Law Commons^™

Rethinking Commodification: Cases And Readings In Law And Culture, Martha Ertman, Joan Williams

Martha M. Ertman

What is the price of a limb? A child? Ethnicity? Love? In a world that is often ruled by buyers and sellers, those things that are often considered priceless become objects to be marketed and from which to earn a profit. Ranging from black market babies to exploitative sex trade operations to the marketing of race and culture, Rethinking Commodification presents an interdisciplinary collection of writings, including legal theory, case law, and original essays to reexamine the traditional legal question: ̶To commodify or not to commodify?” In this pathbreaking course reader, Martha M. Ertman and Joan C. Williams present the …

A Pro-Congress Approach To Arbitration And Unconscionability, Stephen Friedman

Stephen E Friedman

This Essay endeavors to resolve a current controversy involving the application of the unconscionability doctrine to arbitration agreements. The pro-arbitration policies of the Federal Arbitration Act (FAA) and the anti-arbitration instincts of the unconscionability doctrine are difficult to reconcile. Instead of clarity in this area of law, we have a series of hints and clues, often contradictory, from the Supreme Court. Although Professor David Horton and I share a desire to clarify this area of the law, we have nearly opposite views about how this should be accomplished. This Essay sets forth my position and also responds to Unconscionability Wars, …

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Rena C. Seplowitz

No abstract provided.

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena Seplowitz

Rena C. Seplowitz

No abstract provided.

Aplicaciones Prácticas Del Behavioral Law And Economics: ¿Superando Sesgos Cognitivos?, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

En las últimas décadas los postulados del Law and Economics tradicional han venido sufriendo una serie de acotaciones por parte de los académicos de las denominadas ciencias conductuales. A pesar de las pruebas empíricas que se ofrecen para sustentar las objeciones elevadas, un sector tradicionalista se empeña, una y otra vez, en alegar la poca utilidad de esta visión alternativa. Es por esta razón que se reseñarán algunas de sus posibles aplicaciones.

Preface To The Gateway Thread, Deborah W. Post

Deborah W. Post

No abstract provided.

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Sidney Kwestel

No abstract provided.

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena Seplowitz

Sidney Kwestel

No abstract provided.

Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller

Meredith R. Miller

There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indeed, presently before Congress is proposed legislation titled the Arbitration Fairness Act, that would ban pre-dispute arbitration in the consumer, franchise and employment contexts. However, maligned as the plaintiff bar's pro-lawsuit legislation, the Arbitration Fairness Act is predicted to have very little chance of enactment. Consequently, across varying industries, the pre-dispute arbitration regime endures unheedingly. Thus, this Article sets aside the arguments aimed generally at pre-dispute arbitration clauses and, instead, sets its sights on some of the terms that seem to arise in such clauses. The focus here …

Student Film: Jacobs And Young Inc., V. George Kent, Ara Ayvazian, Ashley Haelen, Peggy Zabakolas, Larry Przetakiewicz, Michael Barchak, Andrew Koster, Cristina Puglia, Deborah Post

Deborah W. Post

No abstract provided.

Student Film: Stambovsky V. Ackley, Lindsey Barovick, Lauran Cannataro, Ray Castronovo, Conrad Chayes, Julia Surette, Kenneth Zawistowski, Deborah Post

Deborah W. Post

No abstract provided.

Student Film- In Re: Baby M, Heather Cole, John Nicodemo, Julie Perlina, Jessica Bryant, Rachel Zoltowsky, Alana Hassel, Deborah Post

Deborah W. Post

No abstract provided.

Some Misleading Influences On The Reading Of Reinsurance Contracts: A Plea For Express Intent, Graydon S. Staring

Graydon S. Staring

Reinsurance is a business of transactions that cross national and state boundaries in great numbers and great values measured by premiums, risks and recoveries. It has very old roots as an innovative market free of control by any single nation, responsive to the intentions of parties and governed by the usages and ethical understandings of its principals inherited as part of international commercial practice. It is important that the intentions represented in its contracts be understood in whatever venue they are questioned to the same effect as they were to those who negotiated them. Although this laudable aim will occasionally …

Arbitration Provisions: Little Darlings And Little Monsters, Stephen Friedman

Stephen E Friedman

This Article takes a new approach to resolving the growing tension between the Federal Arbitration Act (FAA) and the unconscionability doctrine. While arbitration provisions are favored under the FAA, they are viewed far more skeptically by courts applying unconscionability to refuse enforcement of one-sided arbitration provisions. This tension, which has increased dramatically in recent years, represents a major fault line in contract law. Jurisprudence and commentary on this issue have assumed that courts have the authority to apply the unconscionability doctrine to arbitration provisions. This Article refutes that assumption, taking the position that Congress, in passing the FAA, removed from …

Focusing On The Realities Of The Contracting Process — An Essential Step To Achieve Justice In Contract Enforcement, Russell A. Hakes

Russell A. Hakes

No abstract provided.

Construction Defects: Are They “Occurrences”?, Chris French

Christopher C. French

An issue in the area of insurance law that has been litigated frequently in recent years is whether construction defects are “occurrences” under Commercial General Liability (“CGL”) insurance policies. The courts have been divided in deciding the issue and in their approaches to analyzing the issue. This article addresses how the issue should be analyzed and concludes that construction defects are “occurrences”.

The relevant rules of insurance policy interpretation dictate that construction defects are “occurrences”. Policy language should be interpreted in such a way as to fulfill the reasonable expectations of the policyholder when the policy is construed as a …

An Exploration Of Interesting Clauses In Sports, Adam Epstein

Adam Epstein

The purpose of this article is to explore a broad spectrum of some of the more prominent and interesting contract clauses that have worked their way into the practice of law in the business of sport. Many of the examples utilized in this article reflect the fundamental principles of contract law generally. The article explores contract clauses (and in some cases terminations) related to prominent coaches including Jim O'Brien, Kelvin Sampson, Tom Crean and Bruce Pearl. Other clauses explored include baseball's now outdated reserve clause, termination for cause clauses, morals, force majeure, liquidated damages, hazardous activity, best efforts, best interests …

Candados Negociales En El Modelo De Franquicia, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors discuss different legal mechanisms to franchise your business successfully while minimizing legal risks.//////////////////////////////////////Los autores analizan los diferentes mecanismos legales para desarrollar una franquicia con éxito y reducir al mínimo los riesgos legales.