Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Hezi Margalit
Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French
Journal Articles
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French
Christopher C. French
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …
More Views From The Ivory Tower: The Kiss Principle - Keep It Simple, Solicitor, David Spratt
More Views From The Ivory Tower: The Kiss Principle - Keep It Simple, Solicitor, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
Professor Weinrib's Coherence, Alan Brudner
Liquidated Damages As Prima Facie Evidence, James Patrick Fenton
Liquidated Damages As Prima Facie Evidence, James Patrick Fenton
Indiana Law Journal
No abstract provided.
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
West Virginia Law Review
How does the parol evidence rule apply to a written contract which on its face appears to have only two parties, but in which one of the parties wants to introduce extrinsic evidence that one of the signatories is an agent for another person? Part one of this note will discuss present case law and part two will show how that law compares with modem theories of the parol evidence rule.
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo
Indiana Law Journal
No abstract provided.
Contracts -- 1964 Tennessee Survey, Paul I. Hartman
Contracts -- 1964 Tennessee Survey, Paul I. Hartman
Vanderbilt Law Review
I. Promissory Estoppel--Application by Federal Court
II. Third Party Beneficiary--Enforcement of Labor and Material Bond
III. Statute of Frauds--Statute as Defense to Third Party
IV. Parol Evidence Rule--Application to Extrensic Subsequent Agreement
V. Illegal Bargains--Agreement Not to Compete
VI. Death of Party to Personal Service Contract as Terminating the Contract
Contracts -- 1961 Tennessee Survey, Paul J. Hartman
Contracts -- 1961 Tennessee Survey, Paul J. Hartman
Vanderbilt Law Review
I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date
II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved
III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration
IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct
V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases:
CONTRACTS--CONFLICT OF INTERESTS--GOVERNMENT EXPERT'S PRINCIPAL EMPLOYMENT INSUFFICIENT TO VOID CONTRACT ON GROUNDS OF PUBLIC POLICY
=================================
CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN
=================================
DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR
=================================
EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT
=================================
FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE
=================================
LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT
=================================
PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Contracts--Ceiling Price Legislation--Effect upon Performance
============================
Evidence--Declarations against Interest--Third-Party Confessions
============================
Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant
============================
Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"
============================
Income Taxation--Surrender of Lease--Capital Gain to Lessee
============================
Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment
============================
Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree
============================
Labor Law--Filing Requirements--Noncompliance at Time Charges Filed
============================
Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit
============================
Process--Constructive Service--Tort Action Arising Without State
============================
Torts--Res Ipsa Loquitur--Application To Disappearing Airplane
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
CONTRACTS--CONSIDERATION--AGREEMENT TO SUPPORT ILLEGITIMATE CHILD
===============================
CONTRIBUTION--JOINT TORTFEASORS--REMEDY GRANTED
===============================
CONTRIBUTION--JOINT TORTFEASORS--REMEDY GRANTED WHEN TORT CONSISTS OF NEGLIGENCE
===============================
CREDITORS' RIGHTS--RECEIVERSHIP OF OPERATING BUSINESS--CHATTEL, MORTGAGEE ENTITLED TO FORECLOSURE RATHER THAN SMALLER MONTHLY PAYMENTS ORDERED BY COURT
===============================
EVIDENCE--DEAD MAN STATUTE--OBSERVATION OF PHYSICAL CONDITIONS NOT A "TRANSACTION" WITHIN MEANING OF STATUTE
===============================
EVIDENCE--JUDICIAL NOTICE--TENETS OF COMMUNIST PARTY
===============================
FEDERAL COURTS--HABEAS CORPUS IN EXTRADITION PROCEEDINGS--NECESSITY OF EXHAUSTING REMEDIES IN STATE COURTS
===============================
IMPLIED WARRANTY--WARRANTY OF SEAWORTHINESS--WARRANTY WITHOUT A SALE
===============================
NEGLIGENCE OF LANDOWNER--PERSON TAKING SHORTCUT THROUGH STORE--LICENSEE OR BUSINESS GUEST?
===============================
RES JUDICATA--INDEMNITOR-INDEMNITEE RELATIONSHIP AS EXCEPTION TO REQUREMENT OF MUTUALITY--CREATION …
Tennessee Judicial Highlights, Journal Staff
Tennessee Judicial Highlights, Journal Staff
Vanderbilt Law Review
CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED
Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?
Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.
Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.
Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.
Elliott v. Fuqua, …
Evidence--Contracts--Custom And Usages--Contradiction Of Statutory Definition By Trade Usage Or Special Contract, W. P. L.
West Virginia Law Review
No abstract provided.