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Full-Text Articles in Law

Why Flexibility Matters: Inequality And Contract Pluralism, Jeremiah A. Ho Jan 2017

Why Flexibility Matters: Inequality And Contract Pluralism, Jeremiah A. Ho

All Faculty Scholarship

In the decade since the Great Recession, various contract scholars have observed that one reason the financial crisis was so “great” was due in part to contract law—or, more precisely, the failures of contract law for not curbing the risky lending practices in the American housing market. However, there is another reason why contracts made that recession so great: contracts furthered inequality. In recent years, when economic inequality has become a dominant national conversation topic, we can see development of that inequality in the Great Recession. And indeed, contract law was complicit. While contractual flexibility and innovation were available to …


Public Policy Considerations Concerning Forum Selection Clauses In Insurance Contracts, Chad G. Marzen Jan 2016

Public Policy Considerations Concerning Forum Selection Clauses In Insurance Contracts, Chad G. Marzen

Saint Louis University Law Journal

No abstract provided.


Review Essay, Learning Contracts Through Current Events: Lawrence Cunningham's Contracts In The Real World, Stories Of Popular Contracts And Why They Matter, Miriam A. Cherry Jan 2013

Review Essay, Learning Contracts Through Current Events: Lawrence Cunningham's Contracts In The Real World, Stories Of Popular Contracts And Why They Matter, Miriam A. Cherry

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This is a review essay of Professor Lawrence Professor Cunningham’s book Contracts in the Real World: Stories of Popular Contracts and Why They Matter (Cambridge 2012). As implied by the title, the book discusses contract law through the lens of well-known cases and celebrities. Along the way, readers will meet intellectuals such as poet Maya Angelou and the late Dr. Martin Luther King, Jr., as well as celebrities known for controversy, like Paris Hilton, Donald Trump, and Charlie Sheen. Professor Cunningham also deftly analyzes some of the notable contract law issues arising from the global financial crisis and the Bernie …


The Dispute On The Horizon: Contracting For Effective Dispute Resolution In International Business Transactions A U.S. Perspective, William P. Johnson Jan 2011

The Dispute On The Horizon: Contracting For Effective Dispute Resolution In International Business Transactions A U.S. Perspective, William P. Johnson

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This Article offers a view, from a U.S. perspective but for a non-U.S. readership, on the significant aspects of planning for dispute resolution in the context of cross-border business transactions involving U.S. and non-U.S. parties. Specifically, this Article identifies the issues that parties who are located in Brazil or in other jurisdictions throughout the Americas should consider at the time of drafting, negotiating, and finalizing business contracts with U.S. counterparties, as well as business contracts that are entered into in connection with other cross-border arrangements that could involve U.S. law even when there is no U.S. counterparty, to prepare for …


Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Miriam A. Cherry, Jarrod Wong Jan 2009

Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Miriam A. Cherry, Jarrod Wong

All Faculty Scholarship

In the spring of 2009, public outcry erupted over the multi-million dollar bonuses paid to AIG executives even as the company was receiving TARP funds. Various measures were proposed in response, including a 90% retroactive tax on the bonuses, which the media described as a "clawback." Separately, the term "clawback" was also used to refer to remedies potentially available to investors defrauded in the multi-billion dollar Ponzi scheme run by Bernard Madoff. While the media and legal commentators have used the term "clawback" reflexively, the concept has yet to be fully analyzed. In this article, we propose a doctrine of …


Introducing Negotiation And Drafting Into The Contracts Classroom, Carol Chomsky, Maury Landsman Nov 2000

Introducing Negotiation And Drafting Into The Contracts Classroom, Carol Chomsky, Maury Landsman

Saint Louis University Law Journal

No abstract provided.


Drafting In The Contracts Class, Scott J. Burnham Nov 2000

Drafting In The Contracts Class, Scott J. Burnham

Saint Louis University Law Journal

No abstract provided.


Use Of The Contracts Courses As A Vehicle For Teaching Problem Solving, Vincent C. Immel Nov 2000

Use Of The Contracts Courses As A Vehicle For Teaching Problem Solving, Vincent C. Immel

Saint Louis University Law Journal

No abstract provided.


Teaching Law Through Contracts And Cardozo, Christopher L. Eisgruber Nov 2000

Teaching Law Through Contracts And Cardozo, Christopher L. Eisgruber

Saint Louis University Law Journal

No abstract provided.


Standard Form Contracts: A Call For Reality, Donald B. King Jul 2000

Standard Form Contracts: A Call For Reality, Donald B. King

Saint Louis University Law Journal

No abstract provided.