Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

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.


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.


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.