Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Reconsidering The Reliance Interest, Christopher W. Frost
Reconsidering The Reliance Interest, Christopher W. Frost
Law Faculty Scholarly Articles
This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.
Dispute Settlement Under The 1997 Convention On The Law Of The Non-Navigational Uses Of International Watercourses, Ruth Lapidoth
Dispute Settlement Under The 1997 Convention On The Law Of The Non-Navigational Uses Of International Watercourses, Ruth Lapidoth
International Law Studies
No abstract provided.
Employees Beware: Signing Arbitration Agreements May Limit Your Remedies In Suits Filed By The Eeoc - Equal Employment Opportunity Commission V. Waffle House, Inc., Sarah Baxter
Journal of Dispute Resolution
Arbitration is used regularly to settle employment disputes, and federal policy supports these agreements between private parties. Federal statutes, however, also grant the Equal Employment Opportunity Commission the authority to pursue employment discrimination claims in court. These claims do more than vindicate the rights of individuals, they also safeguard the public interest in ending employment discrimination. A conflict may arise between these two policies when employees sign agreements to submit statutory discrimination claims to arbitration. This Note examines the split of authority on the issue of whether the Equal Employment Opportunity Commission should be permitted to seek money damages on …
Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton
Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton
William & Mary Law Review
No abstract provided.
Suing States For Money: Constitutional Remedies After Alden And Florida Prepaid, Michael Wells
Suing States For Money: Constitutional Remedies After Alden And Florida Prepaid, Michael Wells
Scholarly Works
On June 23, 1999, the Supreme Court handed down three noteworthy decisions bearing on the law of constitutional remedies. Alden v. Maine struck down an attempt by Congress, acting under its Article I powers, to subject states to suits in state court on federal statutory grounds. Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank curbed Congress' power under Section 5 of the Fourteenth Amendment to authorize suits against state governments on constitutional grounds, reasoning that a case cannot be made for the federal cause of action unless state law remedies are inadequate. A companion case, College Savings Bank …
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
Peer Harassment--Interference With An Equal Educational Opportunity In Elementary And Secondary Schools, Ivan E. Bodensteiner
Peer Harassment--Interference With An Equal Educational Opportunity In Elementary And Secondary Schools, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.
A Constitutional And Statutory History Of The Telephone Business In South Carolina, William J. Quirk, Fred A. Walters
A Constitutional And Statutory History Of The Telephone Business In South Carolina, William J. Quirk, Fred A. Walters
South Carolina Law Review
No abstract provided.