Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
Articles 1 - 30 of 31
Full-Text Articles in Law
Harmful Freedom Of Choice: Lessons From The Cellphone Market , Adi Ayal
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
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
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
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
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
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
The Problems Of Pouring-Rights Contracts, David S. Almeling
Duke Law Journal
No abstract provided.
Outsourcing Government Regulation, Sidney A. Shapiro
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
Reliance And Contract Breach, Jim Leitzel
Law and Contemporary Problems
No abstract provided.
Diversifying Physician Risk Through Contract, Thomas Palay
Diversifying Physician Risk Through Contract, Thomas Palay
Law and Contemporary Problems
No abstract provided.
Default, Foreclosure, And Strategic Renegotiation, Charles Kahn, Gur Hueberman
Default, Foreclosure, And Strategic Renegotiation, Charles Kahn, Gur Hueberman
Law and Contemporary Problems
No abstract provided.
The Economics Of Contract Law, Michael J. Meurer
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
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
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
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
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.
Afterword: Contracts And Uncertainty, Walter F. Pratt Jr.
Law and Contemporary Problems
No abstract provided.