Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Contracts (4)
- Law and Society (4)
- Comparative and Foreign Law (3)
- Law and Politics (2)
- Admiralty (1)
-
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
- Civil Law (1)
- Commercial Law (1)
- Courts (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- International Law (1)
- International Trade Law (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Law and Race (1)
- Science and Technology Law (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Contracting For Social Change, Adam N. Eckart
Contracting For Social Change, Adam N. Eckart
University of Miami Business Law Review
Throughout history, social change has often been shaped by high profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling techniques, and can use such drafting techniques in order to 1) write better and more complete agreements that are more consistent with business-led social activism already taking place, and 2) influence society by forcing counterparties to evolve on social issues, change industry practice, or foster …
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
University of Miami Inter-American Law Review
This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.
The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page
The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page
University of Miami Law Review
The United States Department of Justice (“DOJ”) and three overlapping groups of states have filed federal antitrust cases alleging Google has monopolized internet search, search advertising, internet advertising technologies, and app distribution on Android phones. In this Article, we focus on the DOJ’s claims that Google has used contracts with tech firms that distribute Google’s search services in order to exclude rival search providers and thus to monopolize the markets for search and search advertising—the two sides of Google’s search platform. The primary mechanisms of exclusion, according to the DOJ, are the many contracts Google has used to secure its …
Hard Truths: Cracking Open The Case Of Whether Hard Seltzer Is Beer, Scott Fraser
Hard Truths: Cracking Open The Case Of Whether Hard Seltzer Is Beer, Scott Fraser
University of Miami Law Review
Following the line of cases asking questions such as what is a chicken, and is a burrito a sandwich, comes the next deep legal issue, what is beer? How do we determine this seemingly simple question? Do we simply know it when we see (or taste) it? Does it require a mix of specific ingredients or certain processes? Or, if we should rely on definitions, do we look to the dictionary, history, or statutes? In a dispute in the United States District Court for the Southern District of New York, the court is asked to resolve this question. Courts have …
Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback
Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback
University of Miami Law Review
Florida Statutes section 381.00316 prohibits businesses in Florida from requiring consumers to provide documentary proof of COVID-19 vaccination to access businesses’ goods and services. Norwegian Cruise Line Holdings (“NCLH”) has recently challenged section 381.00316’s applicability to its cruise operations because NCLH believes that requiring its passengers to provide documentary proof of COVID-19 vaccination is the one constant that allows NCLH’s cruise ships to smoothly access foreign ports, which have differing COVID-19 protocols and rules. In Norwegian Cruise Line Holdings, Ltd. v. Rivkees, the United States District Court for the Southern District of Florida ruled in favor of NCLH on this …
Cruise Contracts, Public Policy, And Foreign Forum Selection Clauses, John F. Coyle
Cruise Contracts, Public Policy, And Foreign Forum Selection Clauses, John F. Coyle
University of Miami Law Review
A cruise ship contract is the prototypical contract of adhesion. The passenger is presented with the contract on a take-it-or-leave-it basis. If she refuses to sign, the ship sails without her. To ensure that cruise companies do not draft one-sided contracts that are unfair to passengers, Congress has enacted a number of statutes that regulate these agreements. One such statute is 46 U.S.C. § 30509. This law stipulates that any contract provision that limits the liability of the cruise company for personal injury or death is void as against public policy if the ship stops at a U.S. port.
In …
Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo
Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo
University of Miami Inter-American Law Review
The civil law system shows its true face as it travels from the Continental European core to the Latin American periphery. Many of the principal institutions have found a home and thrived in the new and radically different environment. One can best study them there by contemplating how they have preserved some of their most basic features despite having transformed themselves into something else.
The notion of the civil law tradition and that of codification have themselves undergone this dialectic of transformation and preservation. So have the traditional approach to contractual interpretation and to third-party agreements and the common proscriptions …
The Advance Directive Statute Revisited, Samuel W. Wardle
The Advance Directive Statute Revisited, Samuel W. Wardle
University of Miami Law Review
No abstract provided.
Bowers V. Baystate Technologies: Using The Shrinkwrap License To Circumvent The Copyright Act And Escape Federal Preemption, Merritt A. Gardiner
Bowers V. Baystate Technologies: Using The Shrinkwrap License To Circumvent The Copyright Act And Escape Federal Preemption, Merritt A. Gardiner
University of Miami Business Law Review
No abstract provided.
Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku
Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku
University of Miami International and Comparative Law Review
No abstract provided.
Relationalism & Consent: Revising U.C.C. § 2-207, Lawrence Kalevitch
Relationalism & Consent: Revising U.C.C. § 2-207, Lawrence Kalevitch
University of Miami Business Law Review
No abstract provided.
Illusory Profits: Net Profit Agreements In Light Of Buchwald V. Paramount, Adam Seth Bialow
Illusory Profits: Net Profit Agreements In Light Of Buchwald V. Paramount, Adam Seth Bialow
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin
The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin
University of Miami Law Review
No abstract provided.
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Articles
Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
Articles
No abstract provided.