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Articles 1 - 25 of 25
Full-Text Articles in Law
How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath
How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath
Touro Law Review
The rise in the use of technology, and the creation of new media, has left the entertainment industry at a loss as to how to compensate the creative minds that are starting to work in new media. The rise in new media, a predominant factor in the 2007-2008 writers strike and this year’s almost-strikes of the two actors’ guilds, has forced the entertainment industry to adapt to the changes in technology, and create compensation plans for those that work in new media.
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Touro Law Review
No abstract provided.
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
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 …
Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford
Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford
IP Theory
No abstract provided.
Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey
Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey
Dalhousie Law Journal
The paper begins with some background on modern liner shipping and cargo interest perspectives before considering the Rotterdam Rules 2008 (The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), which could ultimately replace Canada's existing carriage of goods legislation. The authors explore the key issues arising from the implementation of the Rules, and discuss why, from a manufactured goods perspective, there will likely be limited acceptance by cargo owners. They conclude that the gains made in the areas of electronic documentation and greater clarity on delay, as well as altered limits of liability do …
Access To Consumer Remedies In The Squeaky Wheel System , Amy J. Schmitz
Access To Consumer Remedies In The Squeaky Wheel System , Amy J. Schmitz
Pepperdine Law Review
This article explores the “Squeaky Wheel System” (“SWS”) in business-to-consumer (“B2C”) contexts, referring to merchants’ reservation of purchase remedies and other contract benefits for only the relatively few “squeaky wheel” consumers who have the requisite information and resources to persistently seek assistance. The article uncovers how this system fosters contractual discrimination and hinders consumers’ awareness and access with respect to contract remedies. It also adds empirical insights from my recent e-survey, and offers suggestions for using the internet to empower consumers of all economic and status levels with efficient and accessible means for learning about their purchase rights and asserting …
Cyberinfants , Cheryl B. Preston
Cyberinfants , Cheryl B. Preston
Pepperdine Law Review
Teens have emerged as a significant market segment, especially with respect to online goods and services. This increased market presence is likely to foreground the contract infancy doctrine, which permits a person under age eighteen to void a contract with a few exceptions. This article provides solid foundations for a discussion of where the doctrine fits in the face of a rising youth market and the digital revolution. Part II covers the general parameters of the infancy doctrine and dispels the notion that the doctrine will not be applicable to online services. This part critiques the one case that has …
The Rise And Fall Of Crossmann: The South Carolina Supreme Court's Double Take On Whether A Cgl Insurance Policy Covers Progressive Property Damage Resulting From Faulty Workmanship, John C. Bruton
South Carolina Law Review
No abstract provided.
Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter
Northern Illinois University Law Review
The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow artists to reclaim the rights to their songs and albums which they had to assign to the various record companies as a means of recording, publishing, and selling their music. Artists that invest their creativity, musical talent, and time into making a successful record deserve to ultimately reap the benefits that flow from that success. On the other hand, artists that merely record songs written …
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp
Nevada Law Journal
No abstract provided.
Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal
Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal
Pepperdine Dispute Resolution Law Journal
By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessary litigation, at least compared to the Federal Arbitration Act, which does not always identify which of its provisions are default rules. In one important respect, however, RUAA jettisons that valuable certainty. The RUAA drafters left open (or at least sought to leave open) the question whether parties can contract to expand the grounds for judicial review of arbitration awards beyond those set out in the statute. In other words, the drafters purported not to …
Assessing Exclusion Clauses: The Supreme Court Of Canada's Three Issue Framework In Tercon Contractors Ltd V British Columbia (Transportation And Highways), Shannon O'Byrne
Dalhousie Law Journal
The Supreme Court of Canada's 2010 decision in Tercon Contractors Ltd v British Columbia (Transportation and Highways) concerned the enforceability of a broadly drafted exclusion clause in the context of public procurement tendering. It is noteworthy for several reasons. First, the decision unanimously articulated a three-issue framework for determining the enforceability of exclusion clauses. Second, and on a more theoretical front, Tercon offered competing visions as to how contracts are to be interpreted. Though the Supreme Court was unanimous that parties to a contract should-of course-generally be bound by its terms, the majority and dissent followed significantly different paths for …
The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The "Material Alteration" Inquiry, Colin P. Marks
The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The "Material Alteration" Inquiry, Colin P. Marks
Pepperdine Law Review
No abstract provided.
Contracts Hb 30, Georgia State University Law Review
Contracts Hb 30, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
The Contracts Course Survey, Mark L. Roark
The Contracts Course Survey, Mark L. Roark
Journal of Legal Education
No abstract provided.
The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael
The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael
ILSA Journal of International & Comparative Law
Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'
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.
Good Faith In International Arbitration, Bernardo M. Cremades
Good Faith In International Arbitration, Bernardo M. Cremades
American University International Law Review
No abstract provided.
Independence And Impartiality Of Arbitrators: 3 Issues, Dominique Hascher
Independence And Impartiality Of Arbitrators: 3 Issues, Dominique Hascher
American University International Law Review
No abstract provided.
The Dog That Didn't Bark: Private Investment Funds And Relational Contracts In The Wake Of The Great Recession, Robert C. Illig
The Dog That Didn't Bark: Private Investment Funds And Relational Contracts In The Wake Of The Great Recession, Robert C. Illig
Michigan Business & Entrepreneurial Law Review
In the aftermath of the subprime mortgage crisis, the contract rights of numerous hedge funds and venture capital funds were breached. These contracts were complex and sophisticated and had been negotiated at great time and expense. Yet despite all of the assumptions of neo-classical contracts theory, nothing happened. Practically none of these injured parties sued to enforce their rights. Professor Illig uses this dearth of litigation to conduct a form of natural experiment as to the value of contract law. Discrete market participants contracted before the crash and then pursued their rights in court afterwards, while relational market participants contracted …
Redress For A No-Win Situation: Using Liquidated Damages In Comparable Coaches' Contracts To Assess A School's Economic Damage From The Loss Of A Successful Coach, Richard T. Karcher
Redress For A No-Win Situation: Using Liquidated Damages In Comparable Coaches' Contracts To Assess A School's Economic Damage From The Loss Of A Successful Coach, Richard T. Karcher
South Carolina Law Review
No abstract provided.
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Villanova Law Review
A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …
Life Begins At Ejaculation: Legislating Sperm As The Potential To Create Life And The Effects On Contracts For Artificial Insemination, Harvey L. Fiser, Paula K. Garrett
Life Begins At Ejaculation: Legislating Sperm As The Potential To Create Life And The Effects On Contracts For Artificial Insemination, Harvey L. Fiser, Paula K. Garrett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Clinicians, Practitioners, And Scribes: Drafting Client Work Product In A Small Business Clinic, Robert R. Statchen
Clinicians, Practitioners, And Scribes: Drafting Client Work Product In A Small Business Clinic, Robert R. Statchen
NYLS Law Review
No abstract provided.
New Use Of The Doctrine Of Unconscionability To Invalidate Arbitration Agreements In Consumer Contracts, The Note, Valerie Dixon
New Use Of The Doctrine Of Unconscionability To Invalidate Arbitration Agreements In Consumer Contracts, The Note, Valerie Dixon
Journal of Dispute Resolution
Manfredi v. Blue Cross and Blue Shield suggests that this old judicial hostility is alive and well in Missouri jurisprudence. In an effort to level the playing field between parties of unequal bargaining power, Missouri courts have applied the unconscionability doctrine as a way to sidestep the United States Supreme Court's asserted policy favoring arbitration over litigation.7 This note considers the new approach of Missouri courts in invalidating arbitration agreements through the doctrine of unconscionability in the consumer context.