Law Commons^™

A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling

Faculty Scholarship

The purpose of this article is to help health care providers and insurers create such an approach by explaining the benefits and risks of voluntarily reassigning liability for medical injury along an enterprise liability model, and by outlining the legal and contractual elements that are required to do so successfully.

Choice Of Law: A Guide For Texas Attorneys, James P. George

Faculty Scholarship

This Article is a follow-up to an earlier article, Choice of Law Outline for Texas Courts, 18 Tex. Tech L.Rev. 785 (1987), which attempted to illustrate the proper Texas choice of law analysis under the then-recently-adopted “most significant relationship test.” The prior Article was intended for Texas judges, and considered only what ought to occur in a Texas state or federal court. This successor Article is for Texas practitioners, but goes beyond the Texas courtroom. It focuses on the choice of law process in Texas state and federal courts, but is broad enough to acquaint the reader with choice of …

Exploding Myths: An Empirical And Economic Reassessment Of The Rise Of Employment At-Will, Andrew P. Morriss

Faculty Scholarship

Like many other types of contracts, employment contracts are frequently incomplete, with important terms missing or unclear. Courts have created a variety of rules to assist in filling these gaps. One of these rules, the employment at-will rule, specifies a default rule which governs in cases where the parties to an employment contract fail to explicitly state the contract's duration. The at-will rule is straightforward, providing that where the term of the contract is indefinite, both the employer and employee are free to terminate the contract without liability at any time. An employee with an at-will contract who is fired …

Abolition Of China's Unequal Treaties And The Search For Regional Stability In Asia, 1919-1943, Charlotte Ku

Faculty Scholarship

Article Extract:

On July 1, 1997, China will resume control over Hong Kong - territory ceded to Britain in 1842 following China's defeat in the Opium War. The settlement of the Hong Kong question and the scheduled 1999 reversion of Macao from Portugal to China will effectively remove the last traces of the restrictions and encroachments placed on China by treaty for 150 years following the 1842 Treaty of Nanking.

The "unequal" treaty system began with the trading and residential privileges provided by the Treaty of Nanking. Britain was the premier trading power in China in the nineteenth century, and …