La Causa Como Posible Cláusula General Del Ordenamiento Jurídico En Las Aplicaciones Jurisprudenciales
Carlos Augusto Acosta Olivo
No abstract provided.
Prólogo Al Libro “Estudios Sobre Responsabilidad Contractual” De Fernando Pantaleón Prieto, 2010 Pontificia Universidad Católica del Perú
Prólogo Al Libro “Estudios Sobre Responsabilidad Contractual” De Fernando Pantaleón Prieto, Rómulo Morales
Rómulo Martín Morales Hervias
El prólogo que se publica es la versión completa y no la mutilada intencionalmente por quien no admite la discrepancia en temas jurídicos. El libro que se comenta es un buen ejemplo de un inevitable malabarismo doctrinario que consiste en intentar interpretar un código del siglo XIX mediante las doctrinas post modernas del Derecho Civil. Ello es una prueba irrefutable que lo más importante no es tanto arribar al sentido literal de la norma jurídica sino lograr encontrar el sentido de una interpretación actualizada y bien fundamentada.
La Definición Del Contrato De Consumo En El Código De Protección Y Defensa Del Consumidor, 2010 Pontificia Universidad Católica del Perú
La Definición Del Contrato De Consumo En El Código De Protección Y Defensa Del Consumidor, Rómulo Morales
Rómulo Martín Morales Hervias
En el contrato de consumo, el empresario ejerce las libertades de celebrar el contrato y de estipulación mientras que el consumidor solo ejerce la libertad de celebrar el contrato. El Código peruano de Protección y Defensa del Consumidor no lo define adecuadamente.
Do Liquidated Damages Encourage Breach? A Psychological Experiment, 2010 University of Pennsylvania Law School
Do Liquidated Damages Encourage Breach? A Psychological Experiment, Tess Wilkinson-Ryan
No abstract provided.
Rewarding Trespass & Other Enigmas: The Strange World Of Self-Exclusion & Casino Liability, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Rewarding Trespass & Other Enigmas: The Strange World Of Self-Exclusion & Casino Liability, Emir Aly Crowne-Mohammed, Meredith A. Harper
UNLV Gaming Law Journal
In this paper, the authors address many of the tortious and contractual issues associated with the liability of casinos to problem gamblers. The issues in tort are analyzed through the traditional elements of the action – duty of care, standard of care, proximity, and recognizable loss. Under contract law, the authors examine the problems associated with consideration and mental capacity when problem gamblers sign a contractual undertaking to be excluded from casinos and other gaming venues.
Many of the references cited in this work relate to the Province of Ontario because an earlier article (and report) on the issue of problem ...
Economic Value, Equal Dignity And The Future Of Sweepstakes, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Economic Value, Equal Dignity And The Future Of Sweepstakes, Anthony N. Cabot, Glenn J. Light, Karl F. Rutledge
UNLV Gaming Law Journal
The three basic forms of prize gaming are gambling, sweepstakes, and contests. Most states have a common approach to determining the legality of prize gaming. In general, states analyze if an activity includes three factors associated with gambling: (1) opportunity to win a prize, (2) winning based on chance, and (3) consideration paid to take that chance. If you take away any one of the three elements of gambling—consideration, prize, or chance—you have an activity that is lawful in most states. A contest, for example, differs from gambling because the winner is determined by skill. Determination of whether ...
Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, 2010 University of Massachusetts School of Law - Dartmouth
Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele
This article recounts the deficiencies of constitutional law and common tenure contract language - the latter based on the 1940 Statement of Principles of the American Association of University Professors - in protecting the academic freedom of faculty on the modern university campus. The article proposes an Interpretation of that common language, accompanied by Illustrations, aiming to describe the penumbras of academic freedom - faculty rights and responsibilities that surround and emanate from the three traditional pillars of teaching, research, and service - that are within the scope of the tenure contract but not explicitly described by it, and therefore too readily subject to ...
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
The John Marshall Journal of Information Technology & Privacy Law
Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law ...
Beyond A Definition: Understanding The Nature Of Void And Voidable Contracts, 2010 Campbell University School of Law
Beyond A Definition: Understanding The Nature Of Void And Voidable Contracts, Jesse A. Schaefer
Campbell Law Review
This Comment will ... first briefly explore the historical development of the concept of voidness. Second, it will detail the rise of the formalist approach, and will provide some criticism of that approach. Third, it will introduce the legal underpinnings of the functionalist approach. Finally, it will attempt to pull back the layer of legal detritus that has developed on this topic to reveal a workable and practical approach to understanding contract invalidity.
Arbitration's Summer Soldiers Marching Into Fall: Another Look At Eisenberg, Miller, And Sherwin's Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, 2010 California Western School of Law
Arbitration's Summer Soldiers Marching Into Fall: Another Look At Eisenberg, Miller, And Sherwin's Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Nancy Kim
Our empirical study examines the role and importance of arbitration clauses in standard form contracts, primarily with other businesses. While much has been written about the impact of mandatory arbitration clauses in consumer contracts, relatively little has been written on mandatory arbitration clauses in customer agreements where the customer was a business and not an individual consumer. In this Article, we specifically address the findings presented in Theodore Eisenberg, Geoffrey Miller, and Emily Sherwin’s study, Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts.1 Our study finds that many businesses employ mandatory ...
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, 2010 California Western School of Law
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim
The Principles of the Law of Software Contracts, or the "Principles," seek to "unify and clarify" the law of software transactions. The drafters, however, excluded "digital content" from the scope of their project. This Essay explains why the scope of the Principles should encompass digital content. The exclusion of digital content creates two different but related problems. The first problem is that it creates what I refer to as "classification confusion." Given the complexity and speed of technological innovation, the task of distinguishing digital content from software may be difficult for courts. The second problem is that it fails to ...
When Your Body Is Your Business, 2010 Mitchell Hamline School of Law
When Your Body Is Your Business, Mary P. Byrn, Morgan L. Holcomb
Surrogacy in the United States is a multi-million dollar industry in which well paid professionals seek out highly specialized women to fulfill the difficult job of being a surrogate. Surrogates enter lengthy contracts in which they agree, in intricate detail, to provide a service for significant compensation - surrogates are paid well over $22 million dollars a year. This article argues that surrogates are also professionals in this for-profit industry and are required to report surrogacy compensation as income. As a corollary, surrogates may deduct most of their surrogacy related expenses as business deductions. Being a surrogate is a highly personal ...
Where Is Emily Litella When You Need Her?: The Unsuccessful Effort To Craft A General Theory Of Obligation Of Promise For Benefit Received, 2010 Mitchell Hamline School of Law
Where Is Emily Litella When You Need Her?: The Unsuccessful Effort To Craft A General Theory Of Obligation Of Promise For Benefit Received, Edwin J. Butterfoss, Allen Blair
No abstract provided.
All Dogs Go To Heaven... Or Divorce Court: New Jersey Unleashes A Subjective Value Consideration To Resolve Pet Custody Litigation In Houseman V. Dare, 2010 Villanova University Charles Widger School of Law
All Dogs Go To Heaven... Or Divorce Court: New Jersey Unleashes A Subjective Value Consideration To Resolve Pet Custody Litigation In Houseman V. Dare, Eric Kotloff
Villanova Law Review
No abstract provided.
Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, 2010 Washington and Lee University School of Law
Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon
This paper is an invited comment on Peter Oh's article "Veil-Piercing" published in the Texas Law Review. I make two points. First, I suggest that Oh's exhaustive analysis of the factors cited by courts to justify veil-piercing, like Robert Thompson's before it, does not actually tell us much about what is going on in the cases. For reasons that I explain, the asserted rationales cannot determine the results. Instead, vaguely articulated and poorly understand notions of policy and fairness drive decision making in this area. The law will continue to be obscure and results unpredictable until courts ...
A Patent Panacea?: The Promise Of Corbinized Claim Construction, 2010 University of Richmond
A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore
Law Student Publications
A patent's claims define the scope of a patent-holder's right to exclude others. Because patent infringement actions often hinge on how a court construes claim terms, the interpretative approach that a court uses has a significant effect on the scope ofpatent rights. This article examines claim construction through the lens of contract law. In theory, the Federal Circuit has explicitly rejected the application of contract interpretation principles to claim construction, despite historical acceptance of the patent-contract analogy. In practice, however, the Federal Circuit applies the theory of contract interpretation espoused by Samuel Williston, a theory that focuses on ...
Reliance On Oral Promises: Statute Of Frauds And Promissory Estoppel, 2010 University of Richmond
Reliance On Oral Promises: Statute Of Frauds And Promissory Estoppel, David G. Epstein
Law Faculty Publications
Reliance on oral promises is the basis not only for law school hypotheticals but also for real world litigation. Consider the following hypothetical based on the 1970 Supreme Court of Hawaii decision in Mcintosh v. Murphy: Tex moved from Lubbock, Texas to Oklahoma to work for Murphy Motors Chevrolet-Oldsmobile, an Okmulgee car dealership. Tex signed a lease for an apartment in Okmulgee. After two months as assistant sales manager, Murphy Motors fired Tex. Tex sued Murphy Motors alleging breach of an alleged oral agreement that she would be employed for two years. It is understandable that a jury might not ...
The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone
School of Professional and Continuing Studies Faculty Publications
This article sails into the largely unchartered waters of reverse-morals clauses because, to our knowledge, there are no law review or law journal articles that substantially address this still nascent area of law.25 Similarly, our research has not revealed any state or federal cases involving reverse-morals clauses.26 Nor has an actual talent contract containing such a clause been publicly revealed, either in terms of language or the identification of the parties to such a clause,27 although reportedly "an increasingly larger number" of talent are now asking for reverse-morals clauses in the wake of the Enron fallout and ...
The Insurance Policy As Statute, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Insurance Policy As Statute, Jeffrey W. Stempel
Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective ...
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, 2010 Indiana University Maurer School of Law
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Articles by Maurer Faculty
Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and ...