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Articles 31 - 60 of 61
Full-Text Articles in Law
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Interpreting Organizational "Contracts" And The Private Ordering Of Public Company Governance, Megan Wischmeier Shaner
Interpreting Organizational "Contracts" And The Private Ordering Of Public Company Governance, Megan Wischmeier Shaner
William & Mary Law Review
Corporate law is undergoing an explosion of governance by private ordering. With increasing frequency and creativity, the charter and bylaws of public corporations are being used as tools for restructuring key aspects of corporate governance. The current focus of parties, courts, and scholars has been on the facial validity of these efforts. In light of courts’ willingness to uphold corporate governance contracting, legal battles will morph from validity challenges to interpretation disputes. Yet interpretation principles are a topic to which corporate scholars have devoted limited attention. With interpretation poised to take on an influential role in shaping corporate law and …
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
Chicago-Kent Law Review
Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers are included …
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne
A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne
Journal of Race, Gender, and Ethnicity
No abstract provided.
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
American University Law Review
No abstract provided.
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
American University Law Review
No abstract provided.
Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz
Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz
American University Law Review
No abstract provided.
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
American University Law Review
No abstract provided.
American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar
American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar
American University Business Law Review
No abstract provided.
From Clause A To Clause Z: Narrative Transportation And The Transactional Reader, Susan M. Chesler, Karen J. Snedden
From Clause A To Clause Z: Narrative Transportation And The Transactional Reader, Susan M. Chesler, Karen J. Snedden
South Carolina Law Review
No abstract provided.
Jason’S Long Night At Camp Blood: Surveying The Independent Copyrightability Of Jason Voorhees In The Wake Of Horror Inc. V. Miller, Tim Kelly
Cybaris®
No abstract provided.
Penalty Or Damages? Are There Limits To Liquidated Damages Provisions In Teacher Employment Contracts
Florida A & M University Law Review
This Article examines the validity of liquated damages provisions with regard to teacher contracts and the appropriateness of their use. Part II addresses the law of liquidated damages generally. Part III discusses one Georgia case brought by two teachers against DCSD for enforcement of its liquidated damages provision as an attempt to force the teachers to stay with the District. Part IV summarizes a review of various teacher employment contracts and types of liquidated damages clauses incorporated therein. Part IV concludes with a discussion of various issues that school districts ought to take into consideration to enhance teacher retention and …
Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush
Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush
American University Law Review
No abstract provided.
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
American University Law Review
No abstract provided.
Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin
Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin
American University Law Review
No abstract provided.
The Adr Loophole To Restrictive Non-Compete Agreements, Jad Itani
The Adr Loophole To Restrictive Non-Compete Agreements, Jad Itani
Marquette Intellectual Property Law Review
This Comment considers a key question: do employers have a strategy to protect themselves if these restrictive states are restricting corporations from protecting their self-developed trade secrets? In doing so, Part II will discuss an approach that may allow employers to potentially circumvent the restrictive states. This can be achieved by requiring an employee to undergo private arbitration in a dispute with an employer—a strategy that has gained validity in light of the United States Supreme Court’s holding that upholds arbitration clauses even where significant public policy concerns exist. Specifically, an employer in a restrictive state could potentially enforce an …
Contracts: Between A Rock And A Hard Place—Sorchaga V. Ride Auto, Llc, Rachel D. Zaiger
Contracts: Between A Rock And A Hard Place—Sorchaga V. Ride Auto, Llc, Rachel D. Zaiger
Mitchell Hamline Law Review
No abstract provided.
The New Social Contracts In International Supply Chains, David Snyder
The New Social Contracts In International Supply Chains, David Snyder
American University Law Review
No abstract provided.
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin
Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin
Buffalo Law Review
Few concepts have been more pivotal to contract law scholarship over the last forty years than the opportunism attributed ex ante and ex post to contracting parties, yet the lawful form of opportunism identified by Nobel Laureate Oliver Williamson in 1991 remains surprisingly overlooked in favor of the blatant forms of opportunism that result from “self-interest seeking with guile.” This Article extends Williamson’s inchoate account of lawful opportunism and reports the first empirical study of the phenomenon.
The conceptual analysis of lawful opportunism is developed with reference to the bargaining underlying the classic impossibility decision, Taylor v. Caldwell. Three component …
Smart Contracts In Traditional Contract Law, Or: The Law Of The Vending Machine, Jonathan Rohr
Smart Contracts In Traditional Contract Law, Or: The Law Of The Vending Machine, Jonathan Rohr
Cleveland State Law Review
Smart contracts are the new norm, yet state legislatures and courts have not developed set rules and answers to legal disputes that these contracts create. Is traditional contract law sufficient? Or should we create an entirely new legislative or common law scheme to deal with these disputes? The common law has proven to be successful in dealing with new technologies and contracts, particularly because of its flexibility. Although a major overhaul may be in the future, there are still solutions that we can find today with the current legal landscape given the state of contract law and its evolution over …
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne R. Barnes
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne R. Barnes
Georgia Law Review
The advent of the internet has brought innumerable
innovations to our lives. Among the innovations is the
meteoric rise in the volume of e-commerce conducted on
the internet. Correspondingly, consumer-posted
information about merchants, goods, and services has
also become a rich source of information for consumers
researching a purchase online. This information takes
many forms, but a major category is the narrative review
describing the purchase and experience. Such reviews
are posted on websites such as Yelp, Amazon, and
TripAdvisor, on apps, and on social media such as
Facebook and Twitter. The amount and volume of
reviews has exploded in …
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Marquette Law Review
The July 2017 arrival of Taiwanese tech-giant Foxconn and the
establishment of the Wisconn Valley Science and Technology Park in Wisconsin
reflects a larger trend in the United States to reinvent the nation’s
manufacturing economy with high-tech production. High-tech employers have
substantial interests in retaining employees in order to protect their valuable
proprietary information and market share. Non-compete agreements, also
known as restrictive covenants or covenants not to compete, are often the legal
device used to secure these interests. This Comment argues that to attract and
retain employers in the tech industry, Wisconsin should reform its non-compete
law by adopting …
Contractual Incapacity And The Americans With Disabilities Act, Sean M. Scott
Contractual Incapacity And The Americans With Disabilities Act, Sean M. Scott
Dickinson Law Review (2017-Present)
The doctrine of contractual incapacity allows people with mental disabilities to avoid their contractual liability. Its underlying premise is that the law has an obligation to protect people with such disabilities both from themselves and from unscrupulous people who would take advantage of them; mental incapacity provides this protection by rendering certain contracts unenforceable. The Disability Rights Movement (“DRM”), however, has challenged such protective legal doctrines, as they rest on outmoded concepts about people with mental disabilities.
This essay argues that the mental incapacity doctrine undermines the goals of the DRM and the legislative goals of the Americans with Disabilities …
Moral Diversity And Efficient Breach, Matthew A. Seligman
Moral Diversity And Efficient Breach, Matthew A. Seligman
Michigan Law Review
Most people think it is morally wrong to breach a contract. But sophisticated commercial parties, like large corporations, have no objection to breaching contracts and paying the price in damages when doing so is in their self-interest. The literature has ignored the profound legal, economic, and normative implications of that asymmetry between individuals’ and firms’ approaches to breach. To individuals, a contract is a promise that cannot be broken regardless of the financial stakes. For example, millions of homeowners refused to breach their mortgage contracts in the aftermath of the housing crisis even though doing so could have saved them …
The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen
The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen
Oklahoma Law Review
No abstract provided.
The Effect Of Oral Statements On The Making Of The City Of Providence's Municipal Contracts, John J. Chung
The Effect Of Oral Statements On The Making Of The City Of Providence's Municipal Contracts, John J. Chung
Roger Williams University Law Review
No abstract provided.
Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari
Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari
Fordham Journal of Corporate & Financial Law
Blockchain technology is increasingly permeating the everyday lives of countless people. Applications of the cutting-edge technology range from secured banking to tracking mortgage titles. A particular blockchain technology, dubbed “smart contracts,” has the potential to revolutionize how individuals and companies securely contract with each other. Smart contracts, however, are not widely employed, mainly because potential users are uncertain of their enforceability as contracts under existing state contract laws. Similar skepticism slowed the acceptance of electronic signatures in the late 1990s, but was resolved ultimately through a model uniform act recognizing electronic signatures’ effectiveness across interstate borders. This Note proposes a …