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Full-Text Articles in Contracts
A Corporation's Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman
A Corporation's Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman
University of Richmond Law Review
Part I discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and dis cusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (HalliburtonII).19 PartII discusses the framework for the proposition of this comment. It provides a brief history of significant cas es and incorporates several recent cases that have opened the door to the possibility of implementing fee-shifting clauses. It concludes with a comparison to other contractual provisions cur rently being implemented by corporations and also analyzes fee shifting provisions under federal preemption. Part III explains why implementing …
An Experiment On The Role Of Penalty Clauses And The Level Of Legal Remedies For Breach Of Contract On The Prevention Of The Hold-Up Problem In Colombian Contract Law, Juan Antonio Gaviria
An Experiment On The Role Of Penalty Clauses And The Level Of Legal Remedies For Breach Of Contract On The Prevention Of The Hold-Up Problem In Colombian Contract Law, Juan Antonio Gaviria
Richmond Journal of Global Law & Business
This article analyzes the results of an experiment with Colombian students testing the theories thatpenalty clauses and a high level of legal remedies for breach of contract prevent the hold-up problem. While the results of this experiment failed to statistically confirm the predictions of the theory, they did not reject them. Furthermore,the results show that held-up parties were better off after the parties renegotiated the contract when either a penalty clause was provided or the law increased the level of legal remedies in comparison with a benchmark scenario. On the other hand, the results are a contribution to the field …