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- 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)
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Articles 1 - 19 of 19
Full-Text Articles in Law
Paternalism In The Law Of Marriage, Jeffrey E. Stake
Paternalism In The Law Of Marriage, Jeffrey E. Stake
Indiana Law Journal
No abstract provided.
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 …
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.
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.
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.
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.
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.
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Campbell Law Review
This comment explores, respectively, the history and purpose of the statute of frauds, the requirement of the Code's statute of frauds, the distinctions between sections 2-209(2) and 2-209(3), the faults in the majority application of section 2-209(3), the proposed application of section 2-209(3), and the benefits of the submitted application of section 2-209.
The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker
The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker
Vanderbilt Journal of Transnational Law
Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …
Private Ordering At The World's First Futures Exchange, Mark D. West
Private Ordering At The World's First Futures Exchange, Mark D. West
Michigan Law Review
Modern derivative securities - financial instruments whose value is linked to or "derived" from some other asset - are often sophisticated, complex, and subject to a variety of rules and regulations. The same is true of the derivative instruments traded at the world's first organized futures exchange, the Dojima Rice Exchange in Osaka, Japan, where trade flourished for nearly 300 years, from the late seventeenth century until shortly before World War II. This Article analyzes Dojima's organization, efficiency, and amalgam of legal and extralegal rules. In doing so, it contributes to a growing body of literature on commercial self-regulation while …
Lawyers, Law, And Contract Formation: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Robert K. Rasumssen
Lawyers, Law, And Contract Formation: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Robert K. Rasumssen
Michigan Law Review
Attempting to infuse the austerity of theory with a dose of reality, an intrepid group of legal scholars has left the security of the office and ventured into the work-a-day world of commercial practices. The information that they have gathered and are sharing with the rest of us is furthering our understanding of the interaction between commercial law and commercial practice. Embedded in much of the research they have generated is the not-so-flattering conclusion that law professors suffer from a self-serving bias. Those of us in the academy engage in the assumption, often unstated or even unacknowledged, that the law …
Risky Business: Htas, The Cash Forward Exclusion And Top Of Iowa Cooperative V. Schewe, Charles F. Reid
Risky Business: Htas, The Cash Forward Exclusion And Top Of Iowa Cooperative V. Schewe, Charles F. Reid
Villanova Law Review
No abstract provided.
Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer
Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington
Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington
Buffalo Law Review
No abstract provided.
Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann
Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann
Seattle University Law Review
Is it fair that professional football players possess so much control in renegotiating contracts? Do the players in fact possess the control that we perceive them to have? Often, players do have most of the bargaining power, as in the case of college players being chosen in the draft. Once a team has chosen to pursue a draftee out of college, no other team has the right to interfere with that process. If that club fails to sign the player, the club wastes a valuable pick, and there is no remedy for such a failure. But after that introduction into …
The Richness Of Contract Theory, Randy E. Barnett
The Richness Of Contract Theory, Randy E. Barnett
Michigan Law Review
When I teach the doctrine of good faith performance, I assign an exchange between two distinguished contracts scholars, Robert Summers and Steven Burton, that has come to be known as the "Summers-Burton" debate. This debate is interesting not only for the contrasting views of its protagonists concerning the doctrine of good faith, but also because of the generational shift in modes of scholarship it represents. In the 1950s and 1960s, contracts scholars, like so many others, rejected so-called "conceptualist" or "formalist" approaches that attempted to dictate the outcome of cases with general concepts and rules. Contracts scholarship was dominated by …
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.
Purchasing The Right To Govern: Winstar And The Need To Reconceptualize The Law Of Regulatory Agreements, Alan R. Burch
Purchasing The Right To Govern: Winstar And The Need To Reconceptualize The Law Of Regulatory Agreements, Alan R. Burch
Kentucky Law Journal
No abstract provided.