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Articles 1 - 12 of 12
Full-Text Articles in Law
The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy
The Sharing Economy & The Platform Operator‐User‐Provider “Pup Model”: Analytical Legal Frameworks, Juan Jose Diaz-Granados, Benedict Sheehy
Fordham Intellectual Property, Media and Entertainment Law Journal
The Sharing Economy and related platform technologies have disrupted work, consumption, and business in ways unimaginable even a decade ago. Creating great wealth and opportunity for some, the Sharing Economy has equally undermined job security and safety for many others. One challenge for regulators, legal advisors, and scholars is developing a rigorous analytical model for these related phenomena. We present the first comprehensive legal framework for distinguishing and analyzing the various components of the Sharing Economy and their interrelationships. Our analysis is based on contract law and property law, providing a delimitation within the Sharing Economy and platform technologies based …
Would Reasonable People Endorse A ‘Content-Neutral’ Law Of Contract?, Aditi Bagchi
Would Reasonable People Endorse A ‘Content-Neutral’ Law Of Contract?, Aditi Bagchi
Faculty Scholarship
This essay raises two challenges to Peter Benson’s compelling new account of contract law. First, I argue that Benson’s use of the concept of reasonableness goes beyond the Rawlsian account to require that we impute to others a capacity to transcend their contingent circumstances in the context of contractual choice. In fact, our choices in contract are driven by external contingencies and it is only reasonable to take those constrains on other people’s choices into account. Second, I contest Benson’s related claim that contract law should be, and largely is, content-neutral. I argue to the contrary that the justice of …
Contract Creep, Tal Kastner, Ethan J. Leib
Contract Creep, Tal Kastner, Ethan J. Leib
Faculty Scholarship
Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …
Bondholders And Financially Stressed Municipalities, Clayton P. Gillette
Bondholders And Financially Stressed Municipalities, Clayton P. Gillette
Fordham Urban Law Journal
No abstract provided.
The Crumbled Difference Between Legal And Illegal Arbitration Awards: Hall Street Associates And The Waning Public Policy Exception, Jonathan A. Marcantel
The Crumbled Difference Between Legal And Illegal Arbitration Awards: Hall Street Associates And The Waning Public Policy Exception, Jonathan A. Marcantel
Fordham Journal of Corporate & Financial Law
No abstract provided.
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Fordham Law Review
No abstract provided.
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
The Compatibility Of The Unictral Model Law On International Credit Transfers With Article 4a Of The Ucc, Carl Felsenfeld
Fordham Law Review
In this Article, Professor Felsenfeld compares the provisions of Article 4A of the Uniform Commercial Code with the Model Law of the United Nations Commission on International Trade Law. Professor Felsenfeld argues that these laws are compatible by contrasting each section of both laws and resolving the differences between them. Professor Felsenfeld concludes that the Model Law is ready for acceptance and adoption in the United States.
Judicial Review In Section 301 Labor Arbitration Prospective Application Claims: The Effect Of Communications Workers, Seth Michael Popper
Judicial Review In Section 301 Labor Arbitration Prospective Application Claims: The Effect Of Communications Workers, Seth Michael Popper
Fordham Law Review
No abstract provided.
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Fordham Law Review
No abstract provided.
Contract Law And The Austrian School Of Economics, Christopher T. Wonnell
Contract Law And The Austrian School Of Economics, Christopher T. Wonnell
Fordham Law Review
No abstract provided.
Letters Of Credit: The Role Of Issuer Discretion In Determining Documentary Compliance, Arthur Jr. Fama
Letters Of Credit: The Role Of Issuer Discretion In Determining Documentary Compliance, Arthur Jr. Fama
Fordham Law Review
No abstract provided.
The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis
The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis
Fordham Law Review
No abstract provided.