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Articles 31 - 60 of 2494
Full-Text Articles in Law
Exit Engineering, Rachel Landy
Exit Engineering, Rachel Landy
Articles
How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers.This Article offers a novel …
Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger
Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Expert Insights On Best Practices For Community Benefits Agreements, Matthew Eisenson, Romany M. Webb
Expert Insights On Best Practices For Community Benefits Agreements, Matthew Eisenson, Romany M. Webb
Sabin Center for Climate Change Law
This report outlines 35 recommendations for developers and host communities when negotiating and drafting Community Benefits Agreements (CBAs) for direct air capture hubs and other clean energy projects. These recommendations come from interviews with attorneys and other experts who have collectively negotiated dozens of CBAs for climate infrastructure and other types of projects.
A Non-Contractual Approach To Smart Contracts, Florian Gamper
A Non-Contractual Approach To Smart Contracts, Florian Gamper
Research Collection Yong Pung How School Of Law
This article adds to the debate on what, legally speaking, smart contracts are and what they should be. Currently, much of this debate focuses on the relationship between smart contracts and legal contracts, overlooking that other legal categories may also be appropriate. This article suggests that the concept of abandonment can be fruitfully applied to smart contracts. Using the concept of abandonment has the advantage of allowing smart contracts, as close as legally possible, to be utilized as machines (or using the terminology suggested by Vitalik Buterin, founder of Etherium, as a ‘persistent script’). It would also make other issues, …
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Law & Economics Working Papers
The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …
James C. Robinson, Et. Al., Fisherbroyles, Llp, Et. Al., Order Denying Motions To Exclude Market Value Opinions, Eric A. Richardson
James C. Robinson, Et. Al., Fisherbroyles, Llp, Et. Al., Order Denying Motions To Exclude Market Value Opinions, Eric A. Richardson
Georgia Business Court Opinions
No abstract provided.
James C. Robinson, Et. Al. V. Fisherbroyles, Llp, Et. Al., Order On Plaintiff's Motion For Sanctions, Eric A. Richardson
James C. Robinson, Et. Al. V. Fisherbroyles, Llp, Et. Al., Order On Plaintiff's Motion For Sanctions, Eric A. Richardson
Georgia Business Court Opinions
No abstract provided.
Developments In Contract Law: The 2021-2022 Term — The Enduring Allure Of Freedom Of Contract, Marcus Moore
Developments In Contract Law: The 2021-2022 Term — The Enduring Allure Of Freedom Of Contract, Marcus Moore
All Faculty Publications
A review of recent developments in Contract Law reveals that Freedom of Contract continues to thrive in the jurisprudence a half-century after its supposed fall. As the analysis here shows, it is a theme which animates not only general thinking about contracts, but also court resolution of specific cases and issues. High-level considerations drive the reasoning, colouring the application of more detailed rules where these exist. And among these high-level considerations, Freedom of Contract enjoys privileged status as the default law, against which opposing considerations in practice must justify themselves as exceptions. Other considerations vary in their power to constrain …
Stopping Runs In The Digital Era, Luís C. Calderón Gómez
Stopping Runs In The Digital Era, Luís C. Calderón Gómez
Articles
Bank runs, and the financial crises they catalyze and amplify, are incredibly costly-to individuals, families, society, and the economy writ large. Banking regulation has, for the most part, protected us from traditional bank runs for the last ninety years. However, as we saw in the devastating 2008 financial crisis, bank runs can still occur in lightly regulated or opaque segments of the financial sector.
The recent crypto market downturn dramatically forewarned regulators of the potential and significant risks that novel assets could pose to our financial system's stability. In particular, a novel, systemically important asset (stablecoins) revealed its vulnerability to …
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes
Faculty Scholarship
Online commerce has skyrocketed in recent years, and shoppers are purchasing goods or services online in greater numbers every year. The COVID-19 pandemic has only hastened the trend. One significant aspect of online shopping is the presence of consumer reviews posted by prior purchasers of goods or services, describing their experience with the products, the services and/or the selling merchant. A vast majority of online shoppers say that they rely on these reviews to help inform their purchasing decisions. Positive reviews can be tremendously beneficial to a business’ profitability, whereas negative reviews can be equally detrimental. Users of the internet …
What Might Contract Theory Be, Gregory Klass
What Might Contract Theory Be, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Few contract theories begin with so comprehensive a discussion of method as does Stephen Smith’s book, Contract Theory. In the first chapter, “What Is Contract Theory,” Smith describes an interpretive approach guided by four goals: fit with the existing law, internal coherence, moral attractiveness, and transparency to legal actors.
This chapter, to appear in the forthcoming Understanding Private Law: Essays in Honour of Stephen A. Smith, does a deep dive into Smith’s description and defense of those goals. Smith pictures the contract theorist as an observer standing outside legal practice, interpreting the law but not participating in it. …
Elba Liquefaction Co., Et. Al. V. Ihi E&C Int'l Corp., Fourth Amended Case Mgmt Order, Kelly Lee Ellerbe
Elba Liquefaction Co., Et. Al. V. Ihi E&C Int'l Corp., Fourth Amended Case Mgmt Order, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
Fuqua Bcde Peachtree Corners Project Owner V. Ordner Construction Co., Et. Al., Order On Defendants' Motion To Dismiss, Wesley B. Tailor
Fuqua Bcde Peachtree Corners Project Owner V. Ordner Construction Co., Et. Al., Order On Defendants' Motion To Dismiss, Wesley B. Tailor
Georgia Business Court Opinions
No abstract provided.
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motions For Summary Judgment, Kelly Lee Ellerbe
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motions For Summary Judgment, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Defendants' Motion To Exclude Testimony, Kelly L. Ellerbe
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Defendants' Motion To Exclude Testimony, Kelly L. Ellerbe
Georgia Business Court Opinions
No abstract provided.
Company.Com, Llc V. Priority Payment Systems, Llc, Order On Motion For Interlocutory Injunction And Motion To Dismiss, John J. Goger
Company.Com, Llc V. Priority Payment Systems, Llc, Order On Motion For Interlocutory Injunction And Motion To Dismiss, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Standards And The Law, Cary Coglianese
Standards And The Law, Cary Coglianese
All Faculty Scholarship
The world of standards and the world of laws are often seen as separate, but they are more closely intertwined than many professionals working with laws or standards realize. Although standards are typically considered to be voluntary and non-binding, they can intersect with and affect the law in numerous ways. They can serve as benchmarks for determine liability in tort or contract. They can facilitate domestic and international transactions. They can prompt negotiations over the licensing of patents. They can govern the development of forensic evidence admissible in criminal courts. And standards can even become binding law themselves when they …
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly Lee Ellerbe
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
Brief Of Amicus Curiae Gregory Klass In Support Of Plaintiff-Appellee, Gregory Klass
Brief Of Amicus Curiae Gregory Klass In Support Of Plaintiff-Appellee, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This scholar’s amicus brief in the Fifth Circuit argues that tort remedies play an important role in the contract ecosystem, including promoting efficiency in exchanges; that a party who has been defrauded in the formation of a contract is not bound by contractual limitations on tort liability; and that worries about the tortification of contract law are overblown and out of date.
Alder Opportunity Lp, Et. Al. V. Cgc Capital Partners, Llc, Et. Al., Order On Pending Motions, Wesley B. Tailor
Alder Opportunity Lp, Et. Al. V. Cgc Capital Partners, Llc, Et. Al., Order On Pending Motions, Wesley B. Tailor
Georgia Business Court Opinions
No abstract provided.
North Atlanta Vascular Clinic V. Dr. Thomas Matthews, M.D., Order On Cross-Motions For Summary Judgment, Eric A. Richardson
North Atlanta Vascular Clinic V. Dr. Thomas Matthews, M.D., Order On Cross-Motions For Summary Judgment, Eric A. Richardson
Georgia Business Court Opinions
No abstract provided.
Adapting Private Law For Climate Change Adaptation, Jim Rossi, J. B. Ruhl
Adapting Private Law For Climate Change Adaptation, Jim Rossi, J. B. Ruhl
Vanderbilt Law School Faculty Publications
The private law of torts, property, and contracts will and should play an important role in resolving disputes regarding how private individuals and entities respond to and manage the harms of climate change that cannot be avoided through mitigation (known in climate change policy dialogue as “adaptation”). While adaptation is commonly presented as a problem needing legislative solutions, this Article presents a novel and overdue case for private law to take climate adaptation seriously.
To date, the role of private law is a significant blind spot in scholarly discussions of climate adaptation. Litigation invoking common-law doctrines in climate adaption disputes …
Galaxy Next Gen. V. Elhert, Order On Counterclaim Plaintiff's Motion To Compel, Kelly Lee Ellerbe
Galaxy Next Gen. V. Elhert, Order On Counterclaim Plaintiff's Motion To Compel, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
Ahs International, Llc V. Assembly Atlanta, Et. Al., Order On Defendant's Motion For Leave To Amend For Attorney's Fees, Kelly Lee Ellerbe
Ahs International, Llc V. Assembly Atlanta, Et. Al., Order On Defendant's Motion For Leave To Amend For Attorney's Fees, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
Tidewater Fleet Supply, Llc V. Jason L. Mccard, Et. Al., Order On Defendant's Motion To Dismiss, Kelly Lee Ellerbe
Tidewater Fleet Supply, Llc V. Jason L. Mccard, Et. Al., Order On Defendant's Motion To Dismiss, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
Greensky, Llc V. Wellness Program Services, Llc Dba Trusii, Et. Al., Order And Judgment, John J. Goger
Greensky, Llc V. Wellness Program Services, Llc Dba Trusii, Et. Al., Order And Judgment, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Misrepresentation And Contract, Gregory Klass
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 …
Galaxy Next Gen. V. Elhert, Order On Counterclaim Defendants' Motion To Dismiss, Kelly Lee Ellerbe
Galaxy Next Gen. V. Elhert, Order On Counterclaim Defendants' Motion To Dismiss, Kelly Lee Ellerbe
Georgia Business Court Opinions
No abstract provided.
The Scope Of Generic Choice Of Law Clauses, Tanya J. Monestier
The Scope Of Generic Choice Of Law Clauses, Tanya J. Monestier
Journal Articles
Non-proceduralists have the perception that questions of jurisdiction or choice of law are just preliminary issues that need to be dealt with before getting to the real dispute, the things that matter. What they do not realize is that these preliminary issues are often, themselves, the real dispute. They are the lever which permits litigation to proceed or which stops a claim dead in its tracks. Thus, these procedural matters — often dismissed as technicalities — have the potential to shape the dispute in significant ways.
Take for instance, a staple of commercial and consumer contracting: the ubiquitous choice of …