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4949 full-text articles. Page 4 of 114.

Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger 2017 Fulton County Superior Court Judge

Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Robert L. Nix Order On Motion For Attorney's Fees, John J. Goger 2017 Fulton County Superior Court Judge

Robert L. Nix Order On Motion For Attorney's Fees, John J. Goger

Georgia Business Court Opinions

No abstract provided.


The Behavioral Paradox Of Boilerplate, Tess Wilkinson-Ryan 2017 University of Pennsylvania Law School

The Behavioral Paradox Of Boilerplate, Tess Wilkinson-Ryan

Faculty Scholarship

Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are at best potentially helpful, and at worst harmless. This Article makes the empirical case that unread terms are not a neutral part of American commerce; instead, the mere fact of fine print inhibits reasonable challenges to unfair deals. The experimental study reported here tests the ...


Drummond Financial Services Llc Et Al., Order On Discovery Disputes, John J. Goger 2017 Fulton County Superior Court Judge

Drummond Financial Services Llc Et Al., Order On Discovery Disputes, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Betraying Formality For False Equity: The Danger Of Transposing Equitable Considerations Into Contract Law To Remedy Regulatory Pitfalls, Elliott Morris 2017 College of William & Mary Law School

Betraying Formality For False Equity: The Danger Of Transposing Equitable Considerations Into Contract Law To Remedy Regulatory Pitfalls, Elliott Morris

William & Mary Environmental Law and Policy Review

No abstract provided.


Morris Hardwick Schneider Llc Et Al Order On Plaintiffs' Motion To Dismiss Defendant Hardwick's Counterclaims And Motions For Protective Order And Stay, Melvin K. Westmoreland 2017 Fulton County Superior Court Judge

Morris Hardwick Schneider Llc Et Al Order On Plaintiffs' Motion To Dismiss Defendant Hardwick's Counterclaims And Motions For Protective Order And Stay, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Pulte Home Corporation Order On Defendant' Choate Construction Company's Motion For Partial Summary Judgment, John J. Goger 2017 Fulton County Superior Court Judge

Pulte Home Corporation Order On Defendant' Choate Construction Company's Motion For Partial Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services Llc Order On Defendants' Motion For Partial Stay, John J. Goger 2017 Fulton County Superior Court Judge

Drummond Financial Services Llc Order On Defendants' Motion For Partial Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Gross Endowment Trust Llc, Roy Dickson Order On Plaintiffs' Motion To Compel Second Deposition Of Non-Party Fortress Investment Group, Llc, Alice D. Bonner 2017 Fulton County Superior Court Judge

Gross Endowment Trust Llc, Roy Dickson Order On Plaintiffs' Motion To Compel Second Deposition Of Non-Party Fortress Investment Group, Llc, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Samaca, Llc, Order On Defendants' Motion To Dismiss Complaint And Compel Arbitration, Alice D. Bonner 2017 Fulton County Superior Court Judge

Samaca, Llc, Order On Defendants' Motion To Dismiss Complaint And Compel Arbitration, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens 2017 University of Maine School of Law

Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens

Maine Law Review

This Article addresses the central concept of “reasonableness” in the common law and constitutional jurisprudence. On the basis of three examples, the common law of torts, the common law of contracts, and Fourth Amendment jurisprudence, the Article notes that different areas of the law follow fundamentally inconsistent utilitarian, pragmatic, and formalist reasonableness paradigms. The significance of this diversity of reasonableness paradigms remains largely under-theorized. This Article submits that the diversity of reasonableness paradigms is a necessary feature of the common law. It theorizes that the utilitarian, pragmatic and formalistic paradigms are structural elements driving the common law norm-generation process. This ...


The Deformation Of Contract In The Information Society, Margaret Jane Radin 2017 University of Michigan - Ann Arbor

The Deformation Of Contract In The Information Society, Margaret Jane Radin

Law & Economics Working Papers

The HLA Hart Memorial Lecture delivered at Oxford on May 24, 2016. The Lecture considers how the advent and growth of the information society is posing challenges for the traditional theories of contract, and for the duties of the State with regard to contractual ordering. In particular, the Lecture considers the lack of ‘fit’ between certain prevalent uses of contract and the underlying justification for contract enforcement.


Contract Exposition And Formalism, Gregory Klass 2017 Georgetown University Law Center

Contract Exposition And Formalism, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Formalism in contract law has had many defenders and many critics. What courts need, however, is an account of when formalist approaches work and when they do not. This article addresses that need by developing a general theory of the rules of contract interpretation and construction—contract “exposition.” The theory distinguishes inter alia two forms of formalism. Formalities effect legal change by virtue of their form alone, and thereby obviate interpretation. Examples from contract law include “as is”, the seal and boilerplate terms. Formalities work when parties intend their legal effects, that is, when they perform juristic acts. Plain meaning ...


El Haz Y El Envés Del Ix Pleno Casatorio Civil, Fort Ninamancco Córdova 2017 Universidad Nacional Mayor de San Marcos

El Haz Y El Envés Del Ix Pleno Casatorio Civil, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Bsl Holdings, Llc Et Al., Order On Third Party Defendants' Motion To Dismiss, Elizabeth E. Long 2017 Fulton County Superior Judge

Bsl Holdings, Llc Et Al., Order On Third Party Defendants' Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


International Commodity Agreements, Kenneth Klein 2017 University of Georgia School of Law

International Commodity Agreements, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.


Whole Foods For The Whole Pregnancy: Regulating Surrogate Mother Behavior During Pregnancy, Teresa Donaldson 2017 College of William & Mary Law School

Whole Foods For The Whole Pregnancy: Regulating Surrogate Mother Behavior During Pregnancy, Teresa Donaldson

William & Mary Journal of Women and the Law

No abstract provided.


You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li 2017 The University of Western Ontario

You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li

Western Journal of Legal Studies

The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors ...


Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal 2017 Colorado Law

Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal

Marquette Law Review

This Article investigates why an expert volunteers on behalf of startups that participate in a novel type of small venture capital ("VC") fund known as a mentor-driven investment accelerator ("MDIA"). A MDIA organizes a pool of seasoned individuals - called "mentors" - to help new companies. An obvious organizational strategy would be to contract with mentors. Mentors instead voluntarily assist. Legal studies of norm-based exchanges do not explain what this Article calls the "mentorship conundrum" - i.e., the puzzling motivation of a mentor to volunteer within otherwise for-profit environments. This Article is the first to bridge the insights of generalized exchange theory ...


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