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Full-Text Articles in Law

Harmful Freedom Of Choice: Lessons From The Cellphone Market , Adi Ayal Apr 2011

Harmful Freedom Of Choice: Lessons From The Cellphone Market , Adi Ayal

Law and Contemporary Problems

This article focuses on the relationship between provider and customer, specifically on the complexity of available contracts in the cellphone market and the ways this complexity might be harmful to consumers. This article aims to elucidate the issues, fleshing them out both as a general phenomenon and as a specific implementation in the cellphone context. The aim is not to provide ultimate solutions, but to show the directions these solutions might take and the difficulties involved.


When Bad Things Happen To Good Sovereign Debt Contracts: The Case Of Ecuador, Arturo C. Porzecanski Oct 2010

When Bad Things Happen To Good Sovereign Debt Contracts: The Case Of Ecuador, Arturo C. Porzecanski

Law and Contemporary Problems

No abstract provided.


Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales Jul 2009

Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales

Law and Contemporary Problems

A surrogate-motherhood arrangement is one in which a woman agrees to bear a child for a commissioning couple. She carries the child through pregnancy and subsequently surrenders the child to the commissioning couple. There are two sorts of surrogate motherhood: genetic and gestational. Here, McLachlan and Swales discuss these two types. They further argue that commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. Also, they argue that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Here, they also present …


Law, Ethics, And International Finance, Lee C. Buchheit Jul 2007

Law, Ethics, And International Finance, Lee C. Buchheit

Law and Contemporary Problems

Cross-border financial flows can have dramatic effects on the recipients of the money--for good or for ill. This is particularly true in countries whose economies and capital markets are underdeveloped. Moreover, ethical questions about who should receive cross-border financing, in what amounts, for what purposes, and on what conditions have long engaged the attention of international financial institutions such as World Bank, the International Monetary Fund, and the regional development banks. Here, Buchheit analyzes a difficult area where law and ethics have not yet found a happy coexistence--the problem of odious debts.


Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang Dec 2006

Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang

Alaska Law Review

No abstract provided.


Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen Apr 2004

Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen

Law and Contemporary Problems

Companies are increasingly using arbitral class action prohibitions to insulate themselves from class action liability. These prohibitions are detrimental not only to potential class members but to the public at large in that they are preventing the law from being adequately enforced. In essence, by precluding class actions, companies are engaging in "do-it-yourself tort reform," freeing themselves from liability without having to convince legislatures to change the substantive law.


The Problems Of Pouring-Rights Contracts, David S. Almeling Dec 2003

The Problems Of Pouring-Rights Contracts, David S. Almeling

Duke Law Journal

No abstract provided.


Outsourcing Government Regulation, Sidney A. Shapiro Nov 2003

Outsourcing Government Regulation, Sidney A. Shapiro

Duke Law Journal

No abstract provided.


Rational Expectations Of Leniency: Implicit Plea Agreements And The Prosecutor’S Role As A Minister Of Justice, Eli Paul Mazur Feb 2002

Rational Expectations Of Leniency: Implicit Plea Agreements And The Prosecutor’S Role As A Minister Of Justice, Eli Paul Mazur

Duke Law Journal

No abstract provided.


Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv Oct 2001

Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv

Duke Law Journal

No abstract provided.


“Freedom Of” Or “Freedom From”? The Enforceability Of Contracts And The Integrity Of The Llc, Leigh A. Bacon Feb 2001

“Freedom Of” Or “Freedom From”? The Enforceability Of Contracts And The Integrity Of The Llc, Leigh A. Bacon

Duke Law Journal

No abstract provided.


Your Place Or Mine: The Enforceability Of Choice-Of-Law/Forum Clauses In International Securities Contracts, Jon A. Jacobson Apr 1998

Your Place Or Mine: The Enforceability Of Choice-Of-Law/Forum Clauses In International Securities Contracts, Jon A. Jacobson

Duke Journal of Comparative & International Law

No abstract provided.


Executory Contracts And Performance Decisions In Bankruptcy, Jesse M. Fried Dec 1996

Executory Contracts And Performance Decisions In Bankruptcy, Jesse M. Fried

Duke Law Journal

No abstract provided.


State Law Of Contract Formation In The Shadow Of The Federal Arbitration Act, Traci L. Jones Dec 1996

State Law Of Contract Formation In The Shadow Of The Federal Arbitration Act, Traci L. Jones

Duke Law Journal

No abstract provided.


Drawing The Boundary Between Copyright And Contract: Copyright Preemption Of Software License Terms, Maureen A. O'Rourke Dec 1995

Drawing The Boundary Between Copyright And Contract: Copyright Preemption Of Software License Terms, Maureen A. O'Rourke

Duke Law Journal

No abstract provided.


Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso Jun 1995

Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso

Alaska Law Review

No abstract provided.


Judicial Enforcement Of Agreements To Share Winning Lottery Tickets, Matthew J. Gries Mar 1995

Judicial Enforcement Of Agreements To Share Winning Lottery Tickets, Matthew J. Gries

Duke Law Journal

No abstract provided.


Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach Dec 1993

Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach

Duke Law Journal

No abstract provided.


The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick Apr 1991

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

Duke Law Journal

No abstract provided.


Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer Jan 1989

Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer

Law and Contemporary Problems

No abstract provided.


Contract Modification: An Economic Analysis Of The Hold-Up Game, Daniel A. Graham, Ellen R. Peirce Jan 1989

Contract Modification: An Economic Analysis Of The Hold-Up Game, Daniel A. Graham, Ellen R. Peirce

Law and Contemporary Problems

No abstract provided.


Reliance And Contract Breach, Jim Leitzel Jan 1989

Reliance And Contract Breach, Jim Leitzel

Law and Contemporary Problems

No abstract provided.


Diversifying Physician Risk Through Contract, Thomas Palay Jan 1989

Diversifying Physician Risk Through Contract, Thomas Palay

Law and Contemporary Problems

No abstract provided.


Default, Foreclosure, And Strategic Renegotiation, Charles Kahn, Gur Hueberman Jan 1989

Default, Foreclosure, And Strategic Renegotiation, Charles Kahn, Gur Hueberman

Law and Contemporary Problems

No abstract provided.


The Economics Of Contract Law, Michael J. Meurer Jan 1989

The Economics Of Contract Law, Michael J. Meurer

Law and Contemporary Problems

No abstract provided.


The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder Jan 1989

The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder

Law and Contemporary Problems

No abstract provided.


Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington Jan 1989

Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington

Law and Contemporary Problems

No abstract provided.


Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman Feb 1987

Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman

Duke Law Journal

No abstract provided.


Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah Apr 1986

Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah

Law and Contemporary Problems

No abstract provided.


Afterword: Contracts And Uncertainty, Walter F. Pratt Jr. Jan 1983

Afterword: Contracts And Uncertainty, Walter F. Pratt Jr.

Law and Contemporary Problems

No abstract provided.