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Hefetz V. Beavor, 133 Nev. Adv. Op. 46 (July 6, 2017), Julia Barker 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hefetz V. Beavor, 133 Nev. Adv. Op. 46 (July 6, 2017), Julia Barker

Nevada Supreme Court Summaries

The Court determined that parties must timely assert the one-action rule as an affirmative defense in their response pleadings. If not, it is waived. As such, the District Court erred when it granted Respondent Beavor’s motion to dismiss pursuant to the one-action rule because he failed to raise that defense in a timely manner.


The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney 2017 University of Wisconsin-Madison

The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney

American Indian Law Journal

No abstract provided.


In Defense Of The Long Privacy Statement, Mike Hintze 2017 University of Maryland Francis King Carey School of Law

In Defense Of The Long Privacy Statement, Mike Hintze

Maryland Law Review

No abstract provided.


The Quantitative Study Of Privacy-Policy Decisions In The Draft Restatement Of Consumer Contracts, Gregory Klass 2017 Georgetown University Law Center

The Quantitative Study Of Privacy-Policy Decisions In The Draft Restatement Of Consumer Contracts, Gregory Klass

Georgetown Law Faculty Publications and Other Works

The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule or comment. This article examines the Reporters’ study of courts’ treatment of privacy policies. The Reporters use this study to support a Comment stating that courts generally treat a business’s privacy policy as a term in its contract with the consumer. This article finds that the Reporters’ data do not support their conclusions.

Of the fifty-one decisions in the Reporters’ dataset, this study finds that only fifteen reach a holding on their question. All are from trial ...


Washoe Cty. Sch. Dist. V. White, 133 Nev. Adv. Op. 43 (June 29, 2017), Margarita Elias 2017 Nevada Law Journal

Washoe Cty. Sch. Dist. V. White, 133 Nev. Adv. Op. 43 (June 29, 2017), Margarita Elias

Nevada Supreme Court Summaries

Kara White (“White”) was terminated from her role as elementary school principal after the school district’s decision to terminate her was affirmed in an arbitration hearing. White filed a motion to vacate the award in district court. The district court granted White’s motion, holding that (1) the arbitrator exceeded his authority, (2) the arbitrator manifestly disregarded NRS 391.3116, and (3) the award was arbitrary and capricious. The school district appealed to the Supreme Court of Nevada, which reversed the district court’s ruling.


Morris Hardwick Schneider Llc Et Al. Order On Plaintiff Landcastle Title, Llc's Motion For Summary Judgment On Defendant's Counterclaim, Melvin K. Westmoreland 2017 Fulton County Superior Court Judge

Morris Hardwick Schneider Llc Et Al. Order On Plaintiff Landcastle Title, Llc's Motion For Summary Judgment On Defendant's Counterclaim, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


The Need For Strict Morality Clauses In Endorsement Contracts, Caysee Kamenetsky 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 2017 Ryerson University

Decomposing Bhasin V Hrynew: Toward An Institutional Understanding Of The General Organizing Principle Of Good Faith In Contractual Performance, Daniele Bertolini

daniele bertolini

In Bhasin v Hrynew, the Supreme Court of Canada recognized good faith in contractual performance to be a general organizing principleof the common law of contract. The true impact of Bhasin on the future development of the Canadian contract law remains the subject of considerable debate among legal scholars and practitioners. This article explores Bhasins evolutionary impact on the Canadian common law of contract, by providing an institutional understanding of the general organizing principle of good faith in contractual performance. It is contended that Bhasins contribution to the common law of contract is institutional rather than substantive ...


“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk 2017 Duke Law School

“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk

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 ...


Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan 2017 Georgia State University College of Law

Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan

Georgia State University Law Review

The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.

The statute of limitations for legal malpractice claims should not be so restrictive ...


Obarski Order On Defendant Elizabeth Elting's Motion To Dismiss For Lack Of Personal Jurisdiction, Melvin K. Westmoreland 2017 Superior Court Fulton County Judge

Obarski Order On Defendant Elizabeth Elting's Motion To Dismiss For Lack Of Personal Jurisdiction, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


In Re Endochoice Holdings, Inc. Order On Motions To Dismiss, Elizabeth E. Long 2017 Superior Court of Fulton County, Judge

In Re Endochoice Holdings, Inc. Order On Motions To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


The Legality Of Class Action Waivers In Employment Contracts, Benjamin M. Redgrave 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, Gregory Klass 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, Hao Jiang 2017 Selected Works

Freedom To Mislead, Hao Jiang

Dr. Hao Jiang

In the past 15 years, Delaware courts seem to have created a rule that al- lowed sophisticated parties to contract around fraud by using an unambigu- ous disclaimer and integration clause. Supposedly, an extra-contractual fraud claim would be dismissed had there been an unambiguous disclaimer. However, a survey of Delaware cases tells a different story. They have not held that even sophisticated parties who have relied on fraudulent misrepre- sentations are bound by contract with a clear disclaimer and integration clause. In the cases in which the courts have supposedly done so, either the party seeking to uphold the contract ...


I Share, Therefore It's Mine, Donald J. Kochan 2017 Chapman University School of Law

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


Glen W. Rollins Et Al Order On Defendants' Motion For Summary Judgment, Melvin K. Westmoreland 2017 Superior Court, Fulton County Judge

Glen W. Rollins Et Al Order On Defendants' Motion For Summary Judgment, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, Eric Andrews 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), Hunter Davidson 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, Jeremy McManus 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 ...


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