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Articles 1 - 17 of 17

Full-Text Articles in Law

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.


Contract Law, Bryan L. Walpole Iii Oct 1996

Contract Law, Bryan L. Walpole Iii

South Carolina Law Review

No abstract provided.


Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy Oct 1996

Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy

Dalhousie Law Journal

Prior to the Supreme Court of Canada's decision in Tolofson v. Jensen limitations statutes were characterized, prima facie, as procedural for purposes of Canadian private international law. The principal authority for this characterization was the 1835 case of Huber v. Steiner in which an action was brought on a promissory note made in France in 1813 and payable in 1817. The defendant argued that the French Code de commerce applied and that the right of action was extinguished by the provision that "all actions ... prescribe themselves by five years reckoning from the day of protest ..... Tindal C.J. recognized …


Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz May 1996

Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz

William & Mary Bill of Rights Journal

Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.


Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley May 1996

Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley

William & Mary Bill of Rights Journal

Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …


The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel May 1996

The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel

William & Mary Bill of Rights Journal

No abstract provided.


Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker Jan 1996

Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sovereignty And Regionalism, Horacio A. Grigera Naón Jan 1996

Sovereignty And Regionalism, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Applicability Of Strict Liability Warranty Theories To Service Transactions, B. Ellen Taylor Jan 1996

Applicability Of Strict Liability Warranty Theories To Service Transactions, B. Ellen Taylor

South Carolina Law Review

No abstract provided.


Defendant's Responsibility To Minimize Plaintiff's Loss: A Curious Exception To The Avoidable Consequences Doctrine, Michael Bruce Kelly Jan 1996

Defendant's Responsibility To Minimize Plaintiff's Loss: A Curious Exception To The Avoidable Consequences Doctrine, Michael Bruce Kelly

South Carolina Law Review

No abstract provided.


Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen Jan 1996

Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen

Faculty Scholarship

No abstract provided.


Oil And Gas: Roye Realty & Developing V. Watson--An Answer To The Take-Or-Pay Royalty Issue In Oklahoma Or Simply More Confusion?, James Muenker Jan 1996

Oil And Gas: Roye Realty & Developing V. Watson--An Answer To The Take-Or-Pay Royalty Issue In Oklahoma Or Simply More Confusion?, James Muenker

Oklahoma Law Review

No abstract provided.


International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein Jan 1996

International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein

Faculty Scholarship

No abstract provided.


Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman Jan 1996

Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman

Faculty Publications

The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …


Beyond Arbitration: Innovation And Evolution In The United States Construction Industry, Thomas J. Stipanowich Dec 1995

Beyond Arbitration: Innovation And Evolution In The United States Construction Industry, Thomas J. Stipanowich

Thomas J. Stipanowich

Disagreement among contracting parties has a rich tradition in the construction industry, which has been at the forefront of creating and experimenting with alternatives to litigation. In this article, Professor Stipanowich examines traditional alternatives to litigation utilized by the construction industry, including summary adjudication by design professionals, arbitration, mediation, minitrial, dispute review boards, early neutral evaluation, and partnering. After analyzing the results from the 1991 ABA-sponsored survey on dispute resolution in the construction industry, the author presents data from the 1994 Multidisciplinary Study on Dispute Avoidance and Resolution in the Construction Industry, a landmark study of which the author was …


A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M. Moringiello Dec 1995

A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.