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Articles 1 - 30 of 111
Full-Text Articles in Law
Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger
Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland
Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See
Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article challenges the traditional assumption that all cases of unauthorised fiduciary gain warrant the same legal treatment, in particular the imposition of a constructive trust as a disgorgement remedy. It proposes a method of categorising the cases and ranking them based on the strength of the principal’s interest. It is suggested that in cases where the principal’s interest is not particularly strong, there is room for taking into account the interests of innocent third parties and affording them the necessary protection. For this purpose, the remedial constructive trust supplies the needed flexibility.
A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh
A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh
Research Collection Yong Pung How School Of Law
This note argues thatthe English Court of Appeal decision of MWBBusiness Exchange Centres Ltd v Rock Advertising Ltd is a significantmodification of the present understanding of consideration with respect toagreements to accept part-payments of a debt and to perform pre-existing duties,and that the preferred way forward for the development of the law should be judicialintervention by the Supreme Court to reconcile the logical inconsistenciesbetween Foakes v Beer and Williams v Roffey Bros & Nicholls(Contractors) Ltd.
From Context To Text In Contractual Interpretation: Is There Really A Problem With The Plain Meaning Rule?, Yihan Goh
Research Collection Yong Pung How School Of Law
Much of the contemporary scholarship on contractual interpretation is staunchly against a textual analysis, by which a court can only depart from the plain meaning of a contract exceptionally. It is therefore no surprise that scholars have reacted negatively to the spate of recent cases where the English courts have re-emphasized the plain meaning of the text in contractual interpretation. Yet one cannot help but wonder whether a textual analysis is really so problematic when courts across the common law world have re-embraced it. Drawing from both theoretical and comparative perspectives, this paper suggests that a focus on the text …
Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland
Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Life of the Law School (1993- )
No abstract provided.
The Logic Of Contract In The World Of Investment Treaties, Julian Arato
The Logic Of Contract In The World Of Investment Treaties, Julian Arato
Faculty Scholarship
No abstract provided.
Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa
Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa
Law School Blogs
No abstract provided.
Private Lawmaking In Commercial Cyberspace, Eliza Mik
Private Lawmaking In Commercial Cyberspace, Eliza Mik
Research Collection Yong Pung How School Of Law
No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …
Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Equitrade International, Inc. Et Al., Order, John J. Goger
Equitrade International, Inc. Et Al., Order, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland
Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Faculty Scholarship
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier
Journal Articles
It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court’s jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …
Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito
Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito
Faculty Scholarship
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" …
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 2015 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 all fifty states, the District of Columbia, and Puerto Rico. Those revisions were summarized in the Introduction to the 2009 survey. Additionally, the 2012 amendments to U.C.C. Article 4A, which …
Cashman Equipment Co. V. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016), Andrew Hart
Cashman Equipment Co. V. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016), Andrew Hart
Nevada Supreme Court Summaries
The Court determined that (1) NRS 108.2457(5)(e) precludes enforcement of an unconditional release from a bottom-tiered contractor to a higher-tiered contractor, when the higher-tiered contractor properly paid the middle-tiered contractor, but the middle-tiered contractor failed to pay the bottom-tiered contractor; and (2) that equitable fault analysis may not be used to reduce an award in a mechanic’s lien case.
Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long
Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger
Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner
Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Marguetta Carzell Et Al. Order On Motion To Add Party, John J. Goger
Marguetta Carzell Et Al. Order On Motion To Add Party, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Motion To Dissolve Claims Of Lien, John J. Goger
Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Motion To Dissolve Claims Of Lien, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Dong Feng Fang Et Al. Order On Heg Defendants' Motion For Judgment On The Pleadings, Melvin K. Westmoreland
Dong Feng Fang Et Al. Order On Heg Defendants' Motion For Judgment On The Pleadings, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
The Puzzle Of Pdvsa Bond Prices, Anna Gelpern, Paolo Colla, Mitu Gulati
The Puzzle Of Pdvsa Bond Prices, Anna Gelpern, Paolo Colla, Mitu Gulati
Georgetown Law Faculty Publications and Other Works
Market reports in the summer of 2016 suggest that Venezuela is on the brink of default on upwards of $65 billion in debt. That debt comprises of bonds issued directly by the sovereign and those issued by the state-owned oil company PDVSA. Based on the bond contracts and other legal factors, it is not clear which of these two categories of bonds would fare better in the event of a restructuring. However, market observers are convinced — and we agree — that legal and contractual differences would likely impact the payouts on the bonds if Venezuela defaults. Using a comparison …
Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge
Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge
Faculty Scholarship
As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems, exemplified by Articles 3 and 4 of the Uniform Commercial …
Michael Miller, Order On Plaintiff's Motion For Summary Judgment, Elizabeth E. Long
Michael Miller, Order On Plaintiff's Motion For Summary Judgment, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Michael Miller, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long
Michael Miller, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.