Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in ...
Options And Rights In Real Property…. Oh My!! The Scary Truth About Future Interests, Alisa M. Levin
Alisa M Levin
The law is a many splendored thing, but one thing is clear, that certain kinds of contracts and rights embodied within contracts can be confusing, especially for attorneys. True to form then, where even lawyers practicing in a particular area of law find something difficult to deal with, or they find that the law itself is unclear or that it has many ways to say the same thing, clarity is a welcome thing. In relation to real estate law in particular and specifically about the law of options and rights embodied within real estate contracts (whether purchase/sale documents or ...
Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott
A. Bryan Endres
As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards, farmers will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of farmland in the U.S. that is leased, such contributions will represent a significant, though currently not well understood, portion of the biofuel industry supply chain. Through the use of contracts as governance schemes, the parties to a bioenergy farm lease can navigate three key areas of such ...
Dirty Debts Sold Dirt Cheap, 2014 SelectedWorks
Dirty Debts Sold Dirt Cheap, Dalie Jimenez
This Article examines the sale and purchase of consumer debts (e.g., delinquent credit card debts) through the lens of a rare collection of contracts.† It finds that in many instances, sellers disclaim all warranties about the underlying debts sold or the information transferred, sometimes as far as specifically refusing to stand by “the accuracy or completeness of any information provided.” The Article argues that the collection of consumer debts sold through these transactions violates the Fair Debt Collection Practices Act’s prohibition against using deceptive or misleading representations in connection with the collection of a debt. After considering potential ...
Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett
University of Southern California Law and Economics Working Paper Series
Hollywood film studios, talent and other deal participants regularly commit to, and undertake production of, high-stakes film projects on the basis of unsigned “deal memos”, informal communications or draft agreements whose legal enforceability is uncertain. These “soft contracts” constitute a hybrid instrument that addresses a challenging transactional environment where neither formal contract nor reputation effects adequately protect parties against the holdup risk and project risk inherent to a film project. Parties negotiate the degree of contractual formality, which correlates with legal enforceability, as a proxy for allocating these risks at a transaction-cost savings relative to a fully formalized and specified ...
¿La Noción De Contrato Es Homogénea?, 2014 Latin American and Caribbean Law and Economics Association
¿La Noción De Contrato Es Homogénea?, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
No abstract provided.
Deals Or No Deals: Integrating Transactional Skills In The First Year Curriculum, 2014 SelectedWorks
Deals Or No Deals: Integrating Transactional Skills In The First Year Curriculum, Lynnise E. Pantin
Lynnise E. Pantin
No abstract provided.
Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara
No abstract provided.
The False Claims Act Creates A 'Zone Of Protection' That Bars Suits Against Employees Who Report Fraud Against The Government, Joel D. Hesch
Joel D. Hesch
May employees copy internal company documents and turn them over to the U.S. Department of Justice as part of applying for a whistleblower reward for reporting fraud against the Government? This is one of the most hotly contested issues facing whistleblowers and employers, and the answer will affect the future of the Government’s primary whistleblower reward program.
Each year, companies are cheating the military and Medicare by billions of dollars. To combat fraud, Congress enacted the federal False Claims Act (FCA), which is the primary anti-fraud tool used by the Department of Justice (DOJ) and the fastest growing ...
Intuitions About Contract Formation, 2014 University of Pennsylvania Law School
Intuitions About Contract Formation, Tess Wilkinson-Ryan, David A. Hoffman
Legally, much depends on the moment that a negotiation becomes a deal. Unlike torts or civil procedure or any area of public law, the laws of promissory exchange only apply to parties who have manifested their assent to be bound. Even so, the moral norms of exchange and promise are quite firmly entrenched and more broadly applicable than just legal contracts. Norms of promise-keeping and reciprocity, interpersonal courtesy, community reputation—these kinds of intangible goods have real effects on contract behavior. For this reason it is especially surprising that intuitions about formation have gotten so little attention from legal and ...
Sino-American Contract Bargaining And Dispute Resolution, 2014 Pepperdine University
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.
Online Terms Of Service: A Shield For First Amendment Scrutiny Of Government Action, 2014 Notre Dame Law School
Online Terms Of Service: A Shield For First Amendment Scrutiny Of Government Action, Jacquelyn E. Fradette
Notre Dame Law Review
Part I of this Note will canvas popular opinions and perceptions about First Amendment rights on the Internet using examples of public outcry over recent instances of speech limitation. It will also discuss the state action doctrine generally and how the presence of this doctrine most likely renders certain popular public constitutional intuitions about the First Amendment erroneous.
Part II will provide an overview of how courts have taken an expansive and protective view of private ordering between online parties. It will discuss how courts have developed a robust freedom to contract jurisprudence in the Internet context. Because courts essentially ...
The Utopian Promise Of Private Law, 2014 BLR
The Utopian Promise Of Private Law, Hanoch Dagan
Tel Aviv University Law Faculty Papers
This Essay uses Robert Nozick’s Anarchy, State, and Utopia as a springboard for examining the relationship between private law and the basic structure of society. Such an inquiry may seem odd, given that this book stands for a libertarian credo that questions the idea of such a normative structure in the first place. And yet, I hope to show that this is still a worthwhile pursuit because Nozick’s account of utopia as a framework for utopias captures a profound truth about private law.
His insight points to the normative underpinnings of private law, namely, to its irreducible role ...
Weathering Wal-Mart, 2014 Notre Dame Law School
Weathering Wal-Mart, Joseph A. Seiner
Notre Dame Law Review
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title ...
Virtual Property, Virtual Rights: Why Contract Law, Not Property Law, Must Be The Governing Paradigm In The Law Of Virtual Worlds, Christopher J. Cifrino
Boston College Law Review
Virtual worlds such as World of Warcraft and Second Life have recently exploded in popularity. As users of these worlds acquire virtual assets, conflicts inevitably arise. These conflicts are currently resolved through the terms of End User License Agreements (“EULAs”) between users and developers. Many commentators, however, criticize EULAs as being too one-sided and argue for courts to acknowledge traditional common law property rights in virtual property. These arguments invoke three theoretical justifications for virtual property rights: Lockean labor theory, personhood theory, and utilitarianism. This Note argues that each of these theories is a poor fit for virtual property, and ...
Le Contrôle Des Conditions Générales: L'Envol Manqué Du Phénix, 2014 SelectedWorks
Le Contrôle Des Conditions Générales: L'Envol Manqué Du Phénix, Nicolas Pierre Marie Kuonen
This article presents and discusses the new fairness test for Standard Terms & Conditions ("ST&C") which has recently been introduced in Switzerland (the new art. 8 of the Swiss Federal Act against Unfair Competition). This article's first aim is to provide some guidelines for the understanding of that test. It second aim is to explain why, although it was supposed to strongly impact ST&C used in Switzerland, it has failed to change anything to date.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”
Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...
Sovereign Immunity And Sovereign Debt, 2014 SelectedWorks
Sovereign Immunity And Sovereign Debt, W. Mark C. Weidemaier
W. Mark C. Weidemaier
The law of foreign sovereign immunity changed dramatically over the course of the 20th century. The United States abandoned the doctrine of absolute immunity and opened its courts to lawsuits by private claimants against foreign governments. It also pursued a range of other policies designed to shift such disputes into litigation or arbitration (and thus relieve political actors of pressure to intervene on behalf of disappointed creditors). This article uses a unique data set of sovereign bonds to explore how international financial contracts responded to these legal and policy initiatives.
The article makes three novel empirical and analytical contributions. The ...
The Fiduciary Character Of Agency And The Interpretation Of Instructions, Deborah A. Demott
This chapter in a forthcoming book justifies the conventional characterization of common-law agency as a fiduciary relationship. An agent serves as the principal’s representative in dealings with third parties and facts about the world, situating the agent as an extension of the principal for legally-salient purposes. A principal’s power to furnish instructions to the agent is the fundamental mechanism through which the principal exercises control over the agent, a requisite for an agency relationship. The agent’s fiduciary duty to the principal provides a benchmark for the agent’s interpretation of those instructions. The chapter draws on philosophical ...
Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein
The primary purpose of this article is to explore the 2012 legal decision that stemmed from an employment-related fiasco in 2007 when Coach Orlando Henry “Tubby” Smith first formed his staff at UM and asked coach Jimmy Williams from Oklahoma State University to join him as an assistant coach. Smith’s offer, however, proved not to be a legally binding offer, at least according to the Minnesota Supreme Court, because Smith apparently did not have the authority to make the offer in the first place. In fact, Jimmy Williams was declared by the Minnesota Supreme Court majority to have been ...