Mapping Contracts, 2015 Touro Law Center
Mapping Contracts, Suzanne Darrow Kleinhaus, Sidney Kwestel
Suzanne Darrow Kleinhaus
This book combines the substance of the doctrinal law with the process for learning, by providing the frameworks essential to legal analysis and connecting those frameworks to the cases from which they come. This book is keyed to the Farnsworth Contracts casebook and contains case summaries which provide the relevant facts, holding, and reasoning for every case in the casebook. It makes the learning process visible by showing how the rules from cases are synthesized to build a conceptual framework for each legal principle. Finally, the "Framework for Analysis" sections provide a blueprint for students to follow in preparing course …
Mapping Contracts, 2015 Touro Law Center
Mapping Contracts, Suzanne Darrow Kleinhaus, Sidney Kwestel
Sidney Kwestel
This book combines the substance of the doctrinal law with the process for learning, by providing the frameworks essential to legal analysis and connecting those frameworks to the cases from which they come. This book is keyed to the Farnsworth Contracts casebook and contains case summaries which provide the relevant facts, holding, and reasoning for every case in the casebook. It makes the learning process visible by showing how the rules from cases are synthesized to build a conceptual framework for each legal principle. Finally, the "Framework for Analysis" sections provide a blueprint for students to follow in preparing course …
Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, 2015 Pepperdine University
Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan
The Journal of Business, Entrepreneurship & the Law
Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was established …
Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, 2015 University of Florida Levin College of Law
Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman
Florida Law Review
This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This Article argues that the second half of this formulation—the idea that parties reserve the procedural right to terminate without notice—is neither historically supported nor legally correct. Employment at will, as originally expressed, was a mere duration presumption reflecting America’s rejection of the predominant British rule favoring one-year employment terms. While subsequent case law expanded the presumption in various ways, a …
Unbundling Procedure: Carve-Outs From Arbitration Clauses, 2015 University of Florida Levin College of Law
Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor
Florida Law Review
A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing their attention on the unbundling of court and arbitral procedures—that is, the ability of parties to contract for à la carte or customized dispute resolution procedures in court and arbitration. While such unbundling is common ex post, i.e., after a dispute arises, most …
"Sophisticated Robots": Balancing Liability, Regulation, And Innovation, 2015 University of Florida Levin College of Law
"Sophisticated Robots": Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard
Florida Law Review
Our lives are being transformed by large, mobile, "sophisticated robots" with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely to impose requirements on the field to reduce the number and severity of injuries.
This Article addresses the issue of whether the current liability and regulatory systems provide a fair, efficient method for balancing the concern for physical safety against the need to incentivize the …
Interessi Corrispettivi E Moratori, Tasso-Soglia Usura E Clausola Penale, 2015 SelectedWorks
Interessi Corrispettivi E Moratori, Tasso-Soglia Usura E Clausola Penale, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
A Corporation's Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, 2015 University of Richmond School of Law
A Corporation's Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman
University of Richmond Law Review
Part I discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and dis cusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (HalliburtonII).19 PartII discusses the framework for the proposition of this comment. It provides a brief history of significant cas es and incorporates several recent cases that have opened the door to the possibility of implementing fee-shifting clauses. It concludes with a comparison to other contractual provisions cur rently being implemented by corporations and also analyzes fee shifting provisions under federal preemption. Part III explains why implementing …
A Comparison Of Milestone-Based And Buyout Options Contracts For Coordinating R&D Partnerships, 2015 Singapore Management University
A Comparison Of Milestone-Based And Buyout Options Contracts For Coordinating R&D Partnerships, Shantanu Bhattacharya, Vibha Gaba, Sameer Hasija
Research Collection Lee Kong Chian School Of Business
We analyze optimal contractual arrangements in a bilateral research and development (R&D) partnership between a risk-averse provider that conducts early-stage research followed by a regulatory verification stage and a risk-neutral client that performs late-stage development activities, including production, distribution, and marketing. The problem is formulated as a sequential investment game with the client as the principal, where the investments are observable but not verifiable. The model captures the inherent incentive alignment problems of double-sided moral hazard, risk aversion, and holdup. We compare the efficacy of milestone-based options contracts and buyout options contracts from the client's perspective and identify conditions under …
Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, 2015 Singapore Management University
Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong
Research Collection Yong Pung How School Of Law
One of the challenges facing Asian legal systems in the coming years is whether the courts should impose a general duty of good faith in contracts. The doctrine of good faith has been making inroads in various common law jurisdictions, most recently in Canada where the Supreme Court held in Bhasin v. Hrynew, 2014 SCC 71 that there was a duty of honest performance in all contracts. The idea behind imposing a duty of good faith in all contracts is to ensure that parties essentially “play fair” in contract negotiations and/or performance. However, is such a duty really necessary for …
La Tutela De Los Acreedores Frente A La Escisión Societaria, 2015 Universidad Nacional Mayor de San Marcos
La Tutela De Los Acreedores Frente A La Escisión Societaria, Marco Andrei Torres Maldonado
Marco Andrei Torres Maldonado
No abstract provided.
2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, 2015 Universidad Nacional Mayor de San Marcos
2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, Marco Andrei Torres Maldonado, Enrique Varsi Rospigliosi
Marco Andrei Torres Maldonado
No abstract provided.
La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, 2015 Universidad Nacional Mayor de San Marcos
La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova
Fort Ninamancco Cordova
No abstract provided.
Cloud Computing, Contractibility, And Network Architecture, 2015 University of Pennsylvania Carey Law School
Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo
All Faculty Scholarship
The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.
Modos De Extinción De La Propiedad, 2015 UNAP
Modos De Extinción De La Propiedad, Ronald Benjamin Jallurana Añamuro
RONALD Benjamín Jallurana Añamuro
De acuerdo al C. C. (art. 968) la propiedad se extingue por: 1. Adquisición del bien por otra persona. 2. Destrucción o pérdida total o consumo del bien. 3. Expropiación. 4. Abandono del bien durante veinte años, en cuyo caso pasa el predio al dominio del estado.
The Convention On Contracts For The International Sale Of Goods And The General Conditions For The Sale Of Goods, 2015 University of Georgia School of Law
The Convention On Contracts For The International Sale Of Goods And The General Conditions For The Sale Of Goods, H. Lalla Shishkevish
Georgia Journal of International & Comparative Law
No abstract provided.
Jeanne Viator, Order On Defendant Tom Woodward’S Renewed Partial Motion To Dismiss, Or Alternatively, Motion For A More Definite Statement, And Motion To Strike, 2015 Fulton County Superior Court, Judge
Jeanne Viator, Order On Defendant Tom Woodward’S Renewed Partial Motion To Dismiss, Or Alternatively, Motion For A More Definite Statement, And Motion To Strike, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Corporations And The 99%: Team Production Revisited, 2015 Tel Aviv University
Corporations And The 99%: Team Production Revisited, Shlomit Azgad-Tromer Dr.
Shlomit Azgad-Tromer Dr.
“We Are the 99%" is a political slogan used by the Occupy Wall Street movement, referring to the prevailing wealth and income inequality, and claiming a divergence of corporate America from the public. This essay explores the interaction between the general public and the public corporation, and its legal manifestation.
Stakeholder theory portrays the corporation as a sphere of cooperation between all stakeholder constituencies, including the general public. Revisiting team production analysis, the essay argues that while several constituencies indeed form part of the corporate team, others are exogenous to the corporate enterprise. Employees, suppliers and financiers contribute together …
Courts Gone “Irrationally Biased” In Favor Of The Federal Arbitration Act?—Enforcing Arbitration Provisions In Standardized Applications And Marginalizing Consumer-Protection, Antidiscrimination, And States’ Contract Laws: A 1925–2014 Legal And Empirical Analysis, 2015 William & Mary Law School
Courts Gone “Irrationally Biased” In Favor Of The Federal Arbitration Act?—Enforcing Arbitration Provisions In Standardized Applications And Marginalizing Consumer-Protection, Antidiscrimination, And States’ Contract Laws: A 1925–2014 Legal And Empirical Analysis, Willy E. Rice
William & Mary Business Law Review
Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categorically that “judicial hostility to arbitration” was the sole impetus behind Congress’s decision to enact the Federal Arbitration Act of 1925. In fact, before the FAA, systemic trade-specific problems and practices generated heated disputes and widespread litigation among merchants and trade organizations. Thus, to arrest those constituents’ concerns, Congress enacted the FAA. Briefly, under the FAA section 2, arbitration is mandatory if a contractual arbitration provision is valid and a controversy “arises out of the contract.” However, common-law rules of contract formation are equally clear: Standing alone, …
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, 2015 Texas A&M University School of Law
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge
William & Mary Business Law Review
The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …