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Articles 1 - 15 of 15
Full-Text Articles in Law
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
FIU Law Review
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
Indiana Journal of Global Legal Studies
This article considers how legal frameworks shape the autonomous subject in a global economy. It makes salient the ways that different legal frameworks presume and enforce a particular subjectivity by positing certain behavioral expectations of various subjects. It does so through a focus on the underexplored rhetoric and implicit narratives of consumer contract law and transactional practice in the American and European regimes. By comparing the approach of the European Union to consumer contract, which posits the consumer as facing significant constraints on agency, to that in the United States, which elides functional limits of consumer knowledge and choice, this …
The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh
The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh
Faculty Scholarship
This chapter examines the relationship between private law and constitutional law in India, with particular emphasis on tort law. It considers the Indian Supreme Court’s expansion of its fundamental rights jurisprudence over the past thirty years, as well as its effort to transcend the public law/private law divide. It also explains how the Court’s fusion of constitutional law and tort law has affected the independent efficacy, normativity, and analytical basis of equivalent private law claims in India. It argues that the Court’s efforts have only undermined the overall legitimacy of private law mechanisms in the country, and that this phenomenon …
Mistaken Identity And Its Effect On Contractual Validity: Some Cases Frm The English Courts, Anthony Finucane
Mistaken Identity And Its Effect On Contractual Validity: Some Cases Frm The English Courts, Anthony Finucane
Akron Law Review
The doctrine of mistake has grown increasingly complicated with the passage of time. Nowhere is that complexity more obvious than in the area of unilateral mistake, of which the distinguishing feature is that the mistake made by one party is known to, and almost invariably induced by the fraud of, the other.
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
Pepperdine Law Review
At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …
Limits Of Procedural Choice Of Law, S. I. Strong
Limits Of Procedural Choice Of Law, S. I. Strong
Faculty Publications
Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.
Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …
The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar
The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar
Touro Law Review
No abstract provided.
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
University of Miami International and Comparative Law Review
China has opened its doors to the world so understanding Chinese contract law is crucial to succeeding in international business transactions. The United States and China are both signatories to the United Nations Convention on Contracts for the International Sale of Goods (CISG), and both nations have declared that neither are bound under Article 1(1)(b), which means that if a contractual conflict arises, the domestic law of either nation may apply when interpreting the contract. China only requires offer and acceptance whereas the United States requires mutual assent and consideration, so contract interpretation may be problematic. Beyond offer and acceptance, …
The Puzzle Of "Freedom Of Contract" In China's Contract Law, Jun Zhao
The Puzzle Of "Freedom Of Contract" In China's Contract Law, Jun Zhao
ILSA Journal of International & Comparative Law
Recent events have intensified the debates over "freedom of contract" and governmental intervention in China: the Shanxi coal mining reform and the forced mergers, the corkage fee dispute in Guizhou, the offers posted on the Internet selling human milk, contractual surrogacy arrangement, contractually designed money laundering scam in western China under the name of western China development, just to name a few
When Are Agreements Enforceable? Giving Consideration To Professor Barnett's Consent Theory Of Contract, James Maxeiner
When Are Agreements Enforceable? Giving Consideration To Professor Barnett's Consent Theory Of Contract, James Maxeiner
All Faculty Scholarship
This address considers five points: (1) the place of theory in American contract law; (2) the basic elements of Professor Barnett's theory are; (3) how these elements are similar to Continental law; (4) what it says about the American legal world that Barnett's theory has been discussed without reference to Continental systems; and, finally, (5) why I believe the American model is not a good one for a future European Civil Code but also hope that such a Code will become law.
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.
À Propos D’Instruments Protecteurs De La Liberté De Contracter Valablement Dans La Jurisprudence Italienne, Mauro Bussani
À Propos D’Instruments Protecteurs De La Liberté De Contracter Valablement Dans La Jurisprudence Italienne, Mauro Bussani
Mauro Bussani
The paper analyzes Italian contract law with regard to the remedies available to the party who enters into an invalid agreement. The article focuses on how Italian courts have so far interpreted the rules laid down in the civil code, the doctrines developed by scholars alongside these rules, and the actual meaning of the notion of fault when applied to these cases.
The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner
The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
The Interplay Of Planned Economy And Traditional Contract Rules In Poland, Wencelas J. Wagner
The Interplay Of Planned Economy And Traditional Contract Rules In Poland, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.