Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1023)
- Selected Works (654)
- Universitas Indonesia (534)
- SelectedWorks (479)
- Georgia State University College of Law (284)
-
- Seattle University School of Law (215)
- Maurer School of Law: Indiana University (209)
- Columbia Law School (201)
- University of Colorado Law School (194)
- University of Kentucky (163)
- West Virginia University (159)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (158)
- William & Mary Law School (145)
- Vanderbilt University Law School (141)
- Singapore Management University (137)
- University of Washington School of Law (116)
- Cornell University Law School (103)
- University of Georgia School of Law (103)
- Villanova University Charles Widger School of Law (101)
- University at Buffalo School of Law (93)
- UIC School of Law (90)
- Washington and Lee University School of Law (86)
- University of Pennsylvania Carey Law School (85)
- Eastern Illinois University (81)
- Touro University Jacob D. Fuchsberg Law Center (80)
- Brooklyn Law School (77)
- University of Richmond (77)
- University of Maryland Francis King Carey School of Law (76)
- BLR (72)
- Duke Law (71)
- Keyword
-
- Contracts (1211)
- Contract (318)
- Contract law (254)
- Arbitration (173)
- Corporations (140)
-
- Uniform Commercial Code (140)
- Commercial Law (125)
- Breach of contract (113)
- Contract Law (109)
- Liability (107)
- Collective bargaining (105)
- Damages (104)
- Law (104)
- Law and Economics (100)
- UCC (98)
- Remedies (93)
- Higher education (91)
- Insurance (90)
- Economics (87)
- Unions (87)
- Labor relation (80)
- Fraud (79)
- Torts (77)
- Property (74)
- Copyright (70)
- Corporate Law (69)
- Law and Society (69)
- Contract theory (67)
- Negligence (67)
- Investment (66)
- Publication Year
- Publication
-
- Michigan Law Review (825)
- Faculty Scholarship (512)
- Indonesian Notary (364)
- Georgia Business Court Opinions (270)
- Seattle University Law Review (201)
-
- Articles (161)
- West Virginia Law Review (158)
- Kentucky Law Journal (135)
- Indiana Law Journal (132)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (123)
- Martin Paolantonio (121)
- Faculty Publications (120)
- Research Collection Yong Pung How School Of Law (120)
- All Faculty Scholarship (110)
- Scholarly Works (104)
- Vanderbilt Law Review (97)
- Washington Law Review (88)
- Buffalo Law Review (86)
- Villanova Law Review (84)
- National Center Newsletters (80)
- Cornell Law Faculty Publications (78)
- Nevada Supreme Court Summaries (71)
- ExpressO (67)
- Georgetown Law Faculty Publications and Other Works (67)
- William & Mary Law Review (62)
- UIC Law Review (59)
- Washington and Lee Law Review (57)
- Maryland Law Review (56)
- University of Richmond Law Review (51)
- Touro Law Review (47)
Articles 1 - 30 of 7865
Full-Text Articles in Law
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.
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. …
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 …
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
No abstract provided.
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 …
Duality In Contract And Tort, Tim Friehe, Joshua C. Teitelbaum
Duality In Contract And Tort, Tim Friehe, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
We study situations in which a single investment serves the dual role of increasing the expected value of a contract (a reliance investment) and reducing the expected harm of a post-performance accident (a care investment). We show that failing to account for the duality of the investment leads to inefficient damages for breach of contract and inefficient standards for due care in tort. Conversely, we show that accounting for the duality yields contract damage measures and tort liability rules that provide correct incentives for efficient breach and reliance in contract and for efficient care in tort.
The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon
The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon
Faculty Scholarship
With some frequency, parties agree to the particular words used in a contract they sign, only to later disagree as to the meaning of those words and their legal effect. That is, they each assent to something, but that “something” is something different for each of them. In this Article, I first categorize and trace the sources of recurring points of disagreement as a matter of language and linguistics. Then, I look at the consequences of a dispute that leads a fact finder to conclude that the parties genuinely did not agree to the same thing, which is to say …
Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low
Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low
Singapore Law Journal (Lexicon)
The 2015 EWCA decision of Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle) [2015] EWCA Civ 745 casts doubt on the proposition that an inordinate lapse of time alone could operate as a bar to rescission. The court grounded the operation of delay in the doctrine of laches, but as this paper will find, laches is an unsatisfactory explanation for the effect of mere delay on one’s powers of rescission, requiring something more than lapse of time alone. Other competing theories like reference to the Limitation Act 1959 by analogy, and the Sale of Goods Act 1979, have been …
The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang
The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
In a previous essay, an attempt was made to demonstrate the important role that both theory and history play in helping us to understand and develop the common law of contract. As pointed out in that essay, a comprehensive treatment of the subject would require lengthy discourse in a book or even several books. This essay follows-up on that previous essay, again by way of preliminary reflections only, to correct the dominant perception that the development of the common law in general and contract law in particular is premised mainly on doctrinal development based on logic and analogy with the …
The Application Of The Totality Principle In Singapore, Zi Yang Wong
The Application Of The Totality Principle In Singapore, Zi Yang Wong
Singapore Law Journal (Lexicon)
When dealing with an offender who has been convicted of two or more distinct offences, the Court is faced with the issue of determining an appropriate aggregate sentence to be imposed. An aggregate sentence may offend the totality principle if it exceeds the length of the sentence imposed for the most serious offence, or if the sentence is “crushing” and not in keeping with the offender’s past record and future prospects. In deciding whether to vary a sentence on the grounds of the totality principle, the Courts have considered an offender’s overall criminality, advanced age, precedents and the possibility of …
Tied Together With Ticketmaster: Analyzing The Exclusive Contracts Of Ticketmaster Through The Lens Of Antitrust Scholars, Jenna Gillam
Tied Together With Ticketmaster: Analyzing The Exclusive Contracts Of Ticketmaster Through The Lens Of Antitrust Scholars, Jenna Gillam
Honors Projects
The Eras Tour Verified Fan Sale in 2022 revealed major flaws in the ticket-buying process, which many attributed to Ticketmaster's dominant industry position. The exclusive contracts of Ticketmaster have been their source of gaining a competitive advantage in the ticketing industry, but many have been critical of these contracts for restricting competition in this industry. This research analyzes the effect of the exclusive contracts of the merged Ticketmaster-Live Nation entity on competition in the ticketing industry through the lens of prominent antitrust scholars. Previous literature reveals differing ideas about whether exclusive contracts are an exclusionary practice and literature identifies the …
If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile
If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile
The University of Cincinnati Intellectual Property and Computer Law Journal
The Copyright Act of 1976 aimed to streamline the United States’ copyright system, replacing dual federal and state protections using an express statutory preemption clause, § 301. Despite the Act’s uniformity objective, challenges persist in the consistent application of copyright preemption, particularly concerning breach of contract claims. A circuit split has emerged, with one group arguing for copyright preemption of contracts involving copyrightable material, while another asserts that most contracts that involve copyrightable material are not preempted and can be enforced. This split was underscored and expanded by the 2022 case ML Genius Holdings LLC v. Google LLC, where the …