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Full-Text Articles in Law
Pengakhiran Kontrak Sebelum Terjadi Wanprestasi Oleh Pihak Yang Mengantisipasi Kegagalan Pelaksanaan Kewajiban, M. Hillman Mehaga S
Pengakhiran Kontrak Sebelum Terjadi Wanprestasi Oleh Pihak Yang Mengantisipasi Kegagalan Pelaksanaan Kewajiban, M. Hillman Mehaga S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Termination of an agreement/contract in a situation where a party has known that he/she/it will not be able to perform its obligation(s) based on the agreement/contract to avoid the occurrence of the larger losses if the agreement/contract is still ongoing. Under Indonesian civil law, a defaulting party or a party who has anticipated that he/she/it will fail to meet obligation(s) does not have the right to file a claim to terminate an agreement/contract. This means that, this party can only be passive until the default actually happens and wait until the non-defaulting party to file the claim with the claim …
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Marquette Law Review
The July 2017 arrival of Taiwanese tech-giant Foxconn and the
establishment of the Wisconn Valley Science and Technology Park in Wisconsin
reflects a larger trend in the United States to reinvent the nation’s
manufacturing economy with high-tech production. High-tech employers have
substantial interests in retaining employees in order to protect their valuable
proprietary information and market share. Non-compete agreements, also
known as restrictive covenants or covenants not to compete, are often the legal
device used to secure these interests. This Comment argues that to attract and
retain employers in the tech industry, Wisconsin should reform its non-compete
law by adopting …
Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill
Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill
University of Richmond Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
Pepperdine Law Review
California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.
Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford
Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford
Pepperdine Dispute Resolution Law Journal
In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …
Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood
Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood
St. Mary's Law Journal
Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …
Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White
Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White
University of Arkansas at Little Rock Law Review
No abstract provided.
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price
Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price
St. Mary's Law Journal
In 1989, the Texas legislature modified the Texas Family Code by relaxing the criteria necessary to allow awards of support to adult disabled children. Texas has historically recognized, through both state and case law, that parents have both a moral and legal obligation to support minor unemancipated children, but only until the age of majority. An exception to the limitation of parental support only until the age of majority is the “disability exception.” Many jurisdictions recognize that when a minor child suffers from a disability and is incapable or unable to take care of themselves, parental support may extend past …
The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina
The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina
Touro Law Review
No abstract provided.
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Seattle University Law Review
The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
St. Mary's Law Journal
Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Michigan Law Review
A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …