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Full-Text Articles in Law
Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson
Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson
Indiana Law Journal
Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.
This Article aims to fill that gap. …
Arbitration And The Federal Balance, Alyssa King
Arbitration And The Federal Balance, Alyssa King
Indiana Law Journal
Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …
Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche
Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche
Indiana Law Journal
Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public’s trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any legal system to make the pre-commitments necessary to completely isolate the governance of its money supply from political pressure. This proposition is true not only today, where nearly all government institutions manage their money supply in the form of central banking, but also true of past private banking regimes circulating their …
College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?, Randall Thomas, Lawrence Van Horn
College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?, Randall Thomas, Lawrence Van Horn
Indiana Law Journal
College football coaches’ employment contracts and compensation garner public attention and scrutiny in much the same way as those of corporate CEOs. In both cases, the public perception is that they must be overpaid and pampered. Economic theory claims that for coaches and CEOs to be overpaid, they must be receiving compensation in excess of the value they create for their organizations. However, both receive pay-for-performance compensation, which structurally aligns their compensation with value creation. This means we need to examine the underlying structure of the contract that gives rise to the observed compensation to determine whether they are appropriately …
Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel
Good-Cause Statutes Revisited: An Empirical Assessment, Adi Ayal, Uri Benoliel
Indiana Law Journal
One of the most vital debates in franchise law focuses on whether state or federal law should adopt “good-cause statutes” (GCSs), which require franchisors to show good cause before terminating contractual relations with a franchisee. The traditional law-and-economics analysis suggests that GCSs are inefficient. This inefficiency argument is based upon one central hypothesis: GCSs increase franchisee free riding since they limit the franchisor’s ability to terminate the franchise contract easily. The free-riding hypothesis has been significantly influential in the development of franchise law, as is evident in state and federal statutory regimes. To date, the majority of states and the …
Contracts-Breach Distinguished From Rescission
Contracts-Breach Distinguished From Rescission
Indiana Law Journal
No abstract provided.
Contracts-Offer And Acceptance-Lapse Of Offer
Contracts-Offer And Acceptance-Lapse Of Offer
Indiana Law Journal
No abstract provided.
Inadequacy Of Factual Basis For Enforcing Charitable Subscription
Inadequacy Of Factual Basis For Enforcing Charitable Subscription
Indiana Law Journal
Contract Note
Contracts, Sales And Assignments
Contracts, Sales, Insurance, Henry B. Witham
Contracts, Sales, Insurance, Henry B. Witham
Indiana Law Journal
No abstract provided.
Contracts By Outsiders To Influence Directors' Action
Contracts By Outsiders To Influence Directors' Action
Indiana Law Journal
Notes and Comments: Corporations
Liquor Control Laws As Sanctions
Contingent Fees For Influencing Legislation
Contingent Fees For Influencing Legislation
Indiana Law Journal
Recent Case Notes: Contracts
Contracts-Discharge By Partial Payment
Contracts-Insanity As Affecting Validity Of Agreements
Contracts-Insanity As Affecting Validity Of Agreements
Indiana Law Journal
No abstract provided.
Contracts-Implied Assumption Of Continued Existence Of Building Recovery For Part Performance
Contracts-Implied Assumption Of Continued Existence Of Building Recovery For Part Performance
Indiana Law Journal
No abstract provided.
Contracts-Discharge By Inconsistent Provisions Of Subsquent Contract
Contracts-Discharge By Inconsistent Provisions Of Subsquent Contract
Indiana Law Journal
No abstract provided.
Contracts-Arbitration-Sherman Act
Consideration In The Anglo-American Law Of Contracts, Hugh Evander Willis
Consideration In The Anglo-American Law Of Contracts, Hugh Evander Willis
Indiana Law Journal
This article is revised and reprinted from the Pennsylvania Law Review with the permission of the editors of that periodical.
Restatement Of The Law Of Contracts Of The American Law Institute, Hugh E. Willis
Restatement Of The Law Of Contracts Of The American Law Institute, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Contracts-Statute Of Frauds-Guaranty
Contracts-Consideration-Promissory Estoppel
Contracts-Recovery Under Void Agreement
Vendor And Purchaser Contracts-Conditions
Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs
Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs
Indiana Law Journal
No abstract provided.