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Articles 1 - 16 of 16
Full-Text Articles in Law
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
No abstract provided.
Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz
Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz
Faculty Publications
The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of exchange context by proposing a "contracting culture" continuum for enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context. "Contracting culture" encompasses economic and non-economic relational factors that impact dispute resolution agreements, but go beyond common conceptions of "culture" focused on ethnicity, nationality, or religion. It also explores beyond the primary …
Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al
Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al
Native American Water Rights Settlement Project
Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007. Amendment 2 replaces 3 exhibits with documents filed in or by the courts: 1) Attachment 1 - replacing Exhibit 25.18.A1 - “Stipulation of the Parties to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Setting forth the Terms of the Settlement (as filed with the Gila Adjudication Court on May 23, 2006”; 2) Attachement 2 - replacing Exhibit 25.18.A2 – “Judgment and Decree”; and 3) Attachement 3 - Exhibit 25.18.B “Order Pursuant to Stipulation issued by the Globe …
Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens
Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens
Marquette Intellectual Property Law Review
Courts reviewing the enforceability of clickwrap agreements have relied upon the case law surrounding shrinkwrap cases in formulating their decisions. The author concludes that the legal reasoning behind the various clickwrap decisions has been relatively consistent, despite arguments made to the contrary. The author also asserts that clickwrap agreements are a legitimate form of contracting, and that objections to clickwrap are similar to objections to other forms of contracts.
The Supremacy Of Techno-Governance: Privatization Of Digital Content And Consumer Protection In The Globalized Information Society, Nicola Lucchi
The Supremacy Of Techno-Governance: Privatization Of Digital Content And Consumer Protection In The Globalized Information Society, Nicola Lucchi
Nicola Lucchi
The article aims to describe the role of technology and contract in regulating access to digital content deregulating intellectual property law monopoly. In particular it argues that the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe compromise the consumer’s capacity to exercise legitimate rights, such as the private use exemption, by giving content owners extralegal protection for their works. It also analyses how these acts have caused an inappropriate delegation of governmental decision making to a non-governmental entity with a consequent privatization of the government’s role in protecting intellectual …
University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie
University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie
Innis Christie Collection
Member Grievance dated November 10, 2006, alleging that the Employer violated Article G1.3a) of the Collective Agreement between the parties, effective May 12, 2006 and expiring June 30, 2010, which the parties agreed is the Collective Agreement applicable here. In the Grievance the Union grieves "the Employer's violation of hiring procedures for sessional instructors", which resulted in the Grievor not being offered a sessional contract to teach [Retracted] for the Spring semester of the academic year 2006/7. The Union seeks a declaration that the Employer violated the Collective Agreement and an order that the Grievor be fully compensated for loss …
Utility And Rights In Common Law Reasoning: Rebalancing Private Law Through Constitutionalization, Hugh Collins
Utility And Rights In Common Law Reasoning: Rebalancing Private Law Through Constitutionalization, Hugh Collins
Dalhousie Law Journal
In the evolution of private law, legal reasoning has always confronted the fundamental problem of reconciling private interests with collective goods. Philosophers analyse this problem ofjustice in terms ofprotecting individual rights whilst at the same time maximizing utility or general welfare. The private law of tort, contract, and property rights that emerged in the nineteenth century provided a fortress of protections for individual rights, but the consequences for collective welfare were quickly found wanting. These consequences were addressed by the welfare state, regulation, and the separation of new spheres ofprivate law such as consumer law and labour lawfrom mainstream doctrine, …
What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho
What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho
Faculty Publications
The time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law. When that time comes, property rights and perhaps even mutual obligations of support may well be held to flow from such relationships. But in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as "marriages". At most, they would become personal relationships having some, but not all, of the legal attributes of marriage. And even when and if …
La Contractualisation De L'Utilisation Des Oeuvres Et L'Expérience Belge Des Exceptions Impératives, Severine Dusollier
La Contractualisation De L'Utilisation Des Oeuvres Et L'Expérience Belge Des Exceptions Impératives, Severine Dusollier
Severine Dusollier
No abstract provided.
Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz
Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz
Fordham Journal of Corporate & Financial Law
No abstract provided.
Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass
Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass
Georgetown Law Faculty Publications and Other Works
A fundamental divide among theories of contract law is between those that picture contract as a power and those that picture it as a duty. On the power-conferring picture, contracting is a sort of legislative act, in which persons determine what law will apply to their transaction. On the duty-imposing picture, contract law puts duties on persons entering into agreements for consideration whether they want them or not. Until now, very little attention has been paid to the problem of how to tell whether a given rule is power conferring or duty imposing -- a question that should lie at …
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Scholarly Works
2006 Uniform Commercial Code Survey: Sales
Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay
Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay
Scholarly Works
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.
The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel
Scholarly Works
It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …
If You (Re)Build It They Will Come: Contracts To Remake The Rules Of Litigation In Arbitration's Image, Henry S. Noyes
If You (Re)Build It They Will Come: Contracts To Remake The Rules Of Litigation In Arbitration's Image, Henry S. Noyes
Henry S. Noyes
The Supreme Court describes the right to trial by jury in a civil action as a "basic and fundamental" right that is "sacred to the citizen" and therefore "should be jealously guarded by the court." But parties to a contract may agree that, in the event a dispute arises, they waive their right to a jury. If this dispute resolution right - which is fundamental, constitutional, and set forth in the Federal Rules of Civil Procedure - may be used as a bargaining chip, are there any limits on parties' ability to modify the rules of litigation in their ex …
Intereses En Las Obligaciones De Dinero. Un Ensayo Sobre Clases Jurídicas Y Criterios Instrumentales Para Abordar La Cuestión, Hugo A. Acciarri, Pamela Tolosa, Matias Irigoyen Testa
Intereses En Las Obligaciones De Dinero. Un Ensayo Sobre Clases Jurídicas Y Criterios Instrumentales Para Abordar La Cuestión, Hugo A. Acciarri, Pamela Tolosa, Matias Irigoyen Testa
Hugo Alejandro Acciarri
Most legal literature on money interest assumes a set of distinctions in order to describe the problems included in that area and to propose preferable normative choices. Those distinctions, often implicitly, are deemed objective and natural rather than merely instrumental. Legal scholars are used to think, e. g, that certain interest rate must be considered excessive in relation to every case in which issues of certain kind of interests are involved, neglecting every discussion about the classification criteria employed to construct that reasoning. This works aims to discuss the so supposed objectivity and naturalness of the distinction between several classes …