Law Commons^™

The Shrinkwrap Snafu: Untangling The "Extra Element" In Breach Of Contract Claims Based On Shrinkwrap Licenses, Nathan Smith

BYU Law Review

No abstract provided.

Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt

Indiana Law Journal

No abstract provided.

Contract Law And Christian Conscience, Val D. Ricks

BYU Law Review

No abstract provided.

Three Degrees Of Promising, Eric G. Andersen

BYU Law Review

No abstract provided.

Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien

Indiana Law Journal

No abstract provided.

The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley

San Diego International Law Journal

This Article seeks to illumine the legal nature of the letter of credit instrument, and catalogue the various sources of law and rules that can govern it; and, by doing so, render a service to those who must quickly come to grips with letter of credit law. The Article is in two parts. The first part examines the legal nature of the letter of credit by looking at its definition, operation, and history and by comparing it with negotiable instruments and contracts. The second part considers the rules, customs, and regulations governing letters of credit and introduces the two fundamental …

The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales

West Virginia Law Review

No abstract provided.

You Asked For It, You Got It . . . Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley

Nevada Law Journal

No abstract provided.

Back To Prima Paint Corp. V. Flood & Conklin Manufacturing Co.: To Challenge An Arbitration Agreement You Must Challenge The Arbitration Agreement, Andre V. Egle

Washington Law Review

The Federal Arbitration Act (FAA) requires courts to order parties in a dispute arising out of a commercial contract containing an arbitration provision to proceed to arbitration unless the formation or performance of the arbitration agreement itself is at issue. In 1967, the U.S. Supreme Court held in Prima Paint Corp. v. Flood & Conklin Manufacturing Co. that under the FAA, courts, instead of arbitrators, should resolve claims for fraudulent inducement of arbitration agreements. However, courts were not permitted to resolve claims for fraud in the inducement of the underlying commercial contracts. The Court also held that when deciding whether …

The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock, Chauncey E. Brummer

University of Arkansas at Little Rock Law Review

No abstract provided.

Renegotiation And Adaptation Of International Investment Contracts, Klaus P. Berger

Vanderbilt Journal of Transnational Law

In modern-day international investment practice, especially in connection with the exploitation of natural resources, Production Sharing Agreements have come to take over the role of the classic concession agreement. Like their predecessors, these contracts are particularly vulnerable to disturbances in the commercial balance agreed to, or assumed by, the parties at the conclusion of the contract. This vulnerability has three primary causes.

First, these are classic examples of long term contracts. In the petroleum industry, the commitment of significant capital for exploration, particularly in development, and the assumption of considerable risk, particularly in exploration, require contracts covering up to and …

Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

The (Pre) (As) Sumed "Consent" Of Commercial Binding Arbitration Contracts: An Empirical Study Of Attitudes And Expectations Of Transactional Lawyers, 36 J. Marshall L. Rev. 589 (2003), Celeste M. Hammond

UIC Law Review

No abstract provided.

The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook

Vanderbilt Journal of Entertainment & Technology Law

The success of digital distribution depends on various factors that shape today's music industry. Part I will examine the traditional method of releasing an album and its impact on the duration of recording agreements. This section will focus on the recent legislative debate within California and will illuminate problems regarding the duration of a standard recording contract. Part II investigates modern methods of distribution and whether digital distribution is a viable alternative for the retail of music. Part III discusses innovative marketing models that could reduce costs associated with an album's release. Part IV examines barriers that the music industry …

Idea Men Should Be Able To Enforce Their Contractual Rights: Considerations Rejecting Preemption Of Idea-Submission Contract Claims, Celine Michaud, Gregory Tulquois

Vanderbilt Journal of Entertainment & Technology Law

It is a long-standing and general rule that ideas are "free as the air" as Justice Brandeis eloquently stated in the dissent to the seminal case International News Service v. Associated Press.' This axiom of copyright law expresses the idea that copyright does not protect ideas but only protects the expression of ideas in a work. The distinction between unprotected ideas and protected expression is often referred to as the idea-expression dichotomy...

The principle of the idea-expression dichotomy was initially stated in Baker v. Selden, and later cases further articulated this principle, so that it has become one of the …

Accrued Financial Services, Inc. V. Prime Retail, Inc.: Resurrecting Barratry Imposes Detour On Road To Modernization Of Maryland Contracts Jurisprudence, Ross Q. Panko

Maryland Law Review

No abstract provided.

Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky

University of Richmond Law Review

No abstract provided.

Annual Survey Of Oklahoma Contract, Consumer, And Commercial Law: 2000-2002, Fred H. Miller

Oklahoma Law Review

No abstract provided.

Renegotiation And Adaptation Clauses In Investment Contracts, Revisited, John Y. Gotanda

Vanderbilt Journal of Transnational Law

Professor Dr. Klaus Berger, in Renegotiation and Adaptation of International Investment Contracts: The Role of Contract Drafters and Arbitrators, proposes that international investment contracts include a clause allowing the parties to renegotiate the terms of their contract if certain events take place.' If they are unable to reach an agreement, Professor Berger advocates that the parties agree to permit an arbitral tribunal to modify the terms of the contract to restore the economic equilibrium assumed by the parties when they concluded the agreement. Although commentators have often championed these clauses, private parties involved in international transactions have included them infrequently. …

Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Contracts—Beating Them At Their Own Game: The Business Risk Doctrine And The Broadening Coverage Of Commercial General Liability Insurance—Thommes V. Milwaukee Insurance Co., Katherine J. Solon

William Mitchell Law Review

This note first examines the theory behind the business risk doctrine in analyzing CGL insurance. It then details the supreme court's holding in Thommes, followed by an analysis of that decision. Finally, the note concludes that, whatever problems may exist, the court has devised a manageable approach to CGL insurance coverage.

Energy Goods: Should Article 2 Of The Uniform Commercial Code Apply To Energy Sales In A Deregulated Environment, 37 J. Marshall L. Rev. 281 (2003), Koby Bailey

UIC Law Review

No abstract provided.

Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch

Vanderbilt Law Review

Within the past decade, professional organizations interested in making the law better suited to commercial transactions have begun to advocate the proposition that contracting parties should have almost unlimited power to choose the law to govern their relationship. The new choice-of-law framework resulting from these reform efforts will provide parties with an expanded menu of legal regimes from which to choose when drafting their contract and, in turn, will lead to a more frequent use of choice-of-law clauses. Indeed, some have even suggested that omitting such a clause may soon become malpractice for the commercial lawyer. Given both the trend …

Corrective Justice In Contract Law: Is There A Case For Punitive Damages?, Curtis Bridgeman

Vanderbilt Law Review

Twentieth-century American legal theory has been dominated by utilitarian and economic approaches. As a result, scholarly analyses of contract and tort law have focused on the public effects of the resolution of private disputes. But in the last twenty years or so justice has undergone a renaissance as so-called corrective-justice theorists have tried to shift the discussion in private law back to the relationships between individual parties. Tort law has been a particularly fertile ground for corrective-justice theorists, and a lively debate has developed about what the best corrective-justice account of tort law would look like.

By contrast, comparatively little …

Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo

UIC Law Review

No abstract provided.