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Full-Text Articles in Law

Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson Jul 2021

Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson

Indiana Law Journal

Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.

This Article aims to fill that gap. …


Arbitration And The Federal Balance, Alyssa King Oct 2019

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …


Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche Oct 2019

Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche

Indiana Law Journal

Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public’s trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any legal system to make the pre-commitments necessary to completely isolate the governance of its money supply from political pressure. This proposition is true not only today, where nearly all government institutions manage their money supply in the form of central banking, but also true of past private banking regimes circulating their …


College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?􀀃, Randall Thomas, Lawrence Van Horn Jan 2016

College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?􀀃, Randall Thomas, Lawrence Van Horn

Indiana Law Journal

College football coaches’ employment contracts and compensation garner public attention and scrutiny in much the same way as those of corporate CEOs. In both cases, the public perception is that they must be overpaid and pampered. Economic theory claims that for coaches and CEOs to be overpaid, they must be receiving compensation in excess of the value they create for their organizations. However, both receive pay-for-performance compensation, which structurally aligns their compensation with value creation. This means we need to examine the underlying structure of the contract that gives rise to the observed compensation to determine whether they are appropriately …


Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel Jul 2015

Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel

Indiana Law Journal

One of the most vital debates in franchise law focuses on whether state or federal law should adopt “good-cause statutes” (GCSs), which require franchisors to show good cause before terminating contractual relations with a franchisee. The traditional law-and-economics analysis suggests that GCSs are inefficient. This inefficiency argument is based upon one central hypothesis: GCSs increase franchisee free riding since they limit the franchisor’s ability to terminate the franchise contract easily. The free-riding hypothesis has been significantly influential in the development of franchise law, as is evident in state and federal statutory regimes. To date, the majority of states and the …


Contracts-Breach Distinguished From Rescission Nov 2001

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.


Contracts-Offer And Acceptance-Lapse Of Offer Jan 2000

Contracts-Offer And Acceptance-Lapse Of Offer

Indiana Law Journal

No abstract provided.


Inadequacy Of Factual Basis For Enforcing Charitable Subscription Apr 1949

Inadequacy Of Factual Basis For Enforcing Charitable Subscription

Indiana Law Journal

Contract Note


Contracts, Sales And Assignments Jul 1947

Contracts, Sales And Assignments

Indiana Law Journal

Indiana Legislation, 1947


Contracts, Sales, Insurance, Henry B. Witham Apr 1946

Contracts, Sales, Insurance, Henry B. Witham

Indiana Law Journal

No abstract provided.


Meaning Of "Profits" Oct 1945

Meaning Of "Profits"

Indiana Law Journal

Notes and Comments: Contracts


Agreements To Repurchase Apr 1943

Agreements To Repurchase

Indiana Law Journal

Notes and Comments: Contracts


Contracts By Outsiders To Influence Directors' Action Feb 1942

Contracts By Outsiders To Influence Directors' Action

Indiana Law Journal

Notes and Comments: Corporations


Liquor Control Laws As Sanctions Aug 1941

Liquor Control Laws As Sanctions

Indiana Law Journal

Notes and Comments: Contracts


Contingent Fees For Influencing Legislation Feb 1940

Contingent Fees For Influencing Legislation

Indiana Law Journal

Recent Case Notes: Contracts


Teachers' Tenure Feb 1940

Teachers' Tenure

Indiana Law Journal

Recent Case Notes: Contracts


Contracts-Discharge By Partial Payment Feb 1939

Contracts-Discharge By Partial Payment

Indiana Law Journal

No abstract provided.


Contracts-Insanity As Affecting Validity Of Agreements Apr 1938

Contracts-Insanity As Affecting Validity Of Agreements

Indiana Law Journal

No abstract provided.


Contracts-Implied Assumption Of Continued Existence Of Building Recovery For Part Performance Dec 1937

Contracts-Implied Assumption Of Continued Existence Of Building Recovery For Part Performance

Indiana Law Journal

No abstract provided.


Contracts-Discharge By Inconsistent Provisions Of Subsquent Contract Dec 1935

Contracts-Discharge By Inconsistent Provisions Of Subsquent Contract

Indiana Law Journal

No abstract provided.


Contracts-Liquidated Damages Feb 1935

Contracts-Liquidated Damages

Indiana Law Journal

No abstract provided.


Contracts-Arbitration-Sherman Act Nov 1934

Contracts-Arbitration-Sherman Act

Indiana Law Journal

No abstract provided.


Consideration In The Anglo-American Law Of Contracts, Hugh Evander Willis Nov 1932

Consideration In The Anglo-American Law Of Contracts, Hugh Evander Willis

Indiana Law Journal

This article is revised and reprinted from the Pennsylvania Law Review with the permission of the editors of that periodical.


Restatement Of The Law Of Contracts Of The American Law Institute, Hugh E. Willis Apr 1932

Restatement Of The Law Of Contracts Of The American Law Institute, Hugh E. Willis

Indiana Law Journal

No abstract provided.


Contracts-Statute Of Frauds-Guaranty Dec 1931

Contracts-Statute Of Frauds-Guaranty

Indiana Law Journal

No abstract provided.


Contracts-Consideration-Promissory Estoppel Jun 1931

Contracts-Consideration-Promissory Estoppel

Indiana Law Journal

No abstract provided.


Contracts-Recovery Under Void Agreement Dec 1930

Contracts-Recovery Under Void Agreement

Indiana Law Journal

No abstract provided.


Contracts--Effect Of Death Nov 1930

Contracts--Effect Of Death

Indiana Law Journal

No abstract provided.


Vendor And Purchaser Contracts-Conditions Jun 1930

Vendor And Purchaser Contracts-Conditions

Indiana Law Journal

No abstract provided.


Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs Mar 1930

Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs

Indiana Law Journal

No abstract provided.