The Need For Strict Morality Clauses In Endorsement Contracts, 2017 Elisabeth Haub School of Law at Pace University
The Need For Strict Morality Clauses In Endorsement Contracts, Caysee Kamenetsky
Pace Intellectual Property, Sports & Entertainment Law Forum
The increasing significance of morality clauses seems to directly correlate with the increase of social media platforms and avenues to live-stream events, including but not limited to Facebook, Snapchat, Instagram, and Twitter. News of an athlete’s behavior can go viral in a matter of seconds. This leads company brands to seek broader terms in their morality clauses to allow them to disassociate themselves from the athlete. However, this is not always fair to the athlete, who might not have any idea that their personal-life choices could lead to the end of an endorsement contract.
Decomposing Bhasin V Hrynew: Toward An Institutional Understanding Of The General Organizing Principle Of Good Faith In Contractual Performance, Daniele Bertolini
“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, 2017 Duke Law School
“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk
A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated ...
The Legality Of Class Action Waivers In Employment Contracts, 2017 Notre Dame Law School
The Legality Of Class Action Waivers In Employment Contracts, Benjamin M. Redgrave
Notre Dame Law Review
This Note attempts to bring clarity to the questionable legality of class action waivers in employment contracts by examining the two competing statutes at issue—the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA)—the Supreme Court’s cases on the issue, and the arguments for and against such waivers advanced by the Second, Fifth, Seventh, Eighth, and Ninth Circuits, which have all directly addressed the question. After providing an overview of these two statutes, the agency that administers the NLRA, and the evolution of the Supreme Court’s jurisprudence on the topic, this Note discusses the ...
Interpretation And Construction In Contract Law, 2017 Georgetown University Law Center
Interpretation And Construction In Contract Law, Gregory Klass
Georgetown Law Faculty Publications and Other Works
In their technical senses, “interpretation” refers to the search for a legal text’s meaning, “construction” to the determination of its legal effect. Although scholars have long recognized the difference between the two activities, today many do not attend to it, and the relationship between them remains understudied. An adequate account of the interpretation-construction distinction begins with the concepts’ history, and the eventual recognition that interpretation and construction are complementary activities. This lays the groundwork for investigating the interaction between them. Interpretation always precedes construction in the process of legal exposition. But because contract law recognizes multiple types of meaning ...
Freedom To Mislead, 2017 Selected Works
Freedom To Mislead, Hao Jiang
Dr. Hao Jiang
I Share, Therefore It's Mine, 2017 Chapman University School of Law
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, 2017 University of Western Ontario, Faculty of Law
Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, Eric Andrews
Western Journal of Legal Studies
Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively uncontroversial private law remedy. However, the circumstances under which a court will consider awarding punitive damages have evolved with recent Supreme Court decisions. One example is the introduction of the independent actionable wrong requirement in Vorvis v Insurance Corporation of British Columbia. The independent actionable wrong ...
Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), 2017 Nevada Law Journal
Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson
Nevada Supreme Court Summaries
The Court interpreted Nevada Supreme Court Rules (“SCR” or the “Rules”) on Electronic Coverage of Court Proceedings: (1) My Entertainment TV (MET) is a “news reporter” under SCR 229(1)(c) because it collects, edits, and publishes footage concerning local events for public dissemination; (2) Clark County court proceedings footage has the educational or informational purpose required by SCR 241; (3) camera presence in the court room alone does not overcome the presumption permitting electronic recording of court proceedings under SCR 230; and (4) contract provisions must be read together, and the result should comport with the SCR on electronic ...
A Motion To Compel Changes To Federal Arbitration Law: How To Remedy The Abuses Consumers Face When Arbitrating Disputes, 2017 Boston College Law School
A Motion To Compel Changes To Federal Arbitration Law: How To Remedy The Abuses Consumers Face When Arbitrating Disputes, Jeremy Mcmanus
Boston College Journal of Law & Social Justice
Arbitration, as a form of alternative dispute resolution, is a favored method of settling legal disputes because it resolves disputes faster and more cost effectively than in-court litigation. Corporations often exploit the private nature of arbitration by including complex provisions in consumer contracts that require certain disputes to be resolved through arbitration. Consumers subject to these arbitration provisions often do not realize the existence of the provisions, and do not understand that because of undue corporate influence over arbitrators, arbitration tends to favor the corporations against which they arbitrate. Unfortunately, because the U.S. Supreme Court has declared that the ...
“Breaking Bad” Contracts: Bargaining For Masculinity In Popular Culture, 2017 College of William & Mary Law School
“Breaking Bad” Contracts: Bargaining For Masculinity In Popular Culture, Lenora Ledwon
William & Mary Journal of Women and the Law
This Article examines the award-winning television show, Breaking Bad, to illustrate how the idea of a contract in popular culture can become inflected with a style of retrograde masculinity. Deals in Breaking Bad take place in the classic contract imaginary, which resembles the classic Western shootout: two antagonists face each other down in a duel. The show interrogates the frontier thesis, with its links to the American Dream and dangerous masculinities, through the ruthless contracts of Walter White.
In Defense Of The Restatement Of Liability Insurance Law, 2017 University of Pennsylvania Law School
In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue
For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to “restate” the common law governing such liability insurance policies, and we are the reporters. In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement:
(a) are radically contrary to existing case law,
(b) have a naïve “pro-policyholder” bias that ignores basic economic ...
Contract Law As A Viable Alternative To Problems Of Informed Consent, 2017 St. John's University School of Law
Contract Law As A Viable Alternative To Problems Of Informed Consent, Martin L. Norton
The Catholic Lawyer
No abstract provided.
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, 2017 University of California, Berkeley, School of Law
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
Nevada Law Journal Forum
In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this ...
Licensing Contracts: Control Rights, Options And Timing, 2017 Singapore Management University
Licensing Contracts: Control Rights, Options And Timing, Pascale Crama, Bert De Reyck, Niyazi Taneri
Research Collection Lee Kong Chian School Of Business
Research and development (R&D) collaborations, common in high-tech industries, are challenging to manage due to technical and market risks as well as incentive problems. We investigate how control rights, options, payment terms and timing allow the innovator to capture maximum value from its R&D collaborations with a marketer. Our study reveals a counterintuitive result; the innovator may, under certain conditions, prefer to grant launch control rights or buy-out options to the marketer despite the fact that both terms restrict its downstream actions. We demonstrate that a menu of contracts is not necessary to address the adverse selection problem as the menu can be replicated by a single option contract. We show that timing, through renegotiation or delayed contracting, as well as the careful allocation of control rights and options can have a significant influence on the value of collaborative R&D. We provide recommendations on the optimal contract structure and ...
The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep
Duke Law & Technology Review
Technological advances within contract drafting software have seemingly plateaued. Despite the decades-long hopes and promises of many commentators, critics doubt this technology will ever fully automate the drafting process. But, while there has been a lack of innovation in contract drafting software, technological advances have continued to improve contract review and analysis programs. “Machine learning,” the leading innovative force in these areas, has proven incredibly efficient, performing in mere minutes tasks that would otherwise take a team of lawyers tens of hours. Some contract drafting programs have already experimented with machine learning capabilities, and this technology may pave the way ...
Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, 2017 Fulton County Superior Court Judge
Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, 2017 Pacific McGeorge School of Law
A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, 2017 University of Southern California
Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, Robert K. Rasmussen, Mitu Gulati
University of Southern California Legal Studies Working Paper Series
Puerto Rico has incurred debt well beyond its ability to repay. It attempted to address its fiscal woes through legislation allowing the restructuring of some its debt. The Supreme Court put a stop to this effort, holding that Congress in the Bankruptcy Code barred the Commonwealth from enacting its own restructuring regime. Yet all agreed that the Bankruptcy Code did not provide anything in its place. While Congress quickly enacted PROMESA in an attempt to address the Puerto Rico’s fiscal ills, we explore in this paper whether Congress has the power to bar Puerto Rico from enacting a restructuring ...
Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, 2017 Fulton County Superior Court Judge
Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.