Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (7)
- Boston College Law School (5)
- University of Michigan Law School (5)
- Columbia Law School (4)
- Selected Works (4)
-
- Cornell University Law School (3)
- University of Pennsylvania Carey Law School (3)
- University of Washington School of Law (3)
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Georgia School of Law (2)
- Brigham Young University Law School (1)
- Campbell University School of Law (1)
- Florida A&M University College of Law (1)
- Florida State University College of Law (1)
- Notre Dame Law School (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Texas A&M University School of Law (1)
- University at Buffalo School of Law (1)
- University of California, Hastings College of the Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- University of Missouri School of Law (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Contracts (11)
- Contratos (5)
- SSRN (3)
- Uniform Commercial Code (3)
- Commercial law (2)
-
- Contract (2)
- Contract law (2)
- Corporations (2)
- Derecho del Consumidor (2)
- Domestic Relations (2)
- Economics (2)
- Estoppel (2)
- Family Law (2)
- International law (2)
- Law and Society (2)
- Legal Analysis and Writing (2)
- Partnerships (2)
- Performance (2)
- Promissory estoppel (2)
- Religion (2)
- Responsabilidad CIvil (2)
- Specific performance (2)
- "no oral modification" (1)
- "no oral waiver" (1)
- Abrams (Roger) (1)
- Adhesion contracts (1)
- Adjunct (1)
- Adjunct faculty (1)
- Agriculture -- Iowa (1)
- Americans with Disabilities Act; ADA; Title I of ADA; analyzing contractual grievances; labor arbitration; reasonable accommodation; seniority clause; Section 513 of the ADA; Section 118 of the Civil Rights Act of 1991; Federal Arbitration Act; Section 203(d) of the Taft-Hartley Act; Executive Order 11246 OFCCP Revised Order Number 4; Judicial Improvements and Access to Justice Act; Administrative Dispute Resolution Act; benefits of using arbitration; resolving reasonable accommodation issue through arbitration; enforceability of arbitration agreements; Wright v. Universal Maritime Service Corp.; ADA and grievance arbitration; contractual seniority rights versus reasonable accommodation; (1)
- Publication
-
- Faculty Scholarship (7)
- Martin Paolantonio (7)
- Michigan Law Review (4)
- Articles (3)
- Boston College Law School Faculty Papers (3)
-
- Cornell Law Faculty Publications (3)
- Faculty Scholarship at Penn Carey Law (3)
- Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- LLM Theses and Essays (2)
- University of Arkansas at Little Rock Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- BYU Law Review (1)
- Boston College International and Comparative Law Review (1)
- Boston College Law Review (1)
- Bruce M Price (1)
- Buffalo Law Review (1)
- Campbell Law Review (1)
- Graydon S. Staring (1)
- Indiana Law Journal (1)
- Ivo Teixeira Gico Jr. (1)
- Journal Articles (1)
- Journal Publications (1)
- Kentucky Law Journal (1)
- Librarians' Articles (1)
- Publications (1)
- Sanford N. Katz (1)
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Law
In Search Of The Mot Juste: The Toubon Law And The European Union, Christine Vanston
In Search Of The Mot Juste: The Toubon Law And The European Union, Christine Vanston
Boston College International and Comparative Law Review
No abstract provided.
Reforming The Unbargained Contract: Avoiding Bondholder Claims For Surprise Par Calls, Robert S. Blanc, Randy D. Gordon
Reforming The Unbargained Contract: Avoiding Bondholder Claims For Surprise Par Calls, Robert S. Blanc, Randy D. Gordon
Faculty Scholarship
Until the last couple of decades, interest rates remained relatively stable, thus providing little incentive for corporate borrowers to seek novel ways of redeeming purportedly non-callable bonds at par. But with the advent of junk bonds and periods of great interest rate volatility, issuers have been provided with powerful incentives to explore the relatively uncharted waters of par calls. This Article examines the authority for and legality of such par calls and ultimately proposes a redefinition of the issuer-bondholder relationship. This redefinition accounts for the realities of the marketplace and should lead a return to more settled expectations in both …
The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman
The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman
Cornell Law Faculty Publications
Although the theory of promissory estoppel enforces promises that induce reasonable detrimental reliance, this article reveals the theory's colossal failure in the non-union employment setting. This conclusion is based on an examination of all of the reported decisions in the United States that discussed promissory estoppel over a two-year period in the mid 1990's. During this period, employees won only 4.23 percent of employment promissory estoppel cases decided on the merits. At first blush, this is very surprising because employers, through their communications, seek to create the expectation of a stable, secure work environment and employees, because of their lack …
Prologue, Sanford N. Katz
Prologue, Sanford N. Katz
Boston College Law School Faculty Papers
No abstract provided.
Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring
Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring
Graydon S. Staring
When courts differ widely and sharply on which of three or four procedural courses shouold be taken to enforce a contractual right of unquestioned validity, and every such course openly strains orthodox procedural doctrine, we may suslpect they are all wrong. We can confirm that they are wrong when we recognize the right in question is not a procedural incident at all but the right to a substantive performance, bargained for by the parties, that has about it an illusory appearance of procedure and, because of its substance, does not fit comfortably within merely procedural doctrine. Such is the right …
The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman
The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman
The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman
Boston College Law Review
No abstract provided.
Paternalism In The Law Of Marriage, Jeffrey E. Stake
Paternalism In The Law Of Marriage, Jeffrey E. Stake
Indiana Law Journal
No abstract provided.
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Articles
In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Second Generation Of Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Hara O'Connor, William H. Allen
Second Generation Of Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Hara O'Connor, William H. Allen
Scholarly Publications
In his 1963 article in the Stanford Law Review, “Choice of Law and the Federal System,” Professor William F. Baxter criticized the choice-of-law approach of the First Restatement of the Conflict of Laws. According to the Restatement, courts should apply the law of the state where the last act or event deemed necessary to create a cause of action occurred. In contrast, Baxter advocated a comparative-impairment approach, whereby judges were obligated to apply the law of the state whose public policy would suffer the greatest impairment if its law was not applied. The authors contend that although Baxter’s approach caries …
The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell
The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell
Michigan Law Review
Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …
The Employment Contract, Ian Ayres, Stewart J. Schwab
The Employment Contract, Ian Ayres, Stewart J. Schwab
Cornell Law Faculty Publications
This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods
University of Arkansas at Little Rock Law Review
No abstract provided.
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
William & Mary Law Review
No abstract provided.
Mcc-Marble Ceramic Center: The Parol Evidence Rule And Other Domestic Law Under The Convention On Contracts For The International Sale Of Goods, Rod N. Andreason
Mcc-Marble Ceramic Center: The Parol Evidence Rule And Other Domestic Law Under The Convention On Contracts For The International Sale Of Goods, Rod N. Andreason
BYU Law Review
No abstract provided.
An Inquiry Into Several Difficult Problems In Enacting China's Uniform Contract Law, Wang Lliming, Keith Hand
An Inquiry Into Several Difficult Problems In Enacting China's Uniform Contract Law, Wang Lliming, Keith Hand
Washington International Law Journal
Translator's Forward: In March of 1999, China's Ninth National People's Congress ("NPC") passed the Contract Law of People's Republic of China. The new law is the product of nearly six years of drafting work by China's Legislative Affairs Commission and contains over 400 articles, including 129 general contract provisions and 299 articles dealing with specific types of contracts. When the law takes effect on October 1, 1999, it will unify China's contract law by replacing the three principal contract statutes currently in force, the Economic Contract Law, the Foreign-related Economic Contract Law, and the Technology Contract Law. The passage of …
Freedom Of Contract And The Securities Laws: Opting Out Of Securities Regulation By Private Agreement, Elaine A. Welle
Freedom Of Contract And The Securities Laws: Opting Out Of Securities Regulation By Private Agreement, Elaine A. Welle
Washington and Lee Law Review
No abstract provided.
Consideraciones Acerca Del Proyecto De Reforma Del Código Civil Y Los Contratos De Empresa, Martin Paolantonio
Consideraciones Acerca Del Proyecto De Reforma Del Código Civil Y Los Contratos De Empresa, Martin Paolantonio
Martin Paolantonio
Se analizan y valoran las propuestas de la reforma proyectada en 1998, respecto de los contratos de empresa, incluyendo la etapa precontractual, reglas de interpretación y contratos con cláusulas predispuestas
La Prescripción De Las Acciones Cambiarias, Martin Paolantonio, Salvador Bergel
La Prescripción De Las Acciones Cambiarias, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Estudio sobre la prescripción de las acciones para el cobro de títulos valores cambiarios (letra de cambio, pagaré, cheque, factura de crédito y letras hipotecarias)
La Retribución De Los Directores Y El Análisis Económico Del Derecho: Reflexiones Sobre El Caso De Las Sociedades Abiertas, Martin Paolantonio
La Retribución De Los Directores Y El Análisis Económico Del Derecho: Reflexiones Sobre El Caso De Las Sociedades Abiertas, Martin Paolantonio
Martin Paolantonio
Desde la perspectiva del AED, análisis crítico de las disposiciones de la ley de sociedades comerciales en materia de retribución de administradores
Las Cláusulas Abusivas En El Contrato De Emisión De Tarjeta De Crédito, Martin Paolantonio
Las Cláusulas Abusivas En El Contrato De Emisión De Tarjeta De Crédito, Martin Paolantonio
Martin Paolantonio
Análisis de las cláusulas abusivas integrando las disposiciones de la ley 25065 de tarjetas de crédito con las normas generales de tutela al consumidor (ley 24240)
Responsabilidad Civil De Las Entidades Financieras En Las Operaciones De Crédito Al Consumo, Martin Paolantonio, Salvador Bergel
Responsabilidad Civil De Las Entidades Financieras En Las Operaciones De Crédito Al Consumo, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Tratamiento de una cuestión sustantiva en las operaciones de crédito al consumo: la tutela del consumidor ante el incumplimiento del proveedor y la pretensión de cobro del financista
Alcances De La Ley 23.928 Y Su Vinculación Con Los Contratos De Locación, Martin Paolantonio
Alcances De La Ley 23.928 Y Su Vinculación Con Los Contratos De Locación, Martin Paolantonio
Martin Paolantonio
Análisis del alcance de la prohibición de indexar obligaciones, a propósito de una nota a fallo de la Cámara Nacional Civil sobre un contrato de locación comercial
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Faculty Publications
The § 365 consumer debtor case law has a further complication. Much of it arises in the context of the last great bankruptcy frontier, Chapter 13. Until recently, Chapter 11 has occupied the minds and hearts of courts and attorneys. Not any more. And, as attorneys and courts take a closer, harder look at Chapter 13, it is no longer possible to describe it as a “streamlined creditors-can’t-vote Chapter 11”. Chapter 13 is unique, presenting its very own quandaries, not the least of which is how its provisions and § 365 interact. We live in interesting times.
Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina
Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina
LLM Theses and Essays
For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …
The Legal Status Of Teachers: A Comparative Study Between The System In The United States And The System In Belgium., Hildegard Ann Schmidt
The Legal Status Of Teachers: A Comparative Study Between The System In The United States And The System In Belgium., Hildegard Ann Schmidt
LLM Theses and Essays
The legal status of the teacher refers to his life both inside and outside the classroom. The most obvious part of his job is teaching, which consists of the passing of knowledge to his students. Yet before he enters the classroom, there are issues to be resolved. For instance, the nature of the employment contract must be determined. Since job security is a substantial matter, the teacher needs to know whether the employment contract is at will. If it is not an at-will contract, the reasons for dismissal should be clearly established. The teacher also will be concerned about the …
Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush
Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
Journal Publications
In this half of the twentieth century, the academic equivalent of the indentured servant is the adjunct faculty member in higher education. Adjuncts cannot say or do much about their plight. The dilemma of adjunct faculty leads to what should be considered a violation of due process rights. This Article first examines who are the adjunct faculty, what are their dilemmas, and how are they viewed in the academic world. The heart of the paper then explores the limited legal remedies available. The essential problems of lack of due process and minimal protection through collective bargaining and contractual agreements are …