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Articles 1 - 17 of 17
Full-Text Articles in Law
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.
Contract Law, Bryan L. Walpole Iii
Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy
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
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
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
William & Mary Bill of Rights Journal
No abstract provided.
Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker
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
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
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
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
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
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
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
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
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
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.