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Articles 1 - 30 of 118
Full-Text Articles in Law
Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger
Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Count The Limbs: Designing Robust Aggregation Clauses In Sovereign Bonds, Anna Gelpern, Ben Heller, Brad Setser
Count The Limbs: Designing Robust Aggregation Clauses In Sovereign Bonds, Anna Gelpern, Ben Heller, Brad Setser
Georgetown Law Faculty Publications and Other Works
On August 29, 2014, the International Capital Market Association (ICMA) published new recommended terms for sovereign bond contracts governed by English law. One of the new terms would allow a super majority of creditors to approve a debtor’s restructuring proposal in one vote across multiple bond series. The vote could bind all bond holders, even if a series voted unanimously against restructuring, so long as enough holders in the other series voted for it. An apparently technical change, awkwardly named “single-limb aggregated collective action clauses (CACs)” promised to eliminate free-riders for the first time in the history of sovereign bond …
Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Dealing With Installment Sales 35 Years After The Installment Sales Revision Act Of 1980, Robert D. Schachat
Dealing With Installment Sales 35 Years After The Installment Sales Revision Act Of 1980, Robert D. Schachat
William & Mary Annual Tax Conference
No abstract provided.
Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long
Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger
Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger
Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long
Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Newsroom: Monestier On Long-Arm Jurisdiction, Roger Williams University School Of Law
Newsroom: Monestier On Long-Arm Jurisdiction, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner
Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner
Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes
The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes
Faculty Scholarship
The survey that follows highlights the most important developments of 2014 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions in these areas, which are highlighted in the survey, there has also been important legislative progress. The 2010 amendments to U.C.C. Article 9 have been adopted in forty-nine states, the District of Columbia, and Puerto Rico, and introduced in Oklahoma. Those revisions were summarized in the Introduction to the 2009 survey. Additionally, the 2012 amendments to U.C.C. …
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Articles
Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …
With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner
With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner
Articles
This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world. Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71 %, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the …
The Way We Pay Now: Understanding And Evaluating Performance-Based Executive Pay, David I. Walker
The Way We Pay Now: Understanding And Evaluating Performance-Based Executive Pay, David I. Walker
Faculty Scholarship
Over the last ten years, performance-based equity pay, and particularly performance shares, have displaced stock options as the primary instrument for compensating executives of large, public companies in the U.S. This article examines that transformation, analyzing the structure and incentive properties of these newly important instruments and evaluating the benefits and risks from an investor’s perspective. Notable observations include the following: Although technically “stock” instruments, performance shares mimic the incentive characteristics of options. But performance shares avoid the tax, accounting, and other constraints that have led to uniform grants of non-indexed, at the money options. Performance share plans can be …
In Re: Manhattan West Mechanic’S Lien Litigation, 131 Nev. Adv. Op. 70 (Sept. 24, 2015), Kristian Kaskla
In Re: Manhattan West Mechanic’S Lien Litigation, 131 Nev. Adv. Op. 70 (Sept. 24, 2015), Kristian Kaskla
Nevada Supreme Court Summaries
The Court determined that (1) a general subordination agreement effects a partial subordination; and (2) NRS 108.225 does not preclude parties from contracting for a partial subordination.
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Nevada Supreme Court Summaries
The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.
Am. First Fed. Credit Union V. Soro, 131 Nev. Adv. Op. 73 (Sep. 24, 2014), Katherine Maher
Am. First Fed. Credit Union V. Soro, 131 Nev. Adv. Op. 73 (Sep. 24, 2014), Katherine Maher
Nevada Supreme Court Summaries
The Court determined that a contract clause in which the parties “submit themselves to the jurisdiction of” another state, without more exclusive language, is permissive and does not result in a mandatory forum selection clause.
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Nevada Supreme Court Summaries
The Court held that an employment arbitration agreement, which contains a clause waiving the right to initiate or participate in class actions, constitutes a valid contract, even though it is not signed by the employer. The Court further determined that the Federal Arbitration Act applies to all transactions involving commerce and does not conflict with the National Labor Relations Act, which permits and requires arbitration. Finally, the Court found that a party does not automatically waive its contractual rights to arbitration by removing an action to federal court.
State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland
State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Land Baron Invs. V. Bonnie Springs Family Lp, 131 Nev. Adv. Op. 69 (Sept. 17, 2015), Rob Schmidt
Land Baron Invs. V. Bonnie Springs Family Lp, 131 Nev. Adv. Op. 69 (Sept. 17, 2015), Rob Schmidt
Nevada Supreme Court Summaries
This case is an appeal arising from a failed land sale contract. The Court considered three issues of first impression, holding that (1) when a party bears the risk, mutual mistake is not a basis for rescission; (2) an abuse of process claim may not be supported by a complaint to an administrative agency; (3) a nuisance claim seeking only emotional distress damages must be supported by proof of physical harm. Ultimately, The Court affirmed in part and reversed in part.
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Scholarly Articles
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.
Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”
Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl
Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl
Law Faculty Articles and Essays
No abstract provided.
Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long
Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
From Hierarchies To Markets: Fedex Drivers And The Work Contract As Institutional Marker, Julia Tomassetti
From Hierarchies To Markets: Fedex Drivers And The Work Contract As Institutional Marker, Julia Tomassetti
Georgetown Law Faculty Publications and Other Works
Judges are often called upon today to determine whether certain workers are “employees” or “independent contractors.” The distinction is important, because only employees have rights under most statutes regulating work, including wage and hour, anti-discrimination, and collective bargaining law. Too often judges exclude workers from statutory protection who resemble what legal scholars have described as typical, industrial employees — long-term, full-time workers with set wages and routinized responsibilities within a large firm. To explain how courts reach these counterintuitive results, the article examines recent federal decisions finding that FedEx delivery drivers are independent contractors rather than employees. It argues that …
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien
Faculty Scholarship
This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes …
Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner
Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner
Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner
Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman
Law Faculty Publications
Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …