Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (50)
- Business (43)
- Business Law, Public Responsibility, and Ethics (37)
- Commercial Law (35)
- Law and Economics (26)
-
- Consumer Protection Law (22)
- Banking and Finance Law (20)
- Law and Society (20)
- Civil Law (19)
- Comparative and Foreign Law (19)
- International Law (17)
- Legal History (15)
- Social and Behavioral Sciences (15)
- Torts (15)
- Labor and Employment Law (14)
- Intellectual Property Law (13)
- Property Law and Real Estate (12)
- Internet Law (11)
- Litigation (11)
- Common Law (10)
- Constitutional Law (10)
- Jurisprudence (10)
- Legal Remedies (10)
- Dispute Resolution and Arbitration (9)
- Conflict of Laws (8)
- Courts (8)
- Entertainment, Arts, and Sports Law (8)
- International Trade Law (8)
- Institution
-
- Selected Works (73)
- Georgia State University College of Law (36)
- SelectedWorks (33)
- University of Georgia School of Law (13)
- Singapore Management University (8)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- Duke Law (7)
- Columbia Law School (6)
- Duquesne University (6)
- Chicago-Kent College of Law (5)
- Georgetown University Law Center (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- University of Michigan Law School (5)
- University of Pennsylvania Carey Law School (5)
- California Western School of Law (4)
- Cornell University Law School (4)
- Notre Dame Law School (4)
- Pepperdine University (4)
- Florida State University College of Law (3)
- Osgoode Hall Law School of York University (3)
- University of Colorado Law School (3)
- University of Florida Levin College of Law (3)
- William & Mary Law School (3)
- American University Washington College of Law (2)
- Barry University School of Law (2)
- Cleveland State University (2)
- Fordham Law School (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Massachusetts School of Law (2)
- University of Richmond (2)
- Keyword
-
- Contracts (62)
- Contract Law (14)
- Contract law (14)
- Contract (13)
- Law and Society (12)
-
- Commercial Law (11)
- Law and Economics (10)
- General Law (8)
- Bankruptcy (7)
- Jurisprudence (7)
- Remedies (7)
- Legislation (6)
- Arbitration (5)
- Articles (5)
- Consumer protection (5)
- Contract enforcement (5)
- Contract interpretation (5)
- Contract terms (5)
- Copyright (5)
- Corporations (5)
- Human Rights Law (5)
- International Law (5)
- Law and Technology (5)
- Women (5)
- California (4)
- Canada (4)
- Common law (4)
- Comparative and Foreign Law (4)
- Consumer Protection Law (4)
- Courts (4)
- Publication
-
- Georgia Business Court Opinions (35)
- Faculty Scholarship (22)
- Nancy Kim (13)
- Georgia Journal of International & Comparative Law (11)
- Nevada Supreme Court Summaries (7)
-
- Research Collection Yong Pung How School Of Law (7)
- All Faculty Scholarship (6)
- Duquesne Law Review (6)
- Valerio Sangiovanni (6)
- Chicago-Kent Law Review (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Touro Law Review (5)
- Brian M McCall (3)
- Jeffrey L Harrison (3)
- Jennifer Jackson (3)
- Larry A DiMatteo (3)
- Michigan Law Review (3)
- Osgoode Hall Law Journal (3)
- Renzo E. Saavedra Velazco (3)
- Scholarly Publications (3)
- W. Mark C. Weidemaier (3)
- Adam Epstein (2)
- Alvin W-L SEE (2)
- Anne Tucker (2)
- Cleveland State Law Review (2)
- Cornell Law Faculty Publications (2)
- Cornell Law Faculty Working Papers (2)
- Daniel A Monroy C (2)
- Eliza Mik (2)
- Florida Law Review (2)
- Publication Type
Articles 61 - 90 of 281
Full-Text Articles in Contracts
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.
Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner
Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Majoritarian Default Rules In Civil Contract Law: Legal Doctrine And Law & Economics [En Español], Daniel A. Monroy
Majoritarian Default Rules In Civil Contract Law: Legal Doctrine And Law & Economics [En Español], Daniel A. Monroy
Daniel A Monroy C
Resumen
El presente trabajo posee dos objetivos complementarios: Por un lado (i) basados en una lectura de la doctrina jurídica civilista en general, se evidencia la existencia de un criterio normativo al que debiera responder las reglas predeterminadas (reglas supletivas) en el derecho de contratos. Por otro lado, (ii) se contrasta e enriquece dicho criterio normativo con los aportes que sobre el mismo punto ha efectuado el Análisis Económico del Derecho (AED). Así, la hipótesis del trabajo se expresa en la idea de que, conforme la doctrina jurídica civilista, las reglas predeterminadas debieran ser el reflejo de lo regular, lo …
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.
Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long
Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner
City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Mutui Bancari, Ammortamento Alla Francese E Nullità Delle Clausole Sugli Interessi Per Indeterminatezza, Valerio Sangiovanni
Mutui Bancari, Ammortamento Alla Francese E Nullità Delle Clausole Sugli Interessi Per Indeterminatezza, Valerio Sangiovanni
Valerio Sangiovanni
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.
Performance Rights For Software, Mark Perry, Stephen M. Watt
Performance Rights For Software, Mark Perry, Stephen M. Watt
Stephen M. Watt
As we use software in increasingly varied contexts, the concept of a software license has become progressively more complex. Software is embedded in devices that do not obviously resemble computers. Web services make software on one computer available to anyone with internet access. An individual may use several computers over the course of the day so the concept of a node locked or individual license is no longer clear. How should time based and single use and consumptive licenses be governed and interact? This paper examines how these and other issues in software licensing can be seen as instances of …
Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long
Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Carnival Cruise And The Contracting Of Everything, Nancy Kim
Carnival Cruise And The Contracting Of Everything, Nancy Kim
Nancy Kim
This short essay is about the potential unconscionablity of contracts between cruise lines and passengers.
Contract's Adaptation And The Online Bargain, Nancy Kim
Contract's Adaptation And The Online Bargain, Nancy Kim
Nancy Kim
The model of traditional contracts is that of two individuals negotiating terms that are to each party's advantage. This model persists even though it no longer reflects the reality of consumer contracts. This Article traces the evolution of modern day consumer contracts and explains how courts have accommodated business needs by distorting contract law. This Article argues that the doctrine of consideration should be reconceptualized in light of new technologies and changes in doctrinal application. It concludes that in order to restore contract law's legitimacy, courts must allocate the burdens of technological and doctrinal changes in a more evenhanded manner. …
Two Alternate Visions Of Contract Law In 2025, Nancy Kim
Two Alternate Visions Of Contract Law In 2025, Nancy Kim
Nancy Kim
Part I of this essay examines how businesses have shaped the evolution of contract’s form from the past to the present and ex-plains how courts have responded by reshaping contract law.1 Part II of this essay anticipates changes in the business landscape and explains how these changes might create new challenges for contract law. Part III predicts two alternative visions for contract law in 2025. The first is as a diminished body of law, made nearly irrelevant by other laws and preempted by private rules administered by non-judicial entities. The second vision is that of a robust contract law administered …
Internet Challenges To Business Innovation, Nancy Kim
Arbitration's Summer Soldiers Marching Into Fall: Another Look At Eisenberg, Miller, And Sherwin's Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Nancy Kim
Nancy Kim
Our empirical study examines the role and importance of arbitration clauses in standard form contracts, primarily with other businesses. While much has been written about the impact of mandatory arbitration clauses in consumer contracts, relatively little has been written on mandatory arbitration clauses in customer agreements where the customer was a business and not an individual consumer. In this Article, we specifically address the findings presented in Theodore Eisenberg, Geoffrey Miller, and Emily Sherwin’s study, Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts.1 Our study finds that many businesses employ mandatory arbitration clauses in …
Mistakes, Changed Circumstances And Intent, Nancy Kim
Mistakes, Changed Circumstances And Intent, Nancy Kim
Nancy Kim
The most common contract defenses are duress, unconscionability, incapacity, fraud, and the basic assumption. defenses4 of mutual mistake, unilateral mistake, impossibility, frustration of purpose and commercial impracticability. In this Article, I limit my discussion to basic assumption defenses. Several prevailing rationales explain why a party should be allowed to escape contractual liability despite the sufficiency of consideration where there has been a failure of a basic assumption material to the transaction. No single rationale or principle, however, unifies all basic assumption defenses. Several commentators have noted that similar fact patterns applying a given doctrine often yield inconsistent results. Parties’ employment …
Evolving Business And Social Norms And Interpretation Rules, Nancy Kim
Evolving Business And Social Norms And Interpretation Rules, Nancy Kim
Nancy Kim
Rapid societal and technological changes - such as the rise in electronic commerce, increasing diversity and globalization - create contract interpretation issues that require a dynamic approach. While many modern contractual disputes arise from a confluence of factors, contract doctrine has tended to adopt a unitary approach to problems with an emphasis on interpretation of words. This article argues that non-intuitive interpretation rules work to the disadvantage of language and cultural minorities and should only be used if their purpose is to determine the intent of the parties or to uphold a policy or legislative objective. A dynamic approach is …
Situational Duress And The Aberrance Of Electronic Contracts, Nancy Kim
Situational Duress And The Aberrance Of Electronic Contracts, Nancy Kim
Nancy Kim
This article explains how the aberrant nature of electronic contracts has unique effects. Companies take advantage of these unique effects and use electronic contracts in a coercive manner. This article proposes the new defense of “situational duress” to address the exploitative use of electronic contracts in certain situations. Part I explains why electronic contracts are aberrant and explains how the developing law in this area deviates from traditional contract doctrine. This section also discusses how the electronic form affects consumer behavior and understanding of contract terms. Part II provides background to the traditional doctrine of duress and introduces the concept …
Reasonable Expectations In Socio-Cultural Context, Nancy Kim
Reasonable Expectations In Socio-Cultural Context, Nancy Kim
Nancy Kim
Under the objective theory of contract, courts interpret the intent of the parties in adopting a particular contractual term according to the reasonable meaning of that term, or the meaning that a reasonable person would assign to that term. Courts adopt the objective theory to determine all aspects of the understanding between the parties-from the determination of contract formation, to an evaluation of the meaning of written or spoken terms, to an assessment of contract performance. In a series of articles, Professor Melvin Eisenberg explained how modern contract law evolved from the will theory to the classical model, and from …
Bargaining Power And Background Law, Nancy Kim
Bargaining Power And Background Law, Nancy Kim
Nancy Kim
Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. In this Essay, I suggest another factor that affects the power of the parties in negotiating or modifying their agreement, one that I refer to as the "background law." The background law is the substantive law that governs the subject matter of the contract. This Essay focuses specifically on the background law of copyrights and …
Clicking And Cringing, Nancy Kim
Clicking And Cringing, Nancy Kim
Nancy Kim
Shrinkwrap, clickwrap, and browsewrap licenses have complicated contract law by introducing nontraditional methods of contracting to govern the use of software. The retention of the underlying intellectual property by the licensor, and the malleable qualities of software, give rise to the ability and the need to set parameters of use. The courts have tended to defer to the ownership rights of licensors by claiming that there is valid contract formation, even in "rolling contract" situations. In this Article, I propose that a consumer's assent to a transaction should not be transmuted into blanket assent to each individual term of a …
Boilerplate And Consent, Nancy Kim
Boilerplate And Consent, Nancy Kim
Nancy Kim
In Margaret Jane Radin's book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, Radin argues that boilerplate is a social problem leading to normative and democratic degradation of important rights. In his review of Radin’s book, Omri Ben-Shahar outlines two approaches to regulation by boilerplate. He labels the first as “autonomism,” which asks “how such one-sided dictation of terms by firms fits within a liberal account of good social order, of democratic control and participation, and of individual autonomy.” Ben-Shahar views Radin as representative of the autonomists. The second way of viewing regulation-by-boilerplate is “to ask how …
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim
Nancy Kim
The Principles of the Law of Software Contracts, or the "Principles," seek to "unify and clarify" the law of software transactions. The drafters, however, excluded "digital content" from the scope of their project. This Essay explains why the scope of the Principles should encompass digital content. The exclusion of digital content creates two different but related problems. The first problem is that it creates what I refer to as "classification confusion." Given the complexity and speed of technological innovation, the task of distinguishing digital content from software may be difficult for courts. The second problem is that it fails to …
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
James Thuo Gathii
Third world citizens—parties who often have the most to lose in natural resource contracts between their governments and foreign investors—often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted—and this Essay argues other countries …
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Juliet P Kostritsky
ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not …
Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long
Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Yugank Goyal
Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Jorge A Mestre
No abstract provided.