requiring the parties to exchange information only until one of the parties' children turns 18. Moreover, "eighteen years of age" is archaic and clunky legalese. Keep it simple, solicitors: "eighteen" or "age eighteen" would suffice. Applying these …
Improve Recitals And Consideration Clauses With Plain Language, David Spratt
Improve Recitals And Consideration Clauses With Plain Language, David Spratt
Articles in Law Reviews & Other Academic Journals
As used in a "WHEREAS" clause, the term "whereas" simply means "considering that" or "that being the case." There is no legal effect to the word "whereas." It, like many other words used in standard contract boilerplate, is left over from some long-forgotten era of legal writing when lawyers used big words and legalese to impress clients with their intelligence and to justify their bills. These times have (or at least should have) passed. Today, documents must be accessible to those who use them: in most cases the clients for whom such documents are drafted.
Debunking The Efficacy Of Standard Contract Boilerplate: Part I, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part I, David Spratt
Articles in Law Reviews & Other Academic Journals
Many contracts start with an introductory paragraph like this one: THIS AGREEMENT is made and entered into said 5th day of June, 2020, by and between JOHN JONES (hereinafter referred to as "Jones") and MARY SMITH (hereafter referred to as "Smith"), hereinafter referred to together as "the parties." Where do I find my red pen? There are so many problems with this introduction, I might run out of ink.
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
American University Law Review
No abstract provided.
Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano
Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano
American University Law Review
No abstract provided.
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
American University Business Law Review
This Article contributes to recent scholarship regarding Long Term Agreements (“LTAs”) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of sixty-three Ohio manufacturers, the Article explores why manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others.1 It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs, and …
Stay In The Fight With Civility And Professionalism, David Spratt
Stay In The Fight With Civility And Professionalism, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
American University Law Review
No abstract provided.
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
American University Law Review
No abstract provided.
Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz
Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz
American University Law Review
No abstract provided.
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
American University Law Review
No abstract provided.
American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar
American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar
American University Business Law Review
No abstract provided.
Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush
Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush
American University Law Review
No abstract provided.
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
American University Law Review
No abstract provided.
Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin
Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin
American University Law Review
No abstract provided.
The New Social Contracts In International Supply Chains, David Snyder
The New Social Contracts In International Supply Chains, David Snyder
Articles in Law Reviews & Other Academic Journals
This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …
The New Social Contracts In International Supply Chains, David Snyder
The New Social Contracts In International Supply Chains, David Snyder
American University Law Review
No abstract provided.
Contracts Are Like Snowflakes, David Spratt
Contracts Are Like Snowflakes, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
No abstract provided.
Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier
Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier
American University Law Review
No abstract provided.
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
American University Law Review
No abstract provided.
Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton
Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton
Articles in Law Reviews & Other Academic Journals
Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions (also termed pricing parity provisions) can help protect competition in online markets. An online platform imposes a platform MFN when it requires that providers using its platform not offer their products or services at a lower price on other platforms. These contractual provisions may be employed by online platforms offering hotel and transportation bookings, consumer goods, digital goods, and handmade craft products. They have been the subject of antitrust enforcement in Europe but have drawn only limited antitrust scrutiny in the U.S. Our paper explains why MFNs employed by online …
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
American University Law Review
It sold for $15 million, and the IRS treated it as worthless. Avery Fisher, a titan of industry and a lover of classical music, made a generous contribution to renovate a charity's building, and in exchange the charity agreed to name the building after Fisher in perpetuity. Forty years later, the Fisher family sold the naming rights back to the charity for $15 million in cash. The IRS treats these publicity rights as worthless when charities grant them, and this generates substantial tax benefits for the donor and the donor's family. In contrast, the common law can treat these publicity …
Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour
Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour
American University Business Law Review
No abstract provided.
If You've Seen One, You Have Not Seen Them All, David Spratt
If You've Seen One, You Have Not Seen Them All, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
American University Law Review
No abstract provided.