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Full-Text Articles in Law

Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach Apr 2011

Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand Apr 2011

Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand

Michael A Helfand

No abstract provided.


The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson Feb 2011

The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …


Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand Jan 2011

Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand

Michael A Helfand

No abstract provided.


Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand Jan 2011

Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand

Michael A Helfand

No abstract provided.


Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten Dec 2010

Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten

Ulf Maunsbach

No abstract provided.


Universal Arbitration Between Freedom And Constraint: The Challenges Of Assessment And Control Of Jurisdiction In Multiparty Multi-Contract Arbitration In Arbitration, Karim Youssef Dec 2010

Universal Arbitration Between Freedom And Constraint: The Challenges Of Assessment And Control Of Jurisdiction In Multiparty Multi-Contract Arbitration In Arbitration, Karim Youssef

Dr. Karim Y Youssef

No abstract provided.


Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach Dec 2010

Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox Dec 2010

Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox

Kenneth H Fox

Mediation is commonly characterized as one of several core ADR processes. The vast majority of the mediation literature focuses on dispute settlement and resolution. However, relatively little attention is paid to the transactional potential of business mediation - ways in which this ADR process can assist the parties to build better deals. This article describes mediation as a deal-facilitation process.


The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes Dec 2010

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes

Henry S. Noyes

With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …