Law Commons^™

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motions For Summary Judgment, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Defendants' Motion To Exclude Testimony, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Company.Com, Llc V. Priority Payment Systems, Llc, Order On Motion For Interlocutory Injunction And Motion To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Pelaksanaan Perjanjian Akibat Terjadinya Wanprestasi Karena Pandemi Covid-19: Studi Perbandingan Di Indonesia Dan Malaysia, Nadya Aurelia Salsabila

Lex Patrimonium

The Covid-19 pandemic has had a significant impact on various aspects of people’s lives, one of which is the existence of contracts whose implementation has been disrupted because there are some of parties who cannot fulfill their achievements or contractual obligations by postulating the Covid-19 pandemic as a category of force majeure. This research discusses the implementation of contracts due to defaults due to the Covid-19 pandemic in Indonesia and Malaysia. The method used is normative juridical by examining laws and regulations and court decisions in the two countries which are the focus of comparison in this research. The conclusion …

Penerapan Itikad Baik Dan Kebebasan Berkontrak Pada Jaminan Kebendaan Berdasarkan Perjanjian Fasilitas Pinjaman (Facility Agreement) Dalam Sengketa Kepailitan: Studi Kasus Putusan Pengadilan Niaga Nomor 3/Pdt.Sus-Lain Lain/2021/Pn Niaga Mdn Jo. Nomor 7/Pdt.Sus-Pkpu/2018/Pn Niaga Mdn, Tarissa Zahira Hidayansyah, Prof. Dr. Rosa Agustina, S.H.,M.H

Lex Patrimonium

The principle of good faith is a general principle of contract law used as a form of limitation of the parties in exercising freedom of contract. The principle of good faith is used to determine the parties' intentions in carrying out the agreement, which is assessed based on statutory regulations, decency, customs, good decency, and public order, as emphasized in articles 1337 and 1339 of the Civil Code. However, there is no clear definition of interpreting good faith in a particular legal action which brings a variety of perspectives and opinions in interpreting the good faith of a legal action. …

Urgensi Pengawasan Terhadap Penyedia Jasa Pengiriman Dalam Kegiatan E-Commerce: Studi Komparasi Indonesia Dengan Malaysia, Lydia Azzahro Silparensi, Abdul Salam

Lex Patrimonium

Delivery service providers are a role that is needed, especially with the increase in e-commerce activity. However, the implementation of courier services is still lacking in overcoming these problems. As an effort to increase supervision while adapting it to consumer needs, an analysis was carried out using a normative juridical method by comparing the two institutions between Indonesia and Malaysia. Institutions in Malaysia are different from Indonesia which are under the auspices of the Ministry of Communication and Informatics, that the Malaysian Institution known as the Malaysian Communications and Multimedia Commission is an institution whose role is to oversee communication …

Aspek Keperdataan Terhadap Arisan Online: Studi Kasus Putusan Nomor 1/Pdt.G.S/2021/Pn. Trt, Catherine Sukutania, Abdul Salam

Lex Patrimonium

The development of communication technology gave birth to various phenomena in society, one of which is the arisan online phenomenon. Previously, arisan was often found in the midst of Indonesian society and was carried out conventionally by holding meetings between its members. Currently, arisan can be found online through various social media with various types and methods of implementation. In arisan, there is an engagement relationship between members of the arisan and the chairman or owner of the arisan. In general, arisan is carried out only with an oral agreement between the members and the chairman. Online arisan activities are …

Economic Recession As The Basis For Termination Of Employment Due To Force Majeure In Indonesia, Khalillah Lenggogeni

Lex Patrimonium

The economy is the most influential aspect in society. The Economics situation is one of the considerations in fulfilling achievements in agreements. The purpose of this study is to examine the economic recession that can be used as a reason for termination of employment due to force majeure in Law No. 13 of 2003 concerning Manpower. This research is a normative juridical research. The state of the company's economy, which is often affected by the country's economic growth, is often one of the factors why companies have to terminate their employment. The termination of employment under the pretext of an …

Kepastian Hukum Perjanjian Perkawinan Yang Tidak Didaftarkan (Studi Kasus Putusan Pengadilan No.449/Pdt/2016/Pt.Bdg), Gita Ramadhanti, Nurul Elmiyah, Lauditta Humaira

Lex Patrimonium

A marital agreement is made to abolish the joint assets between husband and wife. The marital agreement was also made to protect personal assets and facilitate the management of matrimonial assets. The marital agreement must be stated in a notarial deed in written form attended by the parties and witnesses. After issuing the marital agreement deed, it must be registered by the marriage registrar at the Office of Religious Affairs or the Department of Population and Civil Registration to reach the perfect procedures. The registration of marital agreements is an implementation of a publicity principle in Article 29, paragraph (1) …

Legal Position Of Fiduciary Guarantee Certificate Based On Fiduciary Guarantee Deed Under Hand, Furqoniah Hayati, Akhmad Cahyono

Lex Patrimonium

The provisions of Article 5 paragraph (1) of Law Number 42 of 1999 concerning Fiduciary Guarantees stipulate that a fiduciary guarantee deed must be drawn up with a notarized deed and registered. The legal consequences for deeds that are not made with a notarized deed and registered cause there is no legal certainty and protection for the parties, both finance companies as creditors and consumers as debtors. The purpose of this study is to determine the validity of fiduciary guarantees under the private deed, how a fiduciary guarantee under a private deed can be registered, as well as the executorial …

Analisis Perjanjian Pemberian Kuasa Oleh Pemodal Kepada Penyelenggara Dengan Efek Bersifat Ekuitas Berupa Saham Pada Securities Crowdfunding, Indika Alawiyah Fratiwi, Togi Marolop Pangaribuan

Lex Patrimonium

Securities in SCF can be equity, debt, and/or sukuk which have different characteristics. Based on Article 19 paragraph (1) POJK 57/2020, the granting of power of attorney to debt securities and/or sukuk is mandatory, while based on Article 64 paragraph (3) POJK 57/2020, the granting of power of attorney to equity securities is not mandatory. This thesis uses normative juridical research methods, conducts interviews, and uses secondary data types. From the results of this research, it is found that the power of attorney covers all the needs of investors. The form of power of attorney that should be given is …

Pengesampingan Pasal 1266 Kuh Perdata Dalam Pengakhiran Perjanjian Karena Wanprestasi: Studi Putusan-Putusan Pengadilan, Amira Rahmadita, Akhmad Cahyono

Lex Patrimonium

Article 1266 of the Indonesian Civil Code stipulates that the event of default does not automatically terminate the contract, but termination of a contract shall be requested to the Judge. However, in practice, the parties usually set aside Article 1266 of the Indonesian Civil Code so one party entitles to terminate the contract unilaterally. The main issues discussed in this article are the opinion of legal experts about the waiver of Article 1266 of the Indonesian Civil Code and the implementation of the waiver clause of Article 1266 of the Indonesian Civil Code based on court decisions. This research is …

Tinjauan Yuridis Terhadap Pembatalan Sepihak Oleh Pembeli Dalam Perjanjian Jual Beli Melalui Marketplace Dengan Sistem Pembayaran Cash On Delivery, Zahra Adinda Atyarisma, Lauditta Humaira

Lex Patrimonium

The rapid development of technology often creates new problems. One of them is an event where the buyer refuses to pay for an order package made through a marketplace with a cash on delivery payment system where this event can make the seller suffer a loss. The research method used is normative juridical research by analyzing reading materials and laws and regulations related to the nature of analytical descriptive research. Data collection uses secondary data consisting of primary legal materials, namely legislation and secondary legal materials, namely books, journals, and articles related to primary legal materials. The results of the …

Tinjauan Yuridis Terhadap Praktik Konversi Bunga Menjadi Saham Pada Perusahaan X Di Indonesia, Nadya Amanda Putri, Dr. Akhmad Budi Cahyono

Lex Patrimonium

Since it was announced that Indonesia had experienced the Covid-19 pandemic, the structure of the national economy immediately dropped drastically. This condition occurs because business actors are unable to carry out their business activities under ideal conditions which reduce the income of business actors on a national scale. With the unstable income of each business actor, it is difficult for each of them to pay their debt obligations. These difficulites make companies choose other alternatives to pay their obligations by way of entering into a debt restructuring agreement. In a study conducted on PT X and PT Z, both of …

Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young

Dalhousie Law Journal

A reckoning is required on how Eurocentric laws and economic systems are biased toward Western worldviews while not accounting for Indigenous realities, legal orders, or economic perspectives. Most notably, Eurocentric laws have been instrumental in advancing non-Indigenous economic interests to the detriment of Indigenous interests, largely because Indigenous laws have not been respected. The strengthening of certain Eurocentric property and contract laws have limited Indigenous peoples’ legal and economic interests and continues to constrain positive economic outcomes and advancement for Indigenous nations. This article argues that re-centering Indigenous legal traditions is a means to advance Indigenous economic interests. The principle …

Standards And The Law, Cary Coglianese

All Faculty Scholarship

The world of standards and the world of laws are often seen as separate, but they are more closely intertwined than many professionals working with laws or standards realize. Although standards are typically considered to be voluntary and non-binding, they can intersect with and affect the law in numerous ways. They can serve as benchmarks for determine liability in tort or contract. They can facilitate domestic and international transactions. They can prompt negotiations over the licensing of patents. They can govern the development of forensic evidence admissible in criminal courts. And standards can even become binding law themselves when they …

Contracts For Cohabitating Romantic Partners, Bailey D. Barnes

Maine Law Review

Marriage rates in the United States are at record lows; meanwhile, more couples are choosing to live together outside of marriage. Despite the changing landscape of romantic relationships, the law of nonmarriage has not kept pace. Rather than having a coherent, majority rule approach, the individual states have employed differing methods of providing for property distribution at the end of a long-term unmarried cohabitation. Unfortunately, absent the formal protections offered by marriage for both parties following a divorce, many cohabitants are at risk of suffering inequitable property distribution following the termination of a cohabitation. This Article proposes that states uniformly …

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.

Brief Of Amicus Curiae Gregory Klass In Support Of Plaintiff-Appellee, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This scholar’s amicus brief in the Fifth Circuit argues that tort remedies play an important role in the contract ecosystem, including promoting efficiency in exchanges; that a party who has been defrauded in the formation of a contract is not bound by contractual limitations on tort liability; and that worries about the tortification of contract law are overblown and out of date.

Employer Tuition Assistance: Current Approaches And The Application Of The Implied Covenant Of Good Faith And Fair Dealing, Jordan T. Krieger

Northwestern University Law Review

American corporations are increasingly expanding tuition reimbursement programs, potentially improving access to higher education for American workers. Yet, despite their increasing availability, only 2% of employees, as a percentage of those interested in pursuing further education, are utilizing these reimbursement programs. For those employees who do make use of these reimbursement programs, they may face unexpected challenges to accessing judicial remedies if a dispute arises.

This Note takes an interdisciplinary approach to first explore employee risks and employer incentives under tuition reimbursement programs. On the employee side, a worker risks premature termination by expressing an interest in tuition reimbursement because …

Perpetuities In An Unequal Age, Jack H.L. Whiteley

Northwestern University Law Review

For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.

This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …

Alder Opportunity Lp, Et. Al. V. Cgc Capital Partners, Llc, Et. Al., Order On Pending Motions, Wesley B. Tailor

Georgia Business Court Opinions

No abstract provided.

North Atlanta Vascular Clinic V. Dr. Thomas Matthews, M.D., Order On Cross-Motions For Summary Judgment, Eric A. Richardson

Georgia Business Court Opinions

No abstract provided.

The Marathon Continues: Texas Nil Has Room To Grow, Johnathon Blaine

Texas A&M Journal of Property Law

College athletes are now permitted to profit off their name, image, and likeness. However, while a hodgepodge of different regulations exists state-by-state and Congress continues to drag its feet to pass a federal framework, Texas restricts college athletes from maximizing their name, image, and likeness earning potential. This Comment proposes improvements to Senate Bill 1385 that would allow college athletes in Texas to partner with the same categories of “taboo” products as their respective university and to endorse products from competing brands, provided such endorsement is outside of a university-sponsored event, with an exception allowing unrestricted endorsement of footwear. This …

The Power Of State Legislatures To Invalidate Private Deed Restrictions: Is It An Unconstitutional Taking?, Ken Stahl

Pepperdine Law Review

Over the past several years, state legislatures confronting a severe housing shortage have increasingly preempted local land use regulations that restrict housing supply in an effort to facilitate more housing production. But even where state legislatures have been successful, they now confront another problem: many of the preempted land use regulations are duplicated at the neighborhood or block level through private “covenants, conditions and restrictions” (CCRs) enforced by homeowners associations (HOAs). In response, California’s legislature has begun aggressively invalidating or “overriding” these CCRs. While many states have barred HOAs from prohibiting pets, clotheslines, signs, and flags, California has moved much …

Adapting Private Law For Climate Change Adaptation, Jim Rossi, J. B. Ruhl

Vanderbilt Law Review

The private law of torts, property, and contracts will and should play an important role in resolving disputes regarding how private individuals and entities respond to and manage the harms of climate change that cannot be avoided through mitigation (known in climate change policy dialogue as “adaptation”). While adaptation is commonly presented as a problem needing legislative solutions, this Article presents a novel and overdue case for private law to take climate adaptation seriously.

To date, the role of private law is a significant blind spot in scholarly discussions of climate adaptation. Litigation invoking common-law doctrines in climate adaption disputes …

The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy

Buffalo Law Review

No abstract provided.

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

Independent Contractors & Noncompetition Covenants: A Modified Approach, Matthew J. Sandor

Fordham Law Review

This Note examines the way in which noncompetition covenants should be applied to independent contractors. An increasing portion of the American labor force is now employed outside the traditional employer-employee context. Today, nearly sixty million American workers are categorized as independent contractors, with many subject to noncompetition covenants that restrict their ability to participate in the labor market freely. In response to this dramatic change, state courts and legislatures have used a variety of approaches in enforcing noncompetes in the independent contractor context. These approaches run the gamut, with some states liberally construing noncompetes against independent contractors while others have …

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

An update on American Indian case law from September 2021-October 2022.