Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman
Currently, a lively debate exists in the academic community about the fairness of contractual arbitration clauses. The commentators, however, rarely explore the doctrinal aspects of arbitration as found in the Uniform Arbitration Act, the Revised Uniform Arbitration Act, and the Federal Arbitration Act.
This oversight is regrettable because standard form arbitration clauses are a fixture on the current legal landscape and the odds are high that arbitration in its current form will continue for many years to come.
This article analyzes the Tennessee Uniform Arbitration Act (TUAA). One of the most challenging TUAA topics is the action for vacatur (annulment ...
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, 2016 SelectedWorks
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, 2016 SelectedWorks
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...
Forum Selling, 2015 USC Law School
Forum Selling, Daniel M. Klerman, Greg Reilly
University of Southern California Legal Studies Working Paper Series
Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...
Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii
George A Nation III
A large and growing group of insured patients is being unfairly burdened by hospitals’ exorbitant chargemaster prices. The burden is brought to bear on these patients through a process known as balance billing. For a variety of reasons hospital networks are becoming narrower as hospital systems contract with fewer insurers, and as a result, more and more patients are receiving balance bills. The practice of balance billing puts upward pressure on health care prices in general. That is, this practice leads to higher prices across the board for the uninsured, the out-of-network insured and even the in-network insured. This article ...
Are "Legal" Marijuana Contracts "Illegal"?, 2015 Widener University Delaware Law School
Are "Legal" Marijuana Contracts "Illegal"?, Luke M. Scheuer
Luke M Scheuer
America is currently in the midst of a “legal” marijuana business boom. In states which have legalized marijuana thousands of businesses have been created and are being openly operated despite the continued prohibition on their main product by the federal Controlled Substances Abuse Act. As a regular part of their business, these companies enter into contracts which violate the CSA, for example, every time they sell their main product. These businesses, and their stakeholders, rely upon the enforceability of these contracts in order to regulate their relationships. However, under the “illegality” or public policy defense to the enforcement of contracts ...
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, 2015 Loyola University Chicago School of Law
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Georgia Journal of International & Comparative Law
No abstract provided.
Hoja De Vida, 2015 RAMIREZ Y CONSULTORES
Hoja De Vida, Marta Luisa Ramirez Mejia Ms
MARTA LUISA RAMIREZ MEJIA MS
No abstract provided.
From Hierarchies To Markets: Fedex Drivers And The Work Contract As Institutional Marker, 2015 Georgetown University Law Center
From Hierarchies To Markets: Fedex Drivers And The Work Contract As Institutional Marker, Julia Tomassetti
Georgetown Law Faculty Publications and Other Works
Judges are often called upon today to determine whether certain workers are “employees” or “independent contractors.” The distinction is important, because only employees have rights under most statutes regulating work, including wage and hour, anti-discrimination, and collective bargaining law. Too often judges exclude workers from statutory protection who resemble what legal scholars have described as typical, industrial employees — long-term, full-time workers with set wages and routinized responsibilities within a large firm. To explain how courts reach these counterintuitive results, the article examines recent federal decisions finding that FedEx delivery drivers are independent contractors rather than employees. It argues that the ...
University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, 2015 University of Tennessee - Knoxville
University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, Brian K. Krumm
Brian K Krumm
A great deal has been written over the years commenting on the strengths and weaknesses of the current system by which federal research funding has not produced the ideal results in terms of commercialization of inventions which are developed from such funding. The Bayh-Doyle Act was enacted in an attempt to provide a single uniform national policy which would cut through the government bureaucracy and encourage collaboration between universities and private industry to ensure that federally funded, commercially viable inventions were brought to market in an efficient manner. The question remains however, with the myriad of competing political and economic ...
Disentangling Choice Of Law For Torts And Contracts, 2015 Washington and Lee University School of Law
Disentangling Choice Of Law For Torts And Contracts, Rick Kirgis
Washington and Lee Law Review Online
In a federal system with state lines that are easily crossed, physically and electronically, legal disputes often raise choice-of-law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial fairness and economy dictate, or should dictate, that the choice-of-law issues be resolvable consistently and without unnecessarily tying up the courts or imposing large litigation costs, if it can be done in a principled manner. This article shows how it could be done.
Por La Supremacía Del Crédito Inscrito Ante La Propiedad No Inscrita., 2015 Universidad Nacional Mayor de San Marcos
Por La Supremacía Del Crédito Inscrito Ante La Propiedad No Inscrita., Fort Ninamancco Córdova
Fort Ninamancco Cordova
Nota publicada en El Peruano, que contiene una breve síntesis de mi ponencia como Amicus curiae ante el VII Pleno Casatorio Civil. De igual forma, denuncio la falsedad que se ha venido difundiendo, según la cual el TC y la Corte CIDH tiene decisiones que favorecen la primacía de la propiedad no inscrita, cuando, en realidad, sucede todo lo contrario.
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, 2015 Touro College Jacob D. Fuchsberg Law Center
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor
Touro Law Review
No abstract provided.
La Supremacía Constitucional Del Crédito Inscrito Sobre La Propiedad No Inscrita, 2015 Universidad Nacional Mayor de San Marcos
La Supremacía Constitucional Del Crédito Inscrito Sobre La Propiedad No Inscrita, Fort Ninamancco Córdova
Fort Ninamancco Cordova
Ensayo en el que se desmienten ciertas afirmaciones, de corte constitucional, sobre el VII Pleno Casatorio Civil.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP).
To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the claim of ...
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, 2015 University of Brasília-Brazil
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Thiago Luís Santos Sombra
With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection of ...
Fiduciary Duties Of Llc Managers: Are They Subject To Prospective Waiver Under The New York Llc Statute?, Jack Graves, Yelena Davydan
Touro Law Review
No abstract provided.
Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau
This Article traces the problem of mistake airfares and the federal government’s response to airlines that cancel tickets for erroneous fares. Part I of the Article explores airline pricing generally, and argues that airline tickets are a unique form of commodity good, one where there is no consumer expectation of a reasonable price. The dynamic nature of airline yield management means that prices for the exact same seat on an airplane can range dramatically on a variety of circumstances and factors that are beyond the knowledge, control or comprehension of the ordinary consumer. The Article investigates several well-known examples ...
Toward A New Language Of Legal Drafting, 2015 Stanford University
Toward A New Language Of Legal Drafting, Matthew Roach
Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.
Why The State Cannot “Abolish Marriage”: A Partial Defense Of Legal Marriage, 2015 Duke Law School
Why The State Cannot “Abolish Marriage”: A Partial Defense Of Legal Marriage, Gregg P. Strauss
Indiana Law Journal
Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Recently, several scholars have answered this question with a 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. The primary lesson of the thought experiment is that the state cannot abolish intimate ...