Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (8)
- Comparative and Foreign Law (5)
- International Trade Law (4)
- Dispute Resolution and Arbitration (3)
- Banking and Finance Law (2)
-
- Business Organizations Law (2)
- Civil Law (2)
- Contracts (2)
- Criminal Law (2)
- Energy and Utilities Law (2)
- Estates and Trusts (2)
- Legal Ethics and Professional Responsibility (2)
- Natural Resources Law (2)
- Oil, Gas, and Mineral Law (2)
- State and Local Government Law (2)
- Civil Procedure (1)
- Courts (1)
- European Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Society (1)
- Legal History (1)
- Legal Writing and Research (1)
- Supreme Court of the United States (1)
- Institution
-
- Nova Southeastern University (5)
- Saint Louis University School of Law (4)
- United Arab Emirates University (4)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (3)
- University of Missouri School of Law (3)
-
- University of Oklahoma College of Law (3)
- Fordham Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Duke Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- St. Mary's University (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- Publication Year
- Publication
-
- ILSA Journal of International & Comparative Law (4)
- UAEU Law Journal (4)
- Fordham Journal of Corporate & Financial Law (2)
- Journal of Dispute Resolution (2)
- Oil and Gas, Natural Resources, and Energy Journal (2)
-
- Review of law sciences (2)
- Saint Louis University Law Journal (2)
- Saint Louis University Public Law Review (2)
- Touro Law Review (2)
- American Indian Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Duke Journal of Gender Law & Policy (1)
- Georgia Journal of International & Comparative Law (1)
- International Relations: Politics, Economics, Law (1)
- Loyola of Los Angeles Law Review (1)
- Marquette Law Review (1)
- Michigan Law Review (1)
- Missouri Law Review (1)
- Nova Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii
Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii
Dickinson Law Review (2017-Present)
Standard hospital admissions contracts (“HACs”) often contain provisions that are shockingly unfair, but are easily overlooked or misunderstood by patients. Hospitals rely on the common law of contracts, especially the doctrine of freedom of contract, to claim that these provisions should be enforced. Many courts have accepted the freedom of contract argument and enforced some or all of these provisions.
This Article suggests that courts are in error to enforce these harsh provisions against patients. This Article focuses on four harsh provisions commonly found in HACs. First is the payment provision which is opaque, misleading, and designed to allow hospitals …
How Reputational Nondisclosure Agreements Fail (Or, In Praise Of Breach), Mark Fenster
How Reputational Nondisclosure Agreements Fail (Or, In Praise Of Breach), Mark Fenster
Marquette Law Review
Investigative reporters and the #MeToo movement exposed the widespread use of non-disclosure agreements intended to maintain confidentiality about one or both contracting parties’ embarrassing acts. These reputational NDAs (RNDAs) have been widely condemned and addressed in the past half-decade by legislators, activists, and academics. Their exposure, often via victims’ breaches, revealed a curious and distinct dilemma for the non-breaching party whose reputation is vulnerable to disclosure. In most contracts, non-breaching parties might choose to forgo enforcement because of the cost and uncertain success of litigation and the availability of other pathways to a satisfactory resolution. Parties to a RNDA, by …
Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
Pepperdine Dispute Resolution Law Journal
Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …
International Liability For Damages Caused By Satellites And Other Space Vehicles In Light Of Outer Space Treaties, Muhammad Ali Al-Hajj
International Liability For Damages Caused By Satellites And Other Space Vehicles In Light Of Outer Space Treaties, Muhammad Ali Al-Hajj
UAEU Law Journal
The research aims to describe the provisions of international liability of the damage caused by satellites and other spacecraft as well as addressing the definition of outer space and its nature. Then, it covers the role of the United Nations (UN) in its organization through adoption of several resolutions and agreements detailing the provisions that are relevant to the registration of launched vehicles into space and the rules of liability resulting from damages that may be caused. In conclusion, the study holds that states bear an absolute liability when damages occur on the ground or while the aircraft is in …
Liberalization Of World Trade Agreements And Their Impact On The Legal System Of International Contracts, Bin Ahmed, Al-Haj
Liberalization Of World Trade Agreements And Their Impact On The Legal System Of International Contracts, Bin Ahmed, Al-Haj
UAEU Law Journal
In the contemporary period, international trade is based on two ideas: the first is that the market transcends country boundaries and thus can build a spontaneous law and supranational legal rules; the second concerns the State, which has no jurisdiction to impose its legal system on commercial relations.
So there is a phenomenon of legal pluralism, a state of legal order and as a spontaneous supranational legal order, which finds its source in commercial practices, arbitrations, and model contracts.
Globalization of trade has provided very important interests of economic operators, alos, it threatens the sovereignty of the State and its …
Guilty Plea Agreements In The United States Of America: Study The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates First Section, Meshari Al-Eifan
UAEU Law Journal
In the first section of this study, this study reviews the concept of Guilty Plea Agreements. In addition, this reviews the conditions of validity of these agreements in light of constitutional and legal terms.
Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan
Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan
UAEU Law Journal
The second section of this study, it reviews the possibility of the application of the Guilty Plea Agreements in the Kuwaiti and UAE legal systems.
Issues Of Legal Regulation Of Relations Related To Information And Communication Technologies, K. Mekhmonov
Issues Of Legal Regulation Of Relations Related To Information And Communication Technologies, K. Mekhmonov
Review of law sciences
The article discusses the legal issues of using artificial intelligence in jurisprudence. The author analyzes the legislation and law enforcement practice of foreign countries such as the USA, Great Britain, Australia, Russia, Kazakhstan, as well as the resolution of the European Parliament and the WIPO materials on the use of artificial intelligence. The features of the legislation and practice of the Republic of Uzbekistan on the use of artificial intelligence are revealed. In conclusion, the author gives reasonable conclusions on the improvement of legislation in relation to artificial intelligence in jurisprudence.
Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov
Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov
Review of law sciences
Author analysis and gives new comprehension of contemporary problems of states- succession in international law, theoretical aspects, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.
Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov
Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov
International Relations: Politics, Economics, Law
Аuthor analysis and gives new comprehension of contemporary problems of states succession in international law, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.
Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part Two), Christopher S. Kulander
Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part Two), Christopher S. Kulander
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander
Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Curing The Mass Tort Settlement Malaise, Noah Smith-Drelich
Curing The Mass Tort Settlement Malaise, Noah Smith-Drelich
Loyola of Los Angeles Law Review
To settle the thousands of claims arising from the defective painkiller Vioxx, Merck Pharmaceuticals brokered an agreement, not with the Vioxx plaintiffs but with their lawyers. This agreement required the plaintiffs’ lawyers to recommend settlement to all of their clients and to withdraw if any of those clients declined: plaintiffs’ lawyers could either settle all of their claims or none. Through this unusual arrangement, made without the involvement of the plaintiffs and outside of any formal judicial supervision, Merck was able to craft a favorable settlement group that mimicked a Rule 23 class. This Article explores the Vioxx Agreement as …
Eu-Switzerland: Quo Vadis?, Marc Maresceau
Eu-Switzerland: Quo Vadis?, Marc Maresceau
Georgia Journal of International & Comparative Law
No abstract provided.
Reverse Payment Agreements: Why A “Quick Look” Properly Protects Patents And Patients, Natalie Stoltz
Reverse Payment Agreements: Why A “Quick Look” Properly Protects Patents And Patients, Natalie Stoltz
Saint Louis University Law Journal
No abstract provided.
Arbitration Clauses In Fee Retainer Agreements., Chrissy L. Schwennsen
Arbitration Clauses In Fee Retainer Agreements., Chrissy L. Schwennsen
St. Mary's Journal on Legal Malpractice & Ethics
Due to the variety of approaches jurisdictions employ when determining the legal ramifications of arbitration clauses in fee retainer agreements, it’s best to include an explanation of the legal consequences of arbitration in the agreements. The attorney can, and should, fully explain the potential benefits of arbitration to clients. State courts take various viewpoints on the issue, and most stand contrary to the position of the American Bar Association (ABA) and state ethics committees on the subject. Consequently, attorneys must disclose truthful and accurate information regarding arbitration agreements when engaged in multijurisdictional practice in order to ensure protection from malpractice …
Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Transactional Education, Prepare Students For Private Practice, And Enhance University Life., Seth Freeman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Philosophical, Religious, And Legalistic Perspectives On Equal Human Dignity And U.S. Free Trade Agreements, Raj Bhala
Saint Louis University Public Law Review
What would international trade law, and particularly free trade agreements (FTAs) of the United States, look like if the dominant paradigm for their negotiation, drafting, implementation and enforcement shifted from economics to equal human dignity?
First, the concept of equal human dignity has deep philosophical roots, including in the work of Immanuel Kant, the great philosopher of the late Enlightenment. The Categorical Imperative, for which Kant (among other insights) is renowned, and which Kant articulated in three formulations, helps define the concept. Further, the American legal philosopher, John Rawls, offers a formula to elaborate and apply the Categorical Imperative. Second, …
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Missouri Law Review
Part II of this article presents an overview of premarital agreement rules related to procedural and substantive fairness. Part III examines the relationship between the Restatement (First) of Conflict of Laws (hereinafter Restatement (First)) and the Restatement (Second) of Conflict of Laws (hereinafter Restatement (Second)), with a specific focus on the ability of parties to contractually predetermine controlling law in relationship to marital rights and obligations before they marry. Part IV analyzes the choice of law provision in the UPAA. Part V synthesizes the existing judicial treatment of choice of law provisions in premarital agreements in jurisdictions applying the Restatement …
Kristian V. Comcast: Another Drop In The Bucket, Or The Achilles Heel Of Arbitration Agreements Banning Class Mechanisms?, Falon M. Wrigley
Kristian V. Comcast: Another Drop In The Bucket, Or The Achilles Heel Of Arbitration Agreements Banning Class Mechanisms?, Falon M. Wrigley
Saint Louis University Public Law Review
No abstract provided.
Comentario: La Decision Del Tribunal De Justicia De Las Comunidades Europeas De Anular El Acuerdo Entre Los Estados Unidos Y La Comunidad Europea En Cuanto A La Transferencia Detos De Registro De Nombres Personales, Sus Efectos, Y Recomendaciones Para Una Nueva Solucion, Vanessa Serrano
ILSA Journal of International & Comparative Law
Como consecuencia de los ataques terroristas del I I de septiembre en los Estados Unidos, el gobiemo estadounidense implement6 nuevas leyes y regulaciones para aerolineas intemacionales que aterrizan en aeropuertos estadounidenses.
Comment: The European Court Of Justice's Decision To Annul The Agreement Between The United States And European Community Regarding The Transfer Or Personal Name Record Data, Its Effects, And Recommendations For A New Solution, Vanessa Serrano
ILSA Journal of International & Comparative Law
As a result of the September 11 th terrorist attacks on the United States, the U.S. government implemented new laws and regulations for international air carriers landing in U.S. airports.
What Do Unions Do About Appearance Codes?, Michael J. Yelnosky
What Do Unions Do About Appearance Codes?, Michael J. Yelnosky
Duke Journal of Gender Law & Policy
In contrast, Renee Gaud and Trisha Hart worked as cocktail servers at the Borgata Hotel Casino and Spa in Atlantic City, New Jersey.8 Unlike Darlene Jespersen, they were union employees represented by the Hotel Employees and Restaurant Employees International Union, Local 54, and thus were not at-will workers.9 Gaud, Hart, and other employees objected to a new Borgata policy prohibiting cocktail servers and bartenders from gaining more than seven percent of their body weight as determined by a baseline set when the policy was instituted.10 Gaud and Hart challenged the policy in New Jersey state court on the grounds that …
Last Chance Agreements: How Many Chances Is An Employee Entitled To, Kathleen Birkhofer
Last Chance Agreements: How Many Chances Is An Employee Entitled To, Kathleen Birkhofer
Journal of Dispute Resolution
Over the years, a large number of cases involving labor issues have gone to arbitration. Of these labor cases, a distinct sub-category are those governed by the Railway Labor Act (RLA). In labor cases, including those governed by the RLA, the Supreme Court has repeatedly reaffirmed the strong federal policy in favor of arbitration. Furthermore, courts have consistently held that great deference must be shown toward the arbitrator when reviewing an arbitration award. However, there are still issues that arise as to just how much deference should be afforded to an arbitrator's decision and when a court can overturn an …
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
American Indian Law Review
No abstract provided.
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Fordham Journal of Corporate & Financial Law
No abstract provided.
Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter
Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter
Journal of Dispute Resolution
While the United States Supreme Court has repeatedly held that claims based on statutory rights may be vindicated by arbitration, the Court has yet to determine the validity of a pre-dispute mandatory arbitration agreement ("MAA") that covers Title VII of the Civil Rights Act of 1964 ("Title VII"). The United States Court of Appeals for the Ninth Circuit, contrary to every other district court of appeals to have considered the matter, has held that Title VII claims may not be subjected to arbitration under an MAA. The instant case once again addresses the question of whether the Ninth Circuit will …
Teaching Unconscionability Through Agreements To Arbitrate Employment Claims, Susan A. Fitzgibbon
Teaching Unconscionability Through Agreements To Arbitrate Employment Claims, Susan A. Fitzgibbon
Saint Louis University Law Journal
No abstract provided.
The New Accessions To The European Union From The Central And Eastern Eurpoean Countries: The Strategy Of Accession And Its Implications On The Environmental European Community Policy, Mar Campins Eritja, Andreu Olesti Rayo
The New Accessions To The European Union From The Central And Eastern Eurpoean Countries: The Strategy Of Accession And Its Implications On The Environmental European Community Policy, Mar Campins Eritja, Andreu Olesti Rayo
ILSA Journal of International & Comparative Law
Beginning in the early 1990's, and coinciding with the current situation created in Europe by the disintegration of the Soviet Union, the changing circumstances within the world context, especially in the European ambit, have caused certain countries of Central and Eastern Europe (hereinafter "CEEC' s") to request accession to the European Union.
Left Out Of The Game: Fast-Track, Non-Tariff Barriers, And The Erosion Of Federalism, William J. Kovatch Jr.
Left Out Of The Game: Fast-Track, Non-Tariff Barriers, And The Erosion Of Federalism, William J. Kovatch Jr.
ILSA Journal of International & Comparative Law
On January 27, 1998, an embattled President Clinton stood before the nation promoting a litany of government initiatives in his State of the Union Address.