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Full-Text Articles in Law

Deconstructing Employment Contract Law, Rachel Arnow-Richman, J.H. Verkerke Jan 2023

Deconstructing Employment Contract Law, Rachel Arnow-Richman, J.H. Verkerke

UF Law Faculty Publications

Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars, skeptical of employees’ ability to bargain, tend to disregard contract law and advocate for just-cause and other legislative reform. And contracts scholars largely ignore employment cases—viewing them, with some justification, as part of a peculiar, specialized body of law wholly divorced from general contract jurisprudence. As a result of this undesirable employment law exceptionalism, courts lack the tools they need to resolve recurring, real-world disputes.

This article offers a new, comprehensive historical account that exposes the formalistic and ...


International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel Dec 2022

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection Yong Pung How School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...


The “Rarely Discussed And More Rarely Applied” Antitrust Implications Of Contractual Releases Of Antitrust Liability, With A Modest Proposal, Jared S. Sunshine Nov 2022

The “Rarely Discussed And More Rarely Applied” Antitrust Implications Of Contractual Releases Of Antitrust Liability, With A Modest Proposal, Jared S. Sunshine

Ohio Northern University Law Review

No abstract provided.


Third-Party Beneficiaries Of Government Contracts: Imagining An Equitable Approach And Applying It To Broken Promises In Detroit, Gabe Chess Nov 2022

Third-Party Beneficiaries Of Government Contracts: Imagining An Equitable Approach And Applying It To Broken Promises In Detroit, Gabe Chess

Michigan Law Review

Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for “manifest justice” that animates third-party beneficiary doctrine. Governments make contracts frequently, often to address issues of huge importance to their citizens, including housing, economic development, and healthcare. In each of these areas, third-party beneficiary doctrine may be an important avenue of relief to citizens harmed by broken promises and may encourage the government and its contracting partners ...


Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai Oct 2022

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other ...


The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts, Marcus Moore Dr. Oct 2022

The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts, Marcus Moore Dr.

Dalhousie Law Journal

Unconscionability has long been a troublesome area in Canadian jurisprudence. This is of significant concern given unconscionability’s pre-eminence as a protection of contractual fairness. This article elaborates a much-needed reorganization and rationalization of unconscionability in Canada. Under current law, a single doctrine hopelessly targets two divergent purposes. I set out here a proposed redevelopment rather of separate common law doctrines, each fit-for-purpose: (1) An English-style unconscionable bargains doctrine for avoiding bargains that exploited disability, and (2) an American-style unconscionable clauses doctrine to control unfair terms in standard form contracts. Extensive Canadian precedent supports this solution, assuring its feasibility and ...


The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts, Marcus Moore Oct 2022

The Flaws Of Magic Bullet Theory: Retraining Unconscionability To Discretely Target Different Contexts Of Unfairness In Contracts, Marcus Moore

All Faculty Publications

Unconscionability has long been a troublesome area in Canadian jurisprudence. This is of significant concern given unconscionability’s pre-eminence as a protection of contractual fairness. This article elaborates a much-needed reorganization and rationalization of unconscionability in Canada. Under current law, a single doctrine hopelessly targets two divergent purposes. I set out here a proposed redevelopment rather of separate common law doctrines, each fit-for-purpose: (1) An English-style unconscionable bargains doctrine for avoiding bargains that exploited disability, and (2) an American-style unconscionable clauses doctrine to control unfair terms in standard form contracts. Extensive Canadian precedent supports this solution, assuring its feasibility and ...


Systemic Risk Of Contract, Tal Kastner Oct 2022

Systemic Risk Of Contract, Tal Kastner

BYU Law Review

Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this ...


"Pemanfaatan Barang Milik Daerah Kabupaten Penajam Paser Utara (Studi Kasus Penyerahan Pengelolaan Sisi Darat Pelabuhan Buluminung)", Melindya Santoso Putri Oct 2022

"Pemanfaatan Barang Milik Daerah Kabupaten Penajam Paser Utara (Studi Kasus Penyerahan Pengelolaan Sisi Darat Pelabuhan Buluminung)", Melindya Santoso Putri

Lex Patrimonium

The Regent as the Regional Head in the North Penajam Paser Regency should carry out Regional Property Management (BMD). With the existence of five forms of utilization in the form of rental, borrowing, utilization cooperation, building to handover or building handover, and cooperation in providing infrastructure based on PP 27/2014, PP 28/2020, Permendagri 19/2016, Pemda Penajam Paser North 11/2018. A port is a place consisting of land and or waters with certain boundaries as a place for government and company activities. There is a legal problem, namely in the transition of the Management of the Land ...


Analisis Terhadap Kesepakatan Lisan Untuk Menjalankan Waralaba Sesuai Dengan Perjanjian Waralaba Yang Telah Berakhir (Studi Kasus Putusan Nomor 52/Pdt.G/2019 Jo. Putusan Nomor 396/Pdt/2021/Pt Dki, Fahira Zahara Ghassani Oct 2022

Analisis Terhadap Kesepakatan Lisan Untuk Menjalankan Waralaba Sesuai Dengan Perjanjian Waralaba Yang Telah Berakhir (Studi Kasus Putusan Nomor 52/Pdt.G/2019 Jo. Putusan Nomor 396/Pdt/2021/Pt Dki, Fahira Zahara Ghassani

Lex Patrimonium

Franchising is a business system that makes it easy for entrepreneurs to expand their marketing. Therefore, before running a franchise business, the parties must make a franchise agreement that aims to protect the interests of the parties properly. A franchise agreement made in written form can be the basis or evidence if one of the parties defaults. However, there are still franchise businesses that make agreements in the form of unwritten or verbal actors, even though PP 42/2007 and Permendag 71/2019 require written agreements. This is what becomes between the franchisor and the franchisees involved in the franchise ...


Tinjauan Yuridis Pengesahan Anak Luar Kawin Yang Dicatatkan Setelah Ayah Dari Anak Meninggal Dunia (Studi Kasus: Penetapan Pengadilan Negeri Jakarta Pusat Nomor: 36/Pdt.P/2020/Pn.Jkt.Pst.), Devina Delfian Oct 2022

Tinjauan Yuridis Pengesahan Anak Luar Kawin Yang Dicatatkan Setelah Ayah Dari Anak Meninggal Dunia (Studi Kasus: Penetapan Pengadilan Negeri Jakarta Pusat Nomor: 36/Pdt.P/2020/Pn.Jkt.Pst.), Devina Delfian

Lex Patrimonium

The birth of a child from an unregistered polygamous marriage according to the prevailing laws is a juridical phenomenon that cannot be denied. As the part of legal events, unregistered polygamous marriages can bring further legal consequences to children born out of wedlock, which in law children born out of wedlock have a lower position than children born from legal marriages. Because of these differences, the law provides a solution for children born out of wedlock to have the same legal status as children born from legal marriages, namely through child legalization. This research will be continued by focusing on ...


Perlawanan Pihak Ketiga Sebagai Pemilik Benda Terhadap Benda Yang Dijadikan Jaminan Fidusia Tanpa Persetujuan Pemilik Benda (Studi Kasus: Putusan Mahkamah Agung 1012 K/Pdt/2021), Aditya Nabilah Lubis Oct 2022

Perlawanan Pihak Ketiga Sebagai Pemilik Benda Terhadap Benda Yang Dijadikan Jaminan Fidusia Tanpa Persetujuan Pemilik Benda (Studi Kasus: Putusan Mahkamah Agung 1012 K/Pdt/2021), Aditya Nabilah Lubis

Lex Patrimonium

Property rights that have been specifically and comprehensively regulated in the Civil Code in Indonesia give the impression that the principle of property rights has been perfectly regulated, but in practice there are still gaps in the owner's rights to objects that are guaranteed not being protected properly. This thesis will discuss the problems caused by objects that are used as fiduciary guarantees in a credit agreement without the knowledge of the owner of the object (by committing fraud) as well as legal protection that can be given to the owner of the object and creditors who receive fiduciary ...


Efektivitas Alat Bukti Dalam Pembuktian Suatu Perjanjian Lisan, Aaron Pietter Oct 2022

Efektivitas Alat Bukti Dalam Pembuktian Suatu Perjanjian Lisan, Aaron Pietter

Lex Patrimonium

Verbal agreement is something that cannot be separated in our daily life. It is confirmed that in every moment we always make a verbal agreement consciously or unconsciously. Within the scope of the court, verbal agreement is also used by the parties to prove their arguments so they can earn their rights and fullfill the other party obligations. Compared to the other type of evidence, verbal agreement have its own power and effectiveness level when being used as a legitive evidence before the court. To observe about the application and effectiveness of a verbal agreement as a legitive evidence before ...


Perlindungan Hukum Kreditur Terhadap Peralihan Jaminan Hak Tanggungan Dalam Jual Beli Piutang Melalui Cessie (Studi Kasus: Putusan Pengadilan Negeri Nomor 79/Pdt.G/2019 Pn Tab Dan Putusan Peninjauan Kembali Nomor 754 Pk/Pdt/2011), Vanessa Maurizkha Oct 2022

Perlindungan Hukum Kreditur Terhadap Peralihan Jaminan Hak Tanggungan Dalam Jual Beli Piutang Melalui Cessie (Studi Kasus: Putusan Pengadilan Negeri Nomor 79/Pdt.G/2019 Pn Tab Dan Putusan Peninjauan Kembali Nomor 754 Pk/Pdt/2011), Vanessa Maurizkha

Lex Patrimonium

Banks act as creditors for selling receivables through a cessie to credit. Problems that arise after the transfer of receivables are identical to the relevance of the validity of the cessie to the mortgage guarantee transfer stipulated in the main agreement. There are differences in the legal concequences in each conditions. The problems discussed in this research are the mechanism through a cessie in conventional banks according to Indonesian law, the development of the regulation on registration of transfer of mortgage, and the legal consequences of the act (cessie) on objects of mortgage guarantee based on the District Court Decision ...


Perbandingan Hukum Pemutusan Surat Kuasa Secara Sepihak Antara Indonesia Dan Belanda Sebagai Bentuk Wanprestasi (Studi Putusan Nomor 704/Pdt.G2017/Pn.Mdn), Karsten Maruli Rogate Hutauruk Oct 2022

Perbandingan Hukum Pemutusan Surat Kuasa Secara Sepihak Antara Indonesia Dan Belanda Sebagai Bentuk Wanprestasi (Studi Putusan Nomor 704/Pdt.G2017/Pn.Mdn), Karsten Maruli Rogate Hutauruk

Lex Patrimonium

The power of attorney agreement is commonly found in dealing with a legal problem that carried out by the community, both in Indonesia and the Netherlands. In Indonesia the Power of Attorney Agreement, is regulated in Articles 1823 and 1814 of the Book of Civil Law which states that the Principal could revoke power of attorney at any time, but turns out that in practice there is Power of Attorney that can not be revoked called Irrevocable Power of Attorney. Regulated in the Instruction of the Internal Affairs Minister No. 14/1982 and Government Regulation No. 24 of 1997 that ...


Perlindungan Hukum Bagi Kreditur Dalam Eksekusi Perjanjian Kredit Dengan Jaminan Hak Tanggungan, Muhammad Affandi Oct 2022

Perlindungan Hukum Bagi Kreditur Dalam Eksekusi Perjanjian Kredit Dengan Jaminan Hak Tanggungan, Muhammad Affandi

Lex Patrimonium

One of the guarantees in the credit agreement is a mortgage guarantee, where in the mortgage guarantee agreement, the assets guaranteed by the debtor to be used as collateral are land rights which can be in the form of buildings, plants, and works that already exist or will exist which are one unit with the land, and which belongs to the holder of the land rights whose burden is expressly stated in the Deed of Granting Mortgage concerned. From this study, the author aims to examine how legal protection for creditors in the execution of credit agreements with collateral rights ...


Analisis Pencantuman Klausul Kompensasi Dalam Perjanjian Perkawinan Sebagai Implementasi Asas Kebebasan Berkontrak, Dinda Ramadhani Oct 2022

Analisis Pencantuman Klausul Kompensasi Dalam Perjanjian Perkawinan Sebagai Implementasi Asas Kebebasan Berkontrak, Dinda Ramadhani

Lex Patrimonium

Marriage agreement is commonly recognized by the society nowadays. Article 29 Subsection (2) of Indonesian Marriage Act only regulate a limitation that the content of marriage agreement can not violate the law, religion, and ethics. There are different kind of opinions regarding whether marriage agreement can only regulate regarding matrimonial assets in accordance with Indonesian civil code or it can regulate in every aspect as long as it does not cross the limitation set by Article 29 Subsection (2). This research analyses about the inclusion of compensation clause in marriage agreement as an implementation of freedom of contract principle. Method ...


Pewarisan Akun Digital, Nicolas Mario Gunawan Oct 2022

Pewarisan Akun Digital, Nicolas Mario Gunawan

Lex Patrimonium

The rise of digital growth in this era of globalization has shown the need for adjustments in existing law in society, in relation to problems that may arise from said digital growth. One growth that can be said to have happened rampantly can be seen in the law of property, which has to face a lot of new additions that came due to digital growth, for example in bitcoins, MP3 Files, among many other things. Within said property, there is an item that are of interests due to the uniqueness of it, which is an account. Such uniqueness comes from ...


Analisis Perbandingan Hukum Mengenai Tunjangan Pasca Perceraian Di Indonesia, Richard Daniel Oct 2022

Analisis Perbandingan Hukum Mengenai Tunjangan Pasca Perceraian Di Indonesia, Richard Daniel

Lex Patrimonium

Divorce, one of the many causes of the end of a marital relationship, brings an impact towards the parties bound in the marital relationship, specifically in the economic conditions.Of the many divorce cases present, the wife in the relationship more often experiences economic hardships, due to the fact that their livelihood during the marriage was provided by the husband. Hence, to prevent condition whereas one of the former spouses being burdened because of divorce, it is necesarry to have defined law regarding spousal maintance after divorce. This thesis discusses the law of spousal maintance in Indonesia and compares it ...


Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle Oct 2022

Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle

SLU Law Journal Online

Just prior to the 2022 College Football Season, Louisiana State University Quarterback Myles Brennan decided to abruptly retire from football. Despite the unexpected finish to his career, Brennan is still going to likely retain all of the money he received in endorsements that were paid through the newly approved “NIL” deals available to collegiate athletes, as a result of a stipulation that these deals cannot be “performance-based”. In this article, Brian Ahle evaluates the potential ways in which endorsers may be able to protect their investments, while still complying with the NIL Policies that provide protections towards the athletes.


Public Client Contingency Fee Contracts As Obligation, Seth Mayer Oct 2022

Public Client Contingency Fee Contracts As Obligation, Seth Mayer

Michigan Law Review

Contingency fee contracts predicate an attorney’s compensation on the outcome of a case. Such contracts are widely accepted when used in civil litigation by private plaintiffs who might not otherwise be able to afford legal representation. However, such arrangements are controversial when government plaintiffs like attorneys general and local governments retain private lawyers to litigate on behalf of the public in return for a percentage of any recovery from the lawsuit. Some commentators praise such public client contingency fee contracts, which have become commonplace, as an efficient way to achieve justice. Critics, however, view them as corrupt, undemocratic, and ...


Misrepresentation And Contract, Gregory Klass Sep 2022

Misrepresentation And Contract, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Contract theorists naturally focus on the duty to perform. This chapter argues they should also pay attention to duties of candor in the contracting context. The most obvious example of such duties can be found in the misrepresentation defenses, which aim to ensure that contractual undertakings are sufficiently voluntary and to allocate the costs of defective consent. But other laws of deception, such as the torts of negligent misrepresentation and deceit, are also integral to the law of contracts. Separate liability in tort for both pre- and post-formation misrepresentations helps parties who mistrust one another determine whether an exchange is ...


Elk Point Country Club Hoa V. K. H. Brown, Llc, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), Alexander Provan Sep 2022

Elk Point Country Club Hoa V. K. H. Brown, Llc, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), Alexander Provan

Nevada Supreme Court Summaries

When a planned communities’ governing documents restrict real property use to residential use only, NRS 116.340(1)(a) permits a real property owner to use real property for transient commercial use so long as the governing documents of the community do not prohibit such use. Transient commercial use is the use of property, for remuneration, as transient lodging, if the term of occupancy is thirty days or less—i.e., short-term rentals. It is a reversable error to interpret bylaws and governing documents as prohibiting rentals when they use the terms “tenants” and


Waivers, Keith N. Hylton Sep 2022

Waivers, Keith N. Hylton

Faculty Scholarship

Waiver contracts are agreements in which one party promises not to sue the other for injuries that occur during their contractual relationship. Waivers are controversial in the consumer context, especially when presented in standard form, take-it-or-leave-it contracts. The law on waivers appears muddled, with no consistent doctrine or policy among the courts on enforceability. The aim of this paper is to offer a consistent set of policies that can form the foundation of a consistent set of doctrines, leading ultimately to a more apparently consistent treatment of waivers in the courts. The most basic piece of this paper’s framework ...


Collation Model For Oversize Ms. Codex 987: Recognoyssenssas Et Fieux Novels..., Dot Porter Sep 2022

Collation Model For Oversize Ms. Codex 987: Recognoyssenssas Et Fieux Novels..., Dot Porter

Collation Models

A collection of notarial documents from the southern edge of the departement of Tarn-et-Garonne, France. The original set all mention Joham de Vernoils (Zacour-Hirsch propose the alternate spelling Jean de Verneuil), and are all written in the same hand with the same notarial signet and date between 1467 and 1472. These were often separated by blank pages into which later documents (through 1567) were copied by other notaries, and these almost all mention the village or family of Pompignan (near the village of Grisolles, also mentioned in the title), which relates them to the original set. A table of names ...


Novation And Advance Consent, Kwan Ho Lau Sep 2022

Novation And Advance Consent, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

Professor Goode once observed that “Novation need not be left to ad hoc agreement; it is open to the parties to provide for it in advance and in particular to establish a contractual mechanism by which novation takes place automatically on the occurrence of a designated act or event”. This deceptively straightforward proposition is examined in the present article. It explores the legal footing for, and the risks in adopting a pristine version of, the proposition, and considers possible safeguards that may be incorporated within the process of scrutiny, if in any case there arises concern over the effectiveness of ...


Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Judith Fitzgerald, Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy B. Rapoport, Richard Squire, Ray Warner, Jack Williams Aug 2022

Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Judith Fitzgerald, Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy B. Rapoport, Richard Squire, Ray Warner, Jack Williams

Briefs

Professor Pamela Foohey filed an amicus brief with a group of law professors and a former bankruptcy judge in MOAC Mall Holdings LLC v. Transform Holdco LLC.


Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino Aug 2022

Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas Aug 2022

Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Developments In Contract Law: The 2020-2021 Term – Appeals To Fairness, Marcus Moore Aug 2022

Developments In Contract Law: The 2020-2021 Term – Appeals To Fairness, Marcus Moore

All Faculty Publications

This article analyzes important developments in Contract Law stemming from consideration by the Supreme Court of Canada in 2020-2021. Due to the large number of Contracts cases during this period, the article focuses on prominent appeals occupied with issues of fairness in Canadian Contract Law. Fairness in contracts emerges as an important concern of the SCC at this juncture. This appropriately reflects the constellation of some long-unsolved problems (e.g., control of unfair terms in standard form contracts), confusion around key concepts associated with protection of contractual fairness (e.g., unconscionability and good faith), and judicial disagreement over the merits ...