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Full-Text Articles in Law

Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller Jan 2023

Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller

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Employers are increasingly adding clauses to contracts with employees that purport to shorten the statutes of limitation for employees to pursue claims against their employers (“SOL Clauses”). SOL Clauses are being imposed on employees in various stages of the contracting process. They have turned up in job applications, offer letters, arbitration clauses, employment agreements and employee handbooks. Where they have been enforced by the courts, the justification has been a prioritization of “freedom of contract” over any other policy concerns. This Article argues that, in the employment context, “freedom of contract” should not be prioritized over other competing concerns, which …


Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank Apr 2021

Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank

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No abstract provided.


Contract Creep, Tal Kastner, Ethan J. Leib Jan 2019

Contract Creep, Tal Kastner, Ethan J. Leib

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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: …


Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households, Joan Macleod Heminway Jul 2017

Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households, Joan Macleod Heminway

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Family violence is a continuing social problem that breeds new complexity at every turn. Just as we seem to get a modicum of control over the sheltering of at-risk mothers and children (among other human victims), we find that family pets—dependent creatures endangered by the same violent behavior that threatens their human caretakers—often are left unprotected or under-protected by both law and society. In most cases, pets are unable to be sheltered with human victims of domestic violence due to shelter restrictions. Restrictions on the sheltering of abuse victims with their pets result in difficult choices for human victims who …


Across The Curriculum: Integrating Transactional Skills Instruction, Jean M. Whitney, Lori D. Johnson, Richard A. Rawson Jan 2013

Across The Curriculum: Integrating Transactional Skills Instruction, Jean M. Whitney, Lori D. Johnson, Richard A. Rawson

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No abstract provided.


Mandating Precontractual Disclosure, Eric H. Franklin Jan 2013

Mandating Precontractual Disclosure, Eric H. Franklin

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Parties negotiating an arm's-length contract are generally not required to disclose facts to one another. Although this default rule is supported by both centuries of common law and freedom of contract principles, courts and legislatures treat certain transactions differently. This is particularly true in circumstances in which the default rule results in an unacceptable harm suffered by a broad group of persons. In such cases, lawmakers have acted to impose precontractual disclosure obligations. These decisions and statutes are largely reactive: A harm is identified in a certain transaction's precontractual period and disclosure is mandated to rectify the harm. These reactive …


Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller Apr 2011

Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller

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A June 2010 report estimates that roughly 20% of mortgage defaults in the first half of 2009 were “strategic.” “Strategic default” describes the situation where a home borrower has the financial ability to continue to pay her mortgage but chooses not to pay and walks away. The ubiquity of strategic default has lead to innumerable newspaper articles, blog posts, website comments and editorial musings on the morality of homeowners who can afford to pay but choose, instead, to walk away. This Article centers on the current public discourse concerning strategic default, which mirrors a continuing debate among scholars regarding whether …


Teaching Contract Drafting Using Real Contracts, Brian Krumm, Sharon Pocock, Shelley Dunck Jan 2011

Teaching Contract Drafting Using Real Contracts, Brian Krumm, Sharon Pocock, Shelley Dunck

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No abstract provided.


"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey Jan 2008

"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey

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No abstract provided.


Incidental Findings: A Common Law Approach, Stacey A. Tovino Jan 2008

Incidental Findings: A Common Law Approach, Stacey A. Tovino

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Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher’s disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal duty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.


Assignment Of Receivables Under Article 9: Structural Incoherence And Wasteful Filing, Thomas E. Plank Jan 2007

Assignment Of Receivables Under Article 9: Structural Incoherence And Wasteful Filing, Thomas E. Plank

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No abstract provided.


Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay Jan 2007

Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay

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Panel discussion among law faculty who teach contracts of 2007 book authored by Victor Goldberg, which suggests that an economic approach to contract interpretation is appropriate.


Arbitration, Unconscionability, And Equilibrium: The Return Of Unconscionability Analysis As A Counterweight To Arbitration Formalism, Jeffrey W. Stempel Jan 2004

Arbitration, Unconscionability, And Equilibrium: The Return Of Unconscionability Analysis As A Counterweight To Arbitration Formalism, Jeffrey W. Stempel

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However incomplete, unaggressive, or sub-optimal, unconscionability analysis of arbitration agreements has made something of a comeback in the late twentieth century and early twenty-first century. Just as nature abhors a vacuum, water seeks to be level, and ecosystems work to retain environmental stability, the legal system has witnessed an incremental effort by lower courts to soften the rough edges of the Supreme Court's pro-arbitration jurisprudence through rediscovery of what might be called the “unconscionability norm”--a collective judicial view as to what aspects of an arbitration arrangement are too unfair to merit judicial enforcement. In rediscovering and reinvigorating the unconscionability norm …


An Inconsistently Sensitive Mind: Richard Posner's Celebration Of Insurance Law And Continuing Blind Spots Of Econominalism, Jeffrey W. Stempel Jan 2001

An Inconsistently Sensitive Mind: Richard Posner's Celebration Of Insurance Law And Continuing Blind Spots Of Econominalism, Jeffrey W. Stempel

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Seventh Circuit Judge Richard Posner is well known for bringing economic analysis to bear on a host of issues, including infamously controversial notions such the market for baby sale. Not surprisingly, Posner's insurance law opinions reflect economics, but perhaps not to the degree one would expect. A review of Posner's 20 years of opinions relating to insurance issues reviews his pragmatic jurisprudence as well. Decisions frequently reflect not only economics but also situational context and considerations of business reality as well as a sophisticated grasp of basic insurance doctrine and contract law. As a general matter, Posner also displays considerably …


Preface To The Gateway Thread, Deborah W. Post Jan 2000

Preface To The Gateway Thread, Deborah W. Post

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No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post Jan 2000

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post

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No abstract provided.


Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post Jan 2000

Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post

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No abstract provided.


Unreason In Action: A Case Study In The Wrong Approach To Construing The Liability Insurance Pollution Exclusion, Jeffrey W. Stempel Jan 1998

Unreason In Action: A Case Study In The Wrong Approach To Construing The Liability Insurance Pollution Exclusion, Jeffrey W. Stempel

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For more than twenty-five years, a significant component of the scholarly commentary on insurance law has focused on the so-called “reasonable expectations doctrine” enunciated by then-Professor (now Judge) Robert Keeton in his justly celebrated 1970 article. The reasonable expectations principle made a seemingly sudden emergence with the appearance of Keeton's article and has held particular attraction to academics while simultaneously prompting resistance from elements of the bench and bar, and particularly from the insurance industry. The doctrine's life to date can be described as one of early growth followed by subsequent retreat and dilution, with continuing controversy.

However, despite the …


Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel Jan 1996

Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel

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The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …


Interpreting Insurance Policies, Jeffrey W. Stempel Jan 1995

Interpreting Insurance Policies, Jeffrey W. Stempel

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Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.


Sacred Cows And Workhorses: The Sale Of Accounts And Chattel Paper Under The U.C.C. And The Effects Of Violating A Fundamental Drafting Principle, Thomas E. Plank Jan 1994

Sacred Cows And Workhorses: The Sale Of Accounts And Chattel Paper Under The U.C.C. And The Effects Of Violating A Fundamental Drafting Principle, Thomas E. Plank

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No abstract provided.


A Better Approach To Arbitrability, Jeffrey W. Stempel Jan 1991

A Better Approach To Arbitrability, Jeffrey W. Stempel

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Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration agreement and …


Book Review: International Handbook On Contracts Of Employment. Edited By John S. Bradley And Brian Youngman, With A Foreword By John R. Salter., Fran Ansley Jan 1989

Book Review: International Handbook On Contracts Of Employment. Edited By John S. Bradley And Brian Youngman, With A Foreword By John R. Salter., Fran Ansley

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No abstract provided.