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Full-Text Articles in Law
Force Majeure Clauses At The Age Of Covid-19: How Should Courts Interpret Them And Why A Conservative Application Is Necessary, Dorothy Swagler
Force Majeure Clauses At The Age Of Covid-19: How Should Courts Interpret Them And Why A Conservative Application Is Necessary, Dorothy Swagler
Global Business Law Review
A force majeure clause aims to define the scope of unforeseeable events that may excuse or delay a party’s performance. In the wake of the Coronavirus (COVID) pandemic, many parties to disputes attempted to turn to force majeure clauses written in boilerplate language. COVID is distinguishable, however, from other historical force majeure events because of its rapid global development and international economic impact brought upon by government restriction and access issues. In effect, these boilerplate clauses coupled with this novel pandemic, left parties in dispute ill-equipped to know whether their force majeure clause was enforceable. This resulted in a flood …
Equal Access To Donate: Plasma Donation Centers And The Ada, Lucy Richman
Equal Access To Donate: Plasma Donation Centers And The Ada, Lucy Richman
Cleveland State Law Review
The Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in employment, public services, and private entities operating public accommodations. Despite clear moral and social incentives for becoming disability-friendly outside of the legal mandate, many private entities have asserted that the ADA does not apply to them. In multiple cases, plasma donation centers, one particular type of entity, have strongly disputed whether they are subject to the ADA as public accommodations. The crux of these cases has hinged on whether plasma donation centers are “service establishments” under Title III of the ADA, and three such cases have reached the …
Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman
Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman
Cleveland State Law Review
In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their …