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Articles 1 - 6 of 6
Full-Text Articles in Law
The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield
The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield
Gillian K Hadfield
One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …
Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Antonin I. Pribetic
Well into the new millennium, the landscape of international business commerce continues to change dramatically. As many companies expand into global markets, the extant business reality of prosecuting or defending lawsuits arises from companies relying upon standard or boiler plate contracts or invoices when selling goods and services to customers or buying products from suppliers or third parties. This article discusses transnational contractual and litigation issues in Canada, with specific application to the province of Ontario. This article first addresses, from an Ontario company perspective, the importance of incorporating choice of forum, choice of law, and time of the essence …
Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Margo Schlanger, Anne Morrison Piehl
Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Margo Schlanger, Anne Morrison Piehl
Margo Schlanger
No abstract provided.
Lives Of The Justices: Supreme Court Autobiographies, Laura K. Ray
Lives Of The Justices: Supreme Court Autobiographies, Laura K. Ray
Laura K. Ray
No abstract provided.
Adr And The 'Vanishing Trial': The Growth And Impact Of 'Alternative Dispute Resolution', Thomas J. Stipanowich
Adr And The 'Vanishing Trial': The Growth And Impact Of 'Alternative Dispute Resolution', Thomas J. Stipanowich
Thomas J. Stipanowich
In the past quarter-century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other “alternative dispute resolution” (ADR) approaches. This study examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings. The analysis examines the relationship between ADR and court trial, but also underlines the broader uses of and rationale …
Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes
Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes
Henry S. Noyes
The U.S. Judicial Conference Advisory Committee on Civil Rules recommended a package of proposed amendments to the Federal Rules of Civil Procedure to address issues raised by discovery of electronic information. The recommendations were based on the theory that discovery of electronic information is truly different from discovery of non-electronic information and that the differences require a special set of discovery rules. This Article tests the bases for the Advisory Committee's theory and concludes that there are five true differences between discovery of electronic information and discovery of traditional hard copy information, but two of the differences are addressed by …