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Articles 1 - 30 of 107
Full-Text Articles in Law
An "App" For Third Party Beneficiaries, David G. Epstein, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag
An "App" For Third Party Beneficiaries, David G. Epstein, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag
Washington Law Review
Every year, more than 100 reported court opinions consider the question of whether an outsider can sue for damages under a contract made by others—in part because the law is so ambiguous. While contract enforcement by a third party is controlled largely by the facts of the particular case, it also materially depends upon the relevant legal standards. At present, not just the standards, but also the reasons for these standards, are unclear. Eighty years ago, Lon Fuller, a professor teaching contracts at a then-Southern law school, and William Perdue, a student at that school, significantly clarified and improved decision-making …
Corporate And Business Law, Laurence V. Parker Jr.
Corporate And Business Law, Laurence V. Parker Jr.
University of Richmond Law Review
Over the past three years, there have been a number of legislative changes to Virginia's business entity statutes. In Part I,this article highlights the changes to the Virginia Stock Corporation Act ("VSCA") and the Virginia Nonstock Corporation Act ('"VNSCA"). Part II highlights changes to the Limited Liability Company Act ("LLC Act"). Part III summarizes Virginia's new intrastate crowdfunding law. The Supreme Court of Virginia has also addressed several significant issues over the last three years, including the applicability of appraisal rights in a stepped transaction. Part IV reviews several of the significant cases during this period.
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen
Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen
Fordham Law Review
Home and business owners increasingly rely on alarm systems to protect against theft and property damage. When a burglary or fire occurs and an alarm service customer discovers that the alarm company negligently failed to call the police or fire department, the customer understandably would expect redress for the company’s failure to provide its service. Many customers would be surprised, though, to discover that an alarm company’s liability is often contractually limited to a relatively token amount unrelated to the cost of the service, even when the alarm company is negligent. Some states view these limitations of liability as exculpatory …
Gambling Contract Not Violative Of Public Policy
Gambling Contract Not Violative Of Public Policy
The Catholic Lawyer
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Journal of Intellectual Property Law
No abstract provided.
Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito
Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito
Michigan Business & Entrepreneurial Law Review
Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …
Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell
University of Arkansas at Little Rock Law Review
No abstract provided.
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs, Kristen Matteoni
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs, Kristen Matteoni
Nevada Law Journal
No abstract provided.
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
Nevada Law Journal
No abstract provided.
Public Responsibllities Beyond Consent: Rethinking Contract Theory, Leon E. Trakman
Public Responsibllities Beyond Consent: Rethinking Contract Theory, Leon E. Trakman
Hofstra Law Review
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
Georgia Journal of International & Comparative Law
No abstract provided.
Patent Privateers And Antitrust Fears, Matthew Sipe
Patent Privateers And Antitrust Fears, Matthew Sipe
Michigan Telecommunications & Technology Law Review
Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
Indiana Journal of Global Legal Studies
This article considers how legal frameworks shape the autonomous subject in a global economy. It makes salient the ways that different legal frameworks presume and enforce a particular subjectivity by positing certain behavioral expectations of various subjects. It does so through a focus on the underexplored rhetoric and implicit narratives of consumer contract law and transactional practice in the American and European regimes. By comparing the approach of the European Union to consumer contract, which posits the consumer as facing significant constraints on agency, to that in the United States, which elides functional limits of consumer knowledge and choice, this …
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Georgia Journal of International & Comparative Law
No abstract provided.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Georgia Journal of International & Comparative Law
No abstract provided.
U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis
U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis
Catholic University Law Review
In an effort to provide more clarity to a highly confusing area of law, Professor Timothy Davis surveyed ninety-four cases decided between January 1, 2005 and July 1, 2015 to see when additional terms in contracts constitute a material alteration under the U.C.C. The Article identifies the various factors that courts will consider to determine the issue, including (1) the subject matter of the additional term; (2) the test adopted for determining materiality; (3) the conduct of the parties; (4) the presence of course of dealing evidence; and (5) the language of comments four to U.C.C. section 2-207. Moreover, the …
The Standard Investment Agreement: Text And Comments, Philippe Kahn
The Standard Investment Agreement: Text And Comments, Philippe Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski
Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski
Cleveland State Law Review
The Sixth Circuit and the district courts within the circuit have held that non-signatories to arbitration contracts may be compelled to arbitrate under the Federal Arbitration Act—even though they are not signatories to the arbitration contract. These courts reason that the non-signatories must arbitrate their claims because of an equitable estoppel theory. Although the Federal Arbitration Act displaces most state law regarding arbitration, the Supreme Court has held that federal courts must use state contract law to determine who is bound by an arbitration contract. This Note examines state contract law in the Sixth Circuit on equitable estoppel and concludes …
Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co., Lauren Anthony
Villanova Law Review
No abstract provided.
Contracting Out Of Fiduciary Duties In Llcs: Delaware Will Lead, But Will Anyone Follow?, H. Justin Pace
Contracting Out Of Fiduciary Duties In Llcs: Delaware Will Lead, But Will Anyone Follow?, H. Justin Pace
Nevada Law Journal
No abstract provided.
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway
Seattle University Law Review
Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois District …
Slave Contracts And The Thirteenth Amendment, John C. Williams
Slave Contracts And The Thirteenth Amendment, John C. Williams
Seattle University Law Review
The Thirteenth Amendment—the commandment that “neither slavery nor involuntary servitude . . . shall exist within the United States”— did not truly eradicate incidents of slavery. This is hardly a controversial point. The postwar emergence of the Black Codes—laws meant to confine African Americans’ ability to rent, travel, and live as free humans would expect to—ensured that slavery’s conditions continued unabated. The Amendment itself permits slavery to exist “as a punishment for crime whereof the party shall have been duly convicted.” Still, did the Thirteenth Amendment not abolish the most fundamental characteristic of chattel slavery—the ability to trade in and …
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.