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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi 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, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi 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 ...


Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman 2016 U.S. Army COE

Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman

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 ...


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 2015 Charleston Law School

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, Thiago Luis Sombra 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 2015 Touro Law Center

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 2015 University of Dayton

Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau

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 ...


Forum Selling, Daniel M. Klerman, Greg Reilly 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 ...


Toward A New Language Of Legal Drafting, Matthew Roach 2015 Stanford University

Toward A New Language Of Legal Drafting, Matthew Roach

Matthew Roach

Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.


Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel 2015 Bar Ilan University Faculty of Law

Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel

Indiana Law Journal

One of the most vital debates in franchise law focuses on whether state or federal law should adopt “good-cause statutes” (GCSs), which require franchisors to show good cause before terminating contractual relations with a franchisee. The traditional law-and-economics analysis suggests that GCSs are inefficient. This inefficiency argument is based upon one central hypothesis: GCSs increase franchisee free riding since they limit the franchisor’s ability to terminate the franchise contract easily. The free-riding hypothesis has been significantly influential in the development of franchise law, as is evident in state and federal statutory regimes. To date, the majority of states and ...


Why The State Cannot “Abolish Marriage”: A Partial Defense Of Legal Marriage, Gregg P. Strauss 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 ...


Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger 2015 Fulton County Superior Court

Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger

Georgia Business Court Opinions

No abstract provided.


Summary Of Excellence Cmty. Mgmt. V. Gilmore, 131 Nev. Adv. Op. 38 (June 25, 2015), Ashleigh Wise 2015 Nevada Law Journal

Summary Of Excellence Cmty. Mgmt. V. Gilmore, 131 Nev. Adv. Op. 38 (June 25, 2015), Ashleigh Wise

Nevada Supreme Court Summaries

The Court held the sale of a 100 percent membership interest in a limited liability company does not affect the enforcement of an employee’s employment contract containing a restrictive covenant because the sale does not create a new entity. An employer limited liability company may enforce a restrictive covenant in an employment contract without its employee’s consent of assignment.


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


A Trustee’S Fiduciary Duties At The Start And End Of Administration, Robert Whitman 2015 The Catholic University of America, Columbus School of Law

A Trustee’S Fiduciary Duties At The Start And End Of Administration, Robert Whitman

Catholic University Law Review

Prior to the creation of a trust and at its termination, a trustee’s fiduciary duties are often ambiguous. It is argued that, where fiduciary duties do not exist, contract law may be found to govern the rights of the settlor, the trustee, and the beneficiaries. This article refutes this argument because under the principles of modern contract law, certain conduct may be permitted that would not be acceptable if fiduciary duties existed more clearly. The most common problems arise in three areas: (1) the seeking of a receipt and release by a corporate fiduciary upon an informal termination of ...


James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland 2015 Fulton County Superior Court, Judge

James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc., Elizabeth E. Long 2015 Fulton County Superior Court

Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc., Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Contrato, Operación Económica Y Equilibrio Contractual, Carlos Tamani 2015 National University of San Marcos-Perú

Contrato, Operación Económica Y Equilibrio Contractual, Carlos Tamani

Carlos Tamani

n el presente trabajo se cuestiona el criterio del análisis económico del derecho que sostiene la inutilidad de la excesiva onerosidad de la prestación y de la lesión, en razón de que los contratos son en sí desequilibrados, por lo que no son necesarias figuras legales que apunten a remediar tal desequilibrio. En opinión del autor, debe comprenderse de forma correcta la noción del equilibrio contractual, entendiéndose, al efecto, al contrato como una operación económica. En tal sentido, el equilibrio contractual no se identificaría con una equivalencia de prestaciones sin que exista un intercambio de prestaciones querido por ambas partes ...


John W. Robinson Iii, Protective Order, John Goger 2015 Fulton County Superior Court

John W. Robinson Iii, Protective Order, John Goger

Georgia Business Court Opinions

No abstract provided.


Construyendo La Definición De Variaciones En El Contrato De Obra., Walter Vásquez Rebaza 2015 Pontificia Universidad Catolica del Peru

Construyendo La Definición De Variaciones En El Contrato De Obra., Walter Vásquez Rebaza

Walter Vásquez Rebaza

No abstract provided.


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