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Il Poliamore E I Beni Comuni. Primissime Riflessioni, Ugo Mattei 2017 University of California Hastings College of the Law

Il Poliamore E I Beni Comuni. Primissime Riflessioni, Ugo Mattei

Ugo Mattei

No abstract provided.


Wrangling Services Contracts In Libraries, Michael Rodriguez 2017 University of Connecticut

Wrangling Services Contracts In Libraries, Michael Rodriguez

Charleston Library Conference

As more and more academic libraries outsource information technology services and enter into cooperative consortial schemes with other organizations, librarians push into a minefield of contractual negotiations, obligations, and liabilities more complicated and consequential than the typical e-resource licenses is. A poorly wordsmithed license may result in loss of access to journals, whereas becoming entangled in troubled consortia, watching an essential technology go offline during finals week, or getting audited by a vendor without contractual safeguards or recourse can produce much greater financial and administrative burdens. This concurrent session was a crash course in negotiating service contracts favorable to libraries ...


Doing Deals With Aristotle—Today, Chapin F. Cimino 2017 Seattle University School of Law

Doing Deals With Aristotle—Today, Chapin F. Cimino

Seattle University Law Review

This analysis proceeds in six steps. In Part I, this Article sets the stage by describing the problem: while contracting behavior is increasingly complex, contract law and theory remain stubbornly uni-faceted. That is, while contracting and contractors are ever more modern, contract law and theory are ever more traditional. The greater the divide, the less useful contract theory is to contract law, and the less useful contract law is to contractors. This trend does not bode well for the future of contract law or theory. The question is how much of a crisis contract law will have to endure before ...


Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming LEE, Wei Yao, Kenny CHNG 2017 Singapore Management University

Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Wei Yao, Kenny Chng

Research Collection School Of Law

In a series of inconsistent decisions by the Singapore courts on contractformation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appearsto have been simultaneously adopted and rejected. This article suggests thatthe continued uncertainty in Singapore regarding the scope of application ofthe traditional approach and Lord Denning’s approach arises from aconflation of both as being substantially similar. This article further arguesthat both approaches are conceptually and practically distinct. A better wayforward for Singapore law in the area of contract formation in continuingnegotiations cases, having regard to developments in English ...


Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza MIK 2017 Singapore Management University

Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik

Research Collection School Of Law

If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding ...


Reconsidering Contractual Consent: Why We Shouldn't Worry Too Much About Boilerplate And Other Puzzles, Nathan B. Oman 2017 William & Mary Law School

Reconsidering Contractual Consent: Why We Shouldn't Worry Too Much About Boilerplate And Other Puzzles, Nathan B. Oman

Faculty Publications

Our theoretical approaches to contract law have dramatically over-estimated the importance of voluntary consent. The central thesis of this article is that voluntary consent plays at best a secondary role in the normative justification of contract law. Rather, contract law should be seen as part of an evolutionary process of finding solutions to problems of social organization in markets. Like natural evolution, this process depends on variation and feedback. Unlike natural evolution, both the variation and the feedback mechanisms are products of human invention. On this theory, consent serves two roles in contract law. First, consent makes freedom of contract ...


Transactional Real Estate Law: From Contract To Closing, Jacqueline A. Revis, Ronald Brown 2017 Nova Southeastern University - Shepard Broad College of Law

Transactional Real Estate Law: From Contract To Closing, Jacqueline A. Revis, Ronald Brown

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys about how to process a real estate transaction from contract to closing, focusing on the current rules and regulations for financed transactions.

  • How to competently act as a closing agent for a real estate transaction in Florida
  • Review requirements of a title agent
  • Discuss difference between being only a title agent and the additional role representing a particular party (buyer or seller)
  • Understanding the new closing disclosure form and the difference between a buyer closing disclosure and a seller closing disclosure
  • Handling special challenges that arise in the context of real estate ...


State Of Nevada Dep’T Of Trans. V. Eighth Judicial District Court (Nassiri), 133 Nev. Adv. Op. 70 (September 27, 2017), Natice Locke 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

State Of Nevada Dep’T Of Trans. V. Eighth Judicial District Court (Nassiri), 133 Nev. Adv. Op. 70 (September 27, 2017), Natice Locke

Nevada Supreme Court Summaries

The Court considered a writ of mandamus challenging district court orders denying summary judgment on a landowner’s contract claims following a settlement in a condemnation action. The Court held the district court improperly ruled there were no undisputed facts when it denied the Nevada Department of Transportation’s motion for summary judgment on a landowner’s contract claims.


Property And Contracts In Church Law, Reverend Jordan Hite 2017 St. John's University School of Law

Property And Contracts In Church Law, Reverend Jordan Hite

The Catholic Lawyer

No abstract provided.


Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto 2017 Boston College Law School

Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto

Boston College Law Review

In recent years, the sharing economy has pervaded the life of the consumer, challenging the regulatory and business status quo. Despite the pluralistic messages of many sharing economy companies, racial discrimination is a growing problem on peer-to-peer networks such as Uber and Airbnb. Victims of discrimination, however, have encountered an even greater opponent: class action waivers in arbitration agreements, which are omnipresent in sharing economy company contracts. Due to the inherent tie between class action and civil rights, racial discrimination claims in the sharing economy are held hostage by individual arbitration agreements. This Note argues that without action by Congress ...


Lewis V. Clarke, Summer L. Carmack 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst 2017 Marquette University Law School

Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst

Marquette Law Review

Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests ofthe individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best rule ...


Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon 2017 Clinical Professor of Law, Sandra Day O’Connor College of Law, Arizona State University

Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon

Montana Law Review

Tales from a Form Book: Stock Stories and Transactional Documents


Cuando Otros Deciden Por Ti: La Eficiencia En La Intervención Judicial De Los Contratos Civiles, Diego Angulo Osorio 2017 ALACDE

Cuando Otros Deciden Por Ti: La Eficiencia En La Intervención Judicial De Los Contratos Civiles, Diego Angulo Osorio

The Latin American and Iberian Journal of Law and Economics

When the supply crosses with the acceptance of the contract, it is an optimal situation because the resources available, in theory, have been assigned efficiently and have been allocated to more valuable uses. However, this optimistic situation will not last forever; over time, it almost always affects the economic balance of the contract. The benefit or consideration becomes more valuable in comparison with the other, becoming too costly to comply with the contract, because the cost-benefit ratio was broken. How can the contractual balance be restored? Two paths are considered. On the one hand, judicialization, on the other renegotiation under ...


Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone 2017 Florida International University College of Law

Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone

Kerri Stone

No abstract provided.


Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min 2017 University of Pennsylvania Law School

Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min

Faculty Scholarship

Recently, courts have embraced the contractarian theory that corporate charters and bylaws constitute a “contract” between the shareholders and the corporation and have been more willing to uphold bylaws unilaterally adopted by the directors. This paper examines the contractarian theory by drawing a parallel between amending charters and bylaws, on the one hand, and amending contracts, on the other. In particular, the paper compares the right to unilaterally amend corporate bylaws with the right to unilaterally modify contract terms, and highlights how contract law imposes various limitations on the modifying party’s discretion. More generally, when the relationship of contracting ...


Concurrent Liability In Tort And Contract, Yihan GOH, Man YIP 2017 Singapore Management University

Concurrent Liability In Tort And Contract, Yihan Goh, Man Yip

Research Collection School Of Law

This articleexamines the understanding of concurrent liability in tort and contract,through a detailed analysis of the interplay, intersection and independence of thelaw of torts and the law of contract. The central argument that will beadvanced is that the present understanding of the ‘incident rules’ inconcurrent liability in tort and contract, such as the applicable rules ofremoteness or limitation, is inconsistent with the rationale for concurrencelaid down in Henderson v MerrettSyndicates Ltd. Rather than analyse concurrence as a single situation, thatis, conceiving it as a contest between rules of tort or contract rules, we arguethat the better way forward is ...


Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff 2017 New York University School of Law

Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff

New York University Law and Economics Working Papers

We consider the emergent practice of including clauses in corporate certificates of incorporation or bylaws that specify an exclusive legal forum for lawsuits. According to their proponents and most courts that have considered the question, such forum-terms are, and should be, enforceable as contractual choice-of-forum provisions. We argue that treating corporate charter and bylaw forum-terms as a matter of ordinary contact doctrine is neither logical nor justified. Because charters and bylaws involve the state in ways that are at odds with private-ordering principles and because they entail only a limited form of “consent,” an analysis of enforceability must account for ...


Sovereign Debt And Moral Hazard: The Role Of Collective Action And Contractual Ambiguity, Marcel Kahan, Shmuel Leshem 2017 New York University School of Law

Sovereign Debt And Moral Hazard: The Role Of Collective Action And Contractual Ambiguity, Marcel Kahan, Shmuel Leshem

New York University Public Law and Legal Theory Working Papers

The ambiguous phrasing of pari passu (equal treatment) clauses in sovereign debt contracts has long ba ed commentators. We show that in the presence of asymmetric information on a sovereign borrower’s ability to pay, an ambiguous pari passu clause gives rise to a collective action problem among creditors that can reduce sovereign moral hazard. By varying the clause ambiguity, parties can induce an (ex ante) optimal probability of costly renegotiation breakdown resulting from creditors’failure to coordinate. As information asymmetry decreases, a pari passu clause becomes a coarser instrument for configuring creditors’incentives and thereby resolving moral hazard.


Relational Contracts Of Adhesion, David A. Hoffman 2017 University of Pennsylvania Law School

Relational Contracts Of Adhesion, David A. Hoffman

Faculty Scholarship

Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued for failing to perform.

On reflection, this ordinary phenomenon is perplexing. Why would firms persist in deploying uncommunicative behavioral ...


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