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Full-Text Articles in Law

Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson Jul 2021

Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson

Indiana Law Journal

Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.

This Article aims to fill that gap. …


Arbitration And The Federal Balance, Alyssa King Oct 2019

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …


Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche Oct 2019

Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche

Indiana Law Journal

Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public’s trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any legal system to make the pre-commitments necessary to completely isolate the governance of its money supply from political pressure. This proposition is true not only today, where nearly all government institutions manage their money supply in the form of central banking, but also true of past private banking regimes circulating their …


Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill Jul 2019

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …


College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?􀀃, Randall Thomas, Lawrence Van Horn Jan 2016

College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?􀀃, Randall Thomas, Lawrence Van Horn

Indiana Law Journal

College football coaches’ employment contracts and compensation garner public attention and scrutiny in much the same way as those of corporate CEOs. In both cases, the public perception is that they must be overpaid and pampered. Economic theory claims that for coaches and CEOs to be overpaid, they must be receiving compensation in excess of the value they create for their organizations. However, both receive pay-for-performance compensation, which structurally aligns their compensation with value creation. This means we need to examine the underlying structure of the contract that gives rise to the observed compensation to determine whether they are appropriately …


Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel Jul 2015

Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel

Indiana Law Journal

One of the most vital debates in franchise law focuses on whether state or federal law should adopt “good-cause statutes” (GCSs), which require franchisors to show good cause before terminating contractual relations with a franchisee. The traditional law-and-economics analysis suggests that GCSs are inefficient. This inefficiency argument is based upon one central hypothesis: GCSs increase franchisee free riding since they limit the franchisor’s ability to terminate the franchise contract easily. The free-riding hypothesis has been significantly influential in the development of franchise law, as is evident in state and federal statutory regimes. To date, the majority of states and the …


Civil Recourse Theory's Reductionism, Guido Calabresi Apr 2013

Civil Recourse Theory's Reductionism, Guido Calabresi

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson Oct 2012

Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson

Indiana Law Journal

Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations—a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship …


Proposals To Reinstate The Voluntary Recognition Bar And Rein In Captive Audience Speeches: A Rationale For Change At The National Labor Relations Board, Nora L. Macey Jan 2012

Proposals To Reinstate The Voluntary Recognition Bar And Rein In Captive Audience Speeches: A Rationale For Change At The National Labor Relations Board, Nora L. Macey

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman Oct 2002

A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman

Indiana Law Journal

No abstract provided.


Contracts-Breach Distinguished From Rescission Nov 2001

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.


Contracts-Offer And Acceptance-Lapse Of Offer Jan 2000

Contracts-Offer And Acceptance-Lapse Of Offer

Indiana Law Journal

No abstract provided.


Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet Apr 1980

Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet

Indiana Law Journal

No abstract provided.


Liquidated Damages As Prima Facie Evidence, James Patrick Fenton Oct 1975

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.


Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum Jan 1975

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.


Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz Apr 1974

Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz

Indiana Law Journal

No abstract provided.


A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo Apr 1967

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo

Indiana Law Journal

No abstract provided.


Inadequacy Of Factual Basis For Enforcing Charitable Subscription Apr 1949

Inadequacy Of Factual Basis For Enforcing Charitable Subscription

Indiana Law Journal

Contract Note


Contracts, Sales And Assignments Jul 1947

Contracts, Sales And Assignments

Indiana Law Journal

Indiana Legislation, 1947


Contracts, Sales, Insurance, Henry B. Witham Apr 1946

Contracts, Sales, Insurance, Henry B. Witham

Indiana Law Journal

No abstract provided.


Meaning Of "Profits" Oct 1945

Meaning Of "Profits"

Indiana Law Journal

Notes and Comments: Contracts


Agreements To Repurchase Apr 1943

Agreements To Repurchase

Indiana Law Journal

Notes and Comments: Contracts


Contracts By Outsiders To Influence Directors' Action Feb 1942

Contracts By Outsiders To Influence Directors' Action

Indiana Law Journal

Notes and Comments: Corporations


Liquor Control Laws As Sanctions Aug 1941

Liquor Control Laws As Sanctions

Indiana Law Journal

Notes and Comments: Contracts


Promissory And Non-Promissory Conditions, Hugh Evander Willis Apr 1941

Promissory And Non-Promissory Conditions, Hugh Evander Willis

Indiana Law Journal

No abstract provided.


Contingent Fees For Influencing Legislation Feb 1940

Contingent Fees For Influencing Legislation

Indiana Law Journal

Recent Case Notes: Contracts


Teachers' Tenure Feb 1940

Teachers' Tenure

Indiana Law Journal

Recent Case Notes: Contracts


Construction Of Written Instruments, Richard R. Powell Feb 1939

Construction Of Written Instruments, Richard R. Powell

Indiana Law Journal

This article is part of a series of lectures delivered before the Law Institute of the Indianapolis Bar Association in December 1938. A further installment will appear in the April issue of the Journal.


Contracts-Discharge By Partial Payment Feb 1939

Contracts-Discharge By Partial Payment

Indiana Law Journal

No abstract provided.


Contracts-Insanity As Affecting Validity Of Agreements Apr 1938

Contracts-Insanity As Affecting Validity Of Agreements

Indiana Law Journal

No abstract provided.