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Articles 1 - 30 of 61
Full-Text Articles in Contracts
Book Review: Contract Law In The Ussr And The United States: History And General Concept. E. Allan Farnsworth And Victor P. Mozolin. Washington: International Law Institute In Cooperation With Parker School Of Foreign And Comparative Law, Columbia University School Of Law, 1987., Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Uniform Sales Law: The U.N. Convention On Contracts For The International Sale Of Goods. Dr. Peter Schlechtriem, Manzsche Verlags - Und Universitatsbuchhandlung, Vienna 1986, Pp. 120., Michael C. Doland
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Commentary On The International Sales Law. The 1980 Vienna Sales Convention. C.M. Bianca And M.J. Bonell Et Al. Milan, Italy: Guiffre 1987. Pp. 678 Plus Appendices And Index., Joseph J. Darby
Georgia Journal of International & Comparative Law
No abstract provided.
Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser
Georgia Journal of International & Comparative Law
No abstract provided.
Fundamentals Of Contracting By And With Indian Tribes, Michael P. O'Connell
Fundamentals Of Contracting By And With Indian Tribes, Michael P. O'Connell
American Indian Law Journal
No abstract provided.
Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray
Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray
University of Massachusetts Law Review
In an effort to reconcile the inconsistency between liberal ideals and inequitable adjudication of marriage rights amongst our citizens, this article will seek answers to these issues. By straddling the contractual confines of marriage via law and economic analysis, Part II of the article explores the contractual paradigm of marriage to examine whether the framework is independent of sexual orientation and it the deliberately incomplete nature of marriage can provide consistencies for all types of marriages. Part III examines whether the private aspiration of marriage should necessarily be linked with public consequences by evaluating the impact of marriage’s social cost …
Compliance With Most Favored Customer Clauses: Giving Meaning To Ambiguous Terms While Avoiding False Claims Act Allegations, Mitchell S. Ettinger, James C. Altman
Compliance With Most Favored Customer Clauses: Giving Meaning To Ambiguous Terms While Avoiding False Claims Act Allegations, Mitchell S. Ettinger, James C. Altman
Notre Dame Law Review Reflection
Federal and state contracting authorities more frequently are including Most Favored Customer (MFC) clauses in contracts for procurement of privately manufactured products. These clauses seek to ensure that the contracting authority (typically a federal or state agency) receives at least as favorable pricing as other customers making similar purchases. For example, the government agency may request that the contractor warrant that the prices it charges under the contract will be as favorable as those offered to other parties purchasing similar products of similar quantity under similar terms and conditions. In theory, the request to be treated equally to others making …
The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker
The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker
The Journal of Business, Entrepreneurship & the Law
One of the biggest Delaware Supreme Court cases of 2013 wasn’t. The Delaware Court of Chancery opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corp., upheld the enforceability of Delaware forum selection clause bylaws unilaterally adopted by corporate boards of directors. It was widely expected that the Delaware Supreme Court would uphold the Court of Chancery’s opinion. However, Plaintiffs dismissed their appeal and moved to dismiss their remaining claims in the Court of Chancery, leaving intact Chancellor Strine’s strong support of forum selection clauses. National Industries Group (Holding) v. Carlyle Investment Managements L.L.C. and TC Group, L.L.C., a 2013 …
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Fordham Law Review
We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder’s death. Unlike digital assets’ physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled by …
Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger
Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger
Florida Law Review
Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such as engineers and architects. While Florida has historically enforced limitation of liability clauses in professional services contracts, recent cases have cast doubt on whether the clauses are enforceable. If the Florida Supreme Court establishes that professionals cannot rely upon these clauses, it will be taking a position contrary to the majority of states, including New York, …
Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari
Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari
Georgia Journal of International & Comparative Law
No abstract provided.
Law In Ancient Egyptian Fiction, Russ Versteeg
Law In Ancient Egyptian Fiction, Russ Versteeg
Georgia Journal of International & Comparative Law
No abstract provided.
Closing The “Free Speech” Loophole: The Case For Protecting College Athletes’ Publicity Rights In Commercial Video Games, Marc Edelman
Closing The “Free Speech” Loophole: The Case For Protecting College Athletes’ Publicity Rights In Commercial Video Games, Marc Edelman
Florida Law Review
When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their real-life counterparts. For example, in NCAA Football 12, the avatar that represents University of Florida running back Chris Rainey possesses Chris Rainey’s actual height, weight, skin complexion, and hair style. In addition, both Chris Rainey and his virtual counterpart wear the same jersey number, visor, gloves, and sweatbands.
Recently, Pulitzer Prize-winning journalist Taylor …
Protecting The Benefit Of A Seller's Bargain In Real Estate Contracts, Matthew Ingber
Protecting The Benefit Of A Seller's Bargain In Real Estate Contracts, Matthew Ingber
Touro Law Review
No abstract provided.
Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry
Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry
Touro Law Review
No abstract provided.
An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher
An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher
Georgia Journal of International & Comparative Law
No abstract provided.
Putting All Of North Carolina's Eggs In One Basket: The Case For Comprehensive Surrogacy Regulation, Emily Urch
Putting All Of North Carolina's Eggs In One Basket: The Case For Comprehensive Surrogacy Regulation, Emily Urch
North Carolina Central Law Review
No abstract provided.
Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills
Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills
Georgia Journal of International & Comparative Law
No abstract provided.
Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison
Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison
Georgia Journal of International & Comparative Law
No abstract provided.
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Georgia Journal of International & Comparative Law
No abstract provided.
The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi
The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi
Georgia Journal of International & Comparative Law
No abstract provided.
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
Nevada Law Journal
No abstract provided.
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
West Virginia Law Review
No abstract provided.
Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage
Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage
University of Arkansas at Little Rock Law Review
No abstract provided.
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Fulton County Business Court: A Specialized Solution For The Modern Business Community, Megan K. Johnson
Fulton County Business Court: A Specialized Solution For The Modern Business Community, Megan K. Johnson
Georgia State University Law Review
Business courts or complex commercial divisions are growing in popularity as an effective tool to channel the most complex civil cases into one place before experienced judges with the background and training necessary to resolve the sophisticated issues often presented in those cases. According to North Carolina Business Court Judge Ben F. Tennille, one of the first judicial advocates of the business court model, the evolution of specialty business courts is a necessary response to “‘the rapidly increasing complexity, rate of change and globalization of business.’”
In 2005, Fulton County Superior Court launched a Business Case Division (“Fulton Business Court”) …
Ex Tempore Contracting, Andrew Verstein
Ex Tempore Contracting, Andrew Verstein
William & Mary Law Review
This Article argues that a cornerstone assumption of contemporary contracts scholarship is misleading and limited. Leading academic commentary explicitly assumes that contractual responsibilities are determined in the following way: parties determine many of their duties ex ante, by specifying terms at the time of contract formation, and leave the rest of the terms vague, for a court to specify ex post if any should prove important. This ex ante / ex post dichotomy is the guiding framework in attempts to understand contract design and interpretation. For example, parties use terms like “merchantable” quality when the cost of being more specific …
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …