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Articles 1 - 30 of 8135
Full-Text Articles in Law
Shifting Towards Boilerplate Regulation, Wayne R. Barnes
Shifting Towards Boilerplate Regulation, Wayne R. Barnes
University of Miami Law Review
Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …
Pizza Hut L.L.C. V. Pandya: Exploring The Validity Of Pre-Dispute Jury Waivers, Logan Allen
Pizza Hut L.L.C. V. Pandya: Exploring The Validity Of Pre-Dispute Jury Waivers, Logan Allen
Texas A&M Law Review
This Note analyzes a 2023 Fifth Circuit opinion concerning whether a contractual pre-dispute jury waiver is enforceable utilizing the knowing and voluntary factors and when challenged under general fraud allegations. The Fifth Circuit incorrectly weighed two of the voluntary and knowing factors—conspicuousness and unequal bargaining power—to be in favor of enforcing the jury waiver when the facts of the case and prior case law prove otherwise. The Fifth Circuit should have first applied a historical analysis in analyzing a constitutional right, but the court was reasonable in applying the arbitration rule to jury waiver provisions because waiving a jury right …
Construing "Consideration" In Maine's Recreational Use Statute: Robbins V. Great Northern Paper Co., Russell B. Pierce, Jr.
Construing "Consideration" In Maine's Recreational Use Statute: Robbins V. Great Northern Paper Co., Russell B. Pierce, Jr.
Maine Law Review
Since 1961, when the Legislature enacted the original version of Maine's "recreational use statute," the Maine Supreme Judicial Court has had little opportunity to construe the statute's several components. The recent case of Robbins v. Great Northern Paper Co., however, allowed the court to interpret the "consideration" exception of the statute for the first time. In a 4-3 decision, the Maine Supreme Judicial Court, sitting as the Law Court, ruled that a $95.00 annual rental fee for noncommercial, recreational use of a lot on the defendant's property did not constitute "consideration" so as to fall within the exception to landowner …
Libby V. Calais Regional Hospital: Contracting Out Of Maine's Employment-At-Will Doctrine, Russell Goldsmith
Libby V. Calais Regional Hospital: Contracting Out Of Maine's Employment-At-Will Doctrine, Russell Goldsmith
Maine Law Review
In Libby v. Calais Regional Hospital, Elizabeth Libby, a medical technologist at Calais Regional Hospital, brought suit against her former employer claiming breach of contract for improper discharge and alleging that the hospital failed to honor the terms of their mutually binding employment agreement. In particular, the plaintiff maintained that the hospital did not follow the termination procedures that had been set forth in her employee handbook and that were incorporated as terms of her employment contract. The trial court granted defendant's motion for a directed verdict, concluding that the plaintiff did not present sufficient evidence to show that her …
Commercial Boilerplate: A Review And Research Agenda, Robert E. Scott, Stephen J. Choi, Mitu Gulati
Commercial Boilerplate: A Review And Research Agenda, Robert E. Scott, Stephen J. Choi, Mitu Gulati
Faculty Scholarship
Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on consumer contracts, with the debate centered on the question of whether take-it-or-leave-it mass-produced forms imposed on consumers by large corporations should be treated as contracts or as a problem in regulation. By contrast, commercial boilerplate — the standard forms used in transactions for corporate or sovereign bonds or merger agreements — has traditionally received little attention. The assumption has been that form contracts among sophisticated parties may differ in form but not in substance from bespoke contracts between business entities. Yet a growing body of scholarship …
Surviving Lender Violence: The Case For Resuscitating Contractual Good Faith In New York, Zachary T. Hanusek
Surviving Lender Violence: The Case For Resuscitating Contractual Good Faith In New York, Zachary T. Hanusek
Fordham Law Review
In recent years, lender violence has become the preferred term for a rapidly developing restructuring market centered on the premise that a subset of lenders in a syndicate can increase their own recovery prospects at the expense of the remaining lenders in their group by engaging in a so-called “liability-management transaction.” This term evokes images of rival factions of corporate lenders engaging in physical combat. Although these hyper-technical restructurings certainly fall short of the barbarity the label suggests, the reality is that lenders participating in the so-called violence can siphon hundreds of millions of dollars away from nonparticipating lenders and …
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
KNEA 50th Anniversary
In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Two Forms Of Formalism In Contract Law, Gregory Klass
Two Forms Of Formalism In Contract Law, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Formalism in contract interpretation has had many defenders and many critics. What lawmakers need, however, is an account of when formalism works and when it does not. This article addresses that need by providing general theory of contract exposition and differentiating between two salient forms of formalism in contract law. Formalities effect legal change by virtue of their form alone, thereby obviating interpretation. Examples include “as is”, the seal, and sometimes contract boilerplate. Evidentiary formalism, in distinction, limits the evidence that goes into interpretation. Plain meaning rules are an example of evidentiary formalism. The article provides a detailed analysis of …
Analisis Pengalihan Utang (Take Over Kredit) Di Bawah Tangan Pada Perjanjian Leasing (Studi Putusan Nomor 3/Pdt.G/2019/Pn Pgp), Dhiyaa Dibrina Fa Atin, Togi Marolop Pangaribuan
Analisis Pengalihan Utang (Take Over Kredit) Di Bawah Tangan Pada Perjanjian Leasing (Studi Putusan Nomor 3/Pdt.G/2019/Pn Pgp), Dhiyaa Dibrina Fa Atin, Togi Marolop Pangaribuan
Lex Patrimonium
Credit takeover in a leasing financing agreement can be carried out in accordance with the provisions of the financing agreement, namely with the knowledge of the leasing party or finance company and must be carried out based on the legal provisions of novation. However, in practice, credit takeovers are often carried out without the knowledge and approval of the finance company or also known as underhand credit takeovers. This paper will discuss the case of Decision No. 3/Pdt.G/2019/PN. PgP regarding an unofficial credit takeover that resulted in the detention of the car's BPKB, even though repayment has been made by …
Akibat Hukum Harta Bersama Yang Masih Menjadi Objek Jaminan Dalam Perjanjian Kredit Terhadap Pembagian Harta Bersama Setelah Perceraian, Sonia Regita Irawan, Lauditta Humaira, Surini Ahlan Sjarif
Akibat Hukum Harta Bersama Yang Masih Menjadi Objek Jaminan Dalam Perjanjian Kredit Terhadap Pembagian Harta Bersama Setelah Perceraian, Sonia Regita Irawan, Lauditta Humaira, Surini Ahlan Sjarif
Lex Patrimonium
Perkawinan menimbulkan suatu akibat hukum terhadap hadirnya harta bersama, baik yang berupa aktiva maupun pasiva atau utang bersama. Tidak jarang apabila terdapat suatu objek berupa harta bersama yang dijadikan sebagai jaminan untuk suatu utang bersama berupa perjanjian kredit yang dilakukan dengan pihak bank. Suatu permasalahan akan timbul ketika perkawinan harus berakhir karena adanya perceraian. Perceraian pun akan menimbulkan suatu akibat hukum terhadap harta dan utang bersama. Setelah perceraian, harta dan utang bersama seharusnya dibagi dengan besaran yang sama untuk suami dan istri. Akan tetapi, dalam praktiknya bisa saja terdapat salah satu pihak yang hanya menginginkan harta bersama tanpa mengingat bahwa …
Analisis Implementasi Hukum Perjanjian Dalam Kontrak Bagi Hasil (Production Sharing Contract) Gross Split Pada Kegiatan Usaha Hulu Minyak Dan Gas Bumi Di Indonesia, Indira Ryandhita, Dr. Akhmad Budi Cahyono
Analisis Implementasi Hukum Perjanjian Dalam Kontrak Bagi Hasil (Production Sharing Contract) Gross Split Pada Kegiatan Usaha Hulu Minyak Dan Gas Bumi Di Indonesia, Indira Ryandhita, Dr. Akhmad Budi Cahyono
Lex Patrimonium
This writing compares two schemes of Production Sharing Contract for Oil and Gas in Indonesia, namely the Cost Recovery and the Gross Split Scheme. It also analyzes how the application of the principle of balance and aspects of contract law are fulfilled in the Gross Split Scheme. This writing is structured using a normative juridical research approach. The Gross Split Production Sharing Contract is an agreement in Upstream Oil and Gas Business activities based on the principle of sharing gross production without an operational cost recovery mechanism. This scheme is a governmental effort aimed at continuously optimizing the management of …
Keabsahan Dan Eksekusi Invoice Sebagai Jaminan Pembiayaan Pada Produk Digital Lending Pt Pegadaian, Josephine Felicia Putri Bramanto -, Abdul Salam
Keabsahan Dan Eksekusi Invoice Sebagai Jaminan Pembiayaan Pada Produk Digital Lending Pt Pegadaian, Josephine Felicia Putri Bramanto -, Abdul Salam
Lex Patrimonium
This thesis analyzes the validity and execution of invoices as collateral for financing digital lending products offered by PT Pegadaian in the event of default or fictitious invoices based on doctrinal research methods and supported by the results of interviews with PT Pegadaian. In 2020, PT Pegadaian launched a digital lending-based Productive Capital Loan product with invoice guarantees. Through this product, MSME players who want to get a business capital loan can apply for a loan secured by an online debt collection letter (invoice), which is then charged with a fiduciary guarantee. An invoice is basically a document that proves …
Akibat Hukum Perjanjian Lisensi Terhadap Pihak Ketiga Yang Berindikasi Pada Perbuatan Melawan Hukum Ditinjau Dari Segi Keperdataan (Analisis Putusan Nomor 4/Pdt.Sus-Hki/2019/Pn.Smg Jo. Putusan Nomor 882.K/Pdt.Sus-Hki/2019), Putti Zahra Dwi Athifah Wilyadi
Akibat Hukum Perjanjian Lisensi Terhadap Pihak Ketiga Yang Berindikasi Pada Perbuatan Melawan Hukum Ditinjau Dari Segi Keperdataan (Analisis Putusan Nomor 4/Pdt.Sus-Hki/2019/Pn.Smg Jo. Putusan Nomor 882.K/Pdt.Sus-Hki/2019), Putti Zahra Dwi Athifah Wilyadi
Lex Patrimonium
This legal research aims to analyze the validity of a license agreement that has legal implications for third parties, which can lead to unlawful acts. An agreement that should provide benefits to the parties bound by the agreement can cause losses in its implementation. Meanwhile, the loss is caused by a third party for unlawful acts. With the enactment of Law Number 28 of 2014 concerning Copyright ("UUHC 2014"), the parties bound in the license agreement can be better protected, coupled with the enactment of the implementing regulations of the regulation in Government Regulation of the Republic of Indonesia Number …
Pembatalan Perjanjian Akibat Pelanggaran Kewajiban Penggunaan Bahasa Indonesia Berdasarkan Undang-Undang Nomor 24 Tahun 2009: Studi Komparasi Putusan Pengadilan Tahun 2015 – 2021, Auliya Yasyfa Anwar
Pembatalan Perjanjian Akibat Pelanggaran Kewajiban Penggunaan Bahasa Indonesia Berdasarkan Undang-Undang Nomor 24 Tahun 2009: Studi Komparasi Putusan Pengadilan Tahun 2015 – 2021, Auliya Yasyfa Anwar
Lex Patrimonium
This paper analyzes the legal consequences of violating the obligation to use the Indonesian language in agreements involving Indonesian parties, based on Article 31 paragraph (1) of Law Number 24 of 2009 ("Law 24/2009") in the context of contract law. Both the Language Law and its implementing regulations do not specify the legal consequences of violating Article 31 paragraph (1) of this law. Therefore, the legal consequences depend on the judge's decision in court cases. This research is normative juridical and utilizes a qualitative approach. In the analysis, the legal consequences of the agreement are examined based on contract law, …
Analisis Penyelesaian Sengketa Konstruksi Akibat Wanprestasi Dalam Perjanjian Jasa Konstruksi Ditinjau Dari Hukum Perdata, Mayangsari Nurul Imani, Prof. Dr. Rosa Agustina, S.H.,M.H
Analisis Penyelesaian Sengketa Konstruksi Akibat Wanprestasi Dalam Perjanjian Jasa Konstruksi Ditinjau Dari Hukum Perdata, Mayangsari Nurul Imani, Prof. Dr. Rosa Agustina, S.H.,M.H
Lex Patrimonium
This research analyzes how dispute resolution efforts can be made in the event of a construction dispute due to default committed by a party in a construction service agreement. This research is prepared using a doctrinal research method. The author describes and analyses three problems in this research, namely the factors that cause construction disputes based on the provisions in the construction service agreement, efforts to resolve construction disputes due to default by the parties in the construction service agreement, and the court's opinion in resolving construction disputes in Case No. 692/Pdt.G/2019/PN.Jkt.Utr. The results show that construction disputes usually occur …
Analisis Efektivitas Jaminan Perorangan Sebagai Pemenuhan Hak Kreditur Dalam Penyelesaian Kredit Yang Wanprestasi Pada Bank X, Maria Audy Vania Putri, Akhmad Budi Cahyono
Analisis Efektivitas Jaminan Perorangan Sebagai Pemenuhan Hak Kreditur Dalam Penyelesaian Kredit Yang Wanprestasi Pada Bank X, Maria Audy Vania Putri, Akhmad Budi Cahyono
Lex Patrimonium
This paper analyzes how the effectiveness of personal guarantees in supporting the fulfillment of creditor rights in resolving defaulted loans at banks. This paper is prepared using a non-doctrinal research method. Understanding the role of personal guarantees in the context of defaulted credit settlement is essential to optimize the process and final results of credit settlement. The results show that personal guarantees play an important role in the fulfillment of creditor rights in defaulted credit settlements. The analysis of the effectiveness of personal guarantees includes an evaluation of the collateral registration process, collateral value assessment procedures, and credit settlement mechanisms. …
Winning Inside Out: How The Creation Of Protective Mental Health Clauses Could Elevate Professional Athlete Performance, Hannah Posencheg
Winning Inside Out: How The Creation Of Protective Mental Health Clauses Could Elevate Professional Athlete Performance, Hannah Posencheg
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Journal of Private International Law Studies
This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …
Contractual Remedies In Mergers: Lessons From Crispo V. Musk, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min
Contractual Remedies In Mergers: Lessons From Crispo V. Musk, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min
Law & Economics Working Papers
The Delaware Chancery Court recently restricted a merger target's ability to recover damages on behalf of its shareholders from a breaching buyer. This paper investigates the impact of the decision. First, we present a theoretical analysis to generate empirical predictions. Second, we show that the decision led to a decrease in the firm value of targets in mergers governed by Delaware law. Third, we hand-collect relevant provisions from merger agreements and find that the agreements governed by Delaware law increasingly include target-friendly non-price terms after the decision. We also present evidence suggesting deal price responds to the inclusion of novel …
Enforcing Intentional Motherhood: The Harrowing Consequences Arising From The Inconsistency Of Statutes Regarding Surrogacy, And How The Enforcement Of Surrogacy Contracts Is The Answer, Meena Hatab
Global Business Law Review
This Note discusses how the practice of commercial surrogacy is treated across the United States. Most notably, how the courts treat surrogacy contracts from state to state. A summary of how Canada views the practice of surrogacy will provide a general view into how the view of the practice is different across borders. It will be discovered that, while there is a federal law governing surrogacy in Canada, there is no federal law in either country that enforce surrogacy contracts or treat surrogacy contracts as valid contract between two adult parties. This is due to the preconceived notions of what …
Contract Law, Equality And The State, Orit Gan
Contract Law, Equality And The State, Orit Gan
Cleveland State Law Review
There is a rich and diverse literature on contract law and equality, discussing whether contract law should advance social equality and if so how should contract law achieve that. However, this literature has yet to address the State’s role in combating social inequality through contract law. Filling this void this Article discusses three strategies the State can and should adopt in promoting social equality, by enforcing contracts, applying contract law doctrines, and regulating and legislating laws as background rules. After mapping these three state powers the Article further explores three test cases: enforcing nonmarital agreements, applying contract defenses in consumer …
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger
Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger
Pepperdine Dispute Resolution Law Journal
Can blockchain technology and smart contracts be used in the context of alternative dispute resolution, particularly arbitration, turning traditional procedures on their head? This article discusses various possible applications of blockchain technology and smart contracts in ADR. In particular, it addresses the possibility of fully automated execution of arbitral awards using a smart contract through so-called escrow mechanisms. Subsequently, it presents two promising approaches of so-called Decentralized Dispute Resolution (DDR), including Expert-Pooling and Crowdarbitration. DDR generally involves decisions made jointly by multiple or even all participants in a network (usually a blockchain network), rather than by just one or two …
A Short History Of The Interpretation-Construction Distinction, Gregory Klass
A Short History Of The Interpretation-Construction Distinction, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This document collects for ease of access and citation three of my posts on the New Private Law Blog, which chart the conceptual history of the interpretation-construction distinction. The posts begin with Francis Lieber’s 1939 introduction of the concepts, then describes Samual Williston’s 1920 account of the distinction in the first edition of Williston on Contracts, and concludes with Arthur Linton Corbin’s 1951 reconceptualization in the first edition of Corbin on Contracts. The posts identify two different conceptions of the distinction. Under the first (Lieber and Williston), construction supplements interpretation. Under the second (Corbin), the two activities complement one …