Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Breach of contract (4)
- Acceptance (1)
- BDSM (1)
- Burden of proof (1)
- California business and professions code (1)
-
- California labor code (1)
- Consideration (1)
- Consumer rights (1)
- Contracts (1)
- Copyright infringement (1)
- Edwards v. arthur andersen llp (1)
- Entertainers (1)
- Exceptions law (1)
- Film scripts (1)
- Freedom of speech (1)
- Guarantees (1)
- Hospitality industry (1)
- Implied covenants (1)
- Internet (1)
- Law & Social Change (1)
- Ninth Circuit Survey (1)
- Noncompete agreements (1)
- Noncompetition clauses (1)
- Obscenity (1)
- Offer (1)
- Seaman's direct buying service v. standard oil co. (1)
- Standardized terms of contract (1)
- Sureties (1)
- Unenforceable contract (1)
- Unenforceable meretricious contract (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata
The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata
Golden Gate University Law Review
The recent article Nonbinding Bondage: Exploring the (Extra)legal Complexity of BDSM Contracts encapsulates the aesthetic legacy of the sex contract and its embodiment in what this Comment calls “legal role play,” or how individuals perform contractual play-acting for sexual gratification. In Part I, this Comment challenges Nonbinding Bondage’s historical arc, using this writing as a launchpad for a more extensive discussion of the sex contract’s aesthetic interpretation. Employing a vocabulary of parody, play and performance (all aesthetics terms), Nonbinding Bondage presents the most popular reading of subcultural BDSM contracts: that they mime aspects of traditional contracts to unearth truths about …
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Golden Gate University Law Review
This Note examines Benay v. Warner Bros. Entertainment, Inc., and the substantial-similarity standard under a California breach of an implied-in-fact contract claim and a federal copyright infringement claim. The standard used in Benay will hinder the free flow of ideas by deterring producers from accepting an author’s screenplay for fear of breaching an implied-in-fact contract. Part I of this Note summarizes the history and development of the protection of rights to creative works. Part II provides the facts and procedural history of Benay v. Warner Bros. Entertainment, Inc. Part III analyzes and criticizes the Ninth Circuit’s holding in Benay …
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Golden Gate University Law Review
On August 7, 2008, the California Supreme Court issued a vital enunciation of State Law in the decision of Edwards v. Arthur Andersen LLP. The court explicitly rejected the existence of any "narrow restraint" exception to California's prohibition against noncompetition agreements under California Business and Professions Code section 16600. The majority also stated that a general release "does not encompass nonwaivable statutory protections, such as the employee indemnity protection of [Labor Code section] 2802,'' even if the express language of the contract is all-encompassing. The Edwards Court's rejection of a "narrow-restraint" exception brings needed certainty to interpretation of Business and …
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Golden Gate University Law Review
This Comment explores the California scheme for dealing with adhesion contracts, and proposes a change to the existing legal structure. Part I describes how California courts define adhesion contracts, examines the theories California courts have adopted to allow consumers to challenge adhesion contracts, and considers how jurisdictions outside California handle adhesion contracts. Part II focuses on when California courts will consider a contract adhesive and unenforceable. Part III compares California's system of dealing with adhesion contracts with systems established in jurisdictions outside California in order to determine whether there is truly any substantive difference. Part IV suggests changes to improve …
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Golden Gate University Law Review
This Comment serves as a guide to contracting parties and legislative drafters to initially, in an accurate and descriptive manner, define the scope of the entity, and thus, avoid litigation. Additionally, the factors enumerated through permissive uses and restrictive covenants (such as a dancing or minimum stay requirement) if utilized, will enhance the enforceability of the statutes and contractual restrictive covenants.
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
Golden Gate University Law Review
The Internet, or ARPAnet, was originally developed by the U.S. Defense Department to support military research. As academics were invited to use the system, word of the system's research utility quickly spread. As the popularity of the computer increased, public consumer demand for access to the Internet increased. Consequently, the Internet quickly became a household word, no longer confined to government or academic circles. Currently, the Internet accommodates million users, and the numbers increase daily. In light of the expanse and growing importance of the Internet, this Comment will discuss the history and application of obscenity laws. This Comment will …
Contract Law, Suheil Joseph Totah
Contract Law, Suheil Joseph Totah
Golden Gate University Law Review
No abstract provided.
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Golden Gate University Law Review
In Seaman's Direct Buying Service, Inc. v. Standard Oil CO., the California Supreme Court affirmed its position that an insurance carrier may risk tort liability for breach of the implied covenant of good faith and fair dealing in addition to contract damages. Moreover, Seaman's enabled the court to explore such liability in the context of an ordinary commercial contract in which "parties of roughly equal bargaining power are free to shape the contours of their agreement." The Seaman's majority deemed it unnecessary to find tort liability on the breach of the implied covenant issue. Instead the court created a more …
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Golden Gate University Law Review
Parts I and II of this article will discuss the Wolf and Wilhelmina cases. Part III will describe the equitable contract remedies of specific performance and injunctions for breach of a personal services contract. Part IV will discuss a proposed new standard to permit the award of special damages that may provide a more effective remedy for future breaches of contract.