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Articles 61 - 67 of 67
Full-Text Articles in Commercial Law
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Pepperdine Dispute Resolution Law Journal
This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …
Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy
Pepperdine Dispute Resolution Law Journal
In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …
How Negotiability Has Fouled Up The Secondary Mortgage Market, And What To Do About It, Dale A. Whitman
How Negotiability Has Fouled Up The Secondary Mortgage Market, And What To Do About It, Dale A. Whitman
Pepperdine Law Review
No abstract provided.
Explaining Adversarial Boilerplate Language In The Battle Of The Forms: Are Consequential Damages In The U.C.C. Gap Fillers A Penalty Default Rule?, Ryan Griffee
The Journal of Business, Entrepreneurship & the Law
In this article, game theory is applied to the battle of the forms and related scenarios to explain Daniel Keating’s observations, reported in the article “Exploring the Battle of the Forms in Action,” 98 MICH. L. REV. 2678 (2000). The first of the two major findings in this article is that there is a game-theoretic reason drafters of boilerplate language should use adversarial, U.C.C. § 2-207(1) proviso-conforming language, namely, to ensure that clients receive terms that are no worse than the default U.C.C. gap fillers. The second major finding is that there is a penalty default rule in contract law. …
The Development Of The Commercial Judicial System In Uganda: A Study Of The Commercial Court Division, High Court Of Uganda, Geoffrey Kiryabwire
The Development Of The Commercial Judicial System In Uganda: A Study Of The Commercial Court Division, High Court Of Uganda, Geoffrey Kiryabwire
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Financial Considerations When Owning And Selling A Business, David G. Adishian
Financial Considerations When Owning And Selling A Business, David G. Adishian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Baby Boomers' And The Branding Of Political Speech: An Unintended Consequence Of Bono's Red Campaign, Robert Koulish
Baby Boomers' And The Branding Of Political Speech: An Unintended Consequence Of Bono's Red Campaign, Robert Koulish
The Journal of Business, Entrepreneurship & the Law
No abstract provided.