Open Access. Powered by Scholars. Published by Universities.®

Contracts Commons

Open Access. Powered by Scholars. Published by Universities.®

2,972 Full-Text Articles 1,625 Authors 1,289,214 Downloads 93 Institutions

All Articles in Contracts

Faceted Search

2,972 full-text articles. Page 1 of 51.

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss 2015 Duke Law

Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss

Faculty Scholarship

Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Recently, several scholars have answered this question “no” and concluded that the state should abolish marriage, along with all other categories of intimate status. While politically infeasible, these proposals offer a powerful thought experiment. In this Article, I use this thought experiment to argue that the law cannot avoid relying on intimate status norms and has legitimate reasons to retain an intimate status like marriage.

The argument has three parts. First, even if the law abolished licensed status categories, ordinary doctrines in tort, contract and ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 SelectedWorks

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman 2015 Duke Law

The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman

Faculty Scholarship

This Article addresses the rise of “co-religionist commerce” in the United States — that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, co-religionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.

Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if there are to be judicially enforced. However, religious goods and services often cannot be accurately translated without religious ...


Hollywood Deals: Soft Contracts For Hard Markets, Jonathan M. Barnett 2014 BLR

Hollywood Deals: Soft Contracts For Hard Markets, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Hollywood film projects involving significant capital investments regularly proceed on the basis of unsigned “deal memos” or draft agreements with uncertain legal enforceability. These “soft contracts” constitute a hybrid instrument adapted to the transactional hazards of an environment in which neither formal contract nor reputation effects can adequately specify and enforce parties’ commitments at any reasonable cost. Uncertainly enforceable contracts embed an implicit termination and renegotiation option that provides flexibility to respond to changed circumstances while maintaining a threat of legal liability that provides some transactional security. Evidence collected from litigation records, trade press coverage and field interviews show that ...


Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, george A. Nation III 2014 SelectedWorks

Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, George A. Nation Iii

George A Nation III

Promissory notes are ubiquitous in commercial lending. The promissory note represents the borrowers promise to repay and is governed by the Uniform Commercial Code’s Article 3. Under Article 3, promissory notes are either demand instruments or time instruments. In general, the holder of a demand instrument may decide to demand payment at any time and for any reason, while the holder of a time note must wait for payment until the arrival of the specific repayment date or dates included in the note. For this reason, time notes usually contain an acceleration clause. An acceleration clause allows the holder ...


The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker 2014 Pepperdine University

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 ...


Las Relaciones Contractuales De Hecho Y El Contacto Social: ¿Instituciones Incomprendidas?, Renzo E. Saavedra Velazco 2014 Latin American and Caribbean Law and Economics Association

Las Relaciones Contractuales De Hecho Y El Contacto Social: ¿Instituciones Incomprendidas?, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.


Empirical Analysis Of Legal Theory, Geoffrey P. Miller 2014 NELLCO

Empirical Analysis Of Legal Theory, Geoffrey P. Miller

New York University Law and Economics Working Papers

Empirical analysis of dispute resolution terms in commercial contracts provides information about theoretical issues in contract law. These clauses are adopted at a time when the parties share an interest in maximizing the value of the contract. The analyst can examine the pattern of contracting behavior and infer that the choices made by sophisticated parties will tend to represent efficient arrangements.


Even More Than You Wanted To Know About The Failures Of Disclosure, Florencia Marotta-Wurgler 2014 NELLCO

Even More Than You Wanted To Know About The Failures Of Disclosure, Florencia Marotta-Wurgler

New York University Law and Economics Working Papers

Nobody reads fine print—even when it matters. The most common regulatory approach to attenuate the (perceived) problem of non-readership has long been mandatory disclosure. Despite it’s theoretical appeal, disclosure has not been found to be fully effective in practice. In More Than You Wanted to Know: The Failure of Mandated Disclosure, Omri Ben-Shahar and Carl Schneider offer the first systematic critique of disclosure regulation in all of its forms, including the latest innovations. This essay reviews the book by focusing on two points. First, it offers fresh evidence on the failure of mandated disclosure by looking at changes ...


Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger 2014 University of Florida Levin College of Law

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 2014 University of Georgia School of Law

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 2014 University of Georgia School of Law

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 2014 University of Florida Levin College of Law

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 2014 Touro College Jacob D. Fuchsberg Law Center

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 2014 Touro College Jacob D. Fuchsberg Law Center

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 2014 University of Georgia School of Law

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.


Summary Of Mason Mcduffie Real Estate V. Villa Fiore Development, 103 Nev. Adv. Op. 83, Jessica Gandy 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Mason Mcduffie Real Estate V. Villa Fiore Development, 103 Nev. Adv. Op. 83, Jessica Gandy

Nevada Supreme Court Summaries

The Court determined that a commercial tenant may not be constructively evicted without “first providing the landlord notice of and a reasonable opportunity to cure the defect”, even when the defect persist after repeated failed attempts to cure by the landlord.


Digital Commons powered by bepress