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Articles 1 - 12 of 12
Full-Text Articles in Contracts
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Finding The Contract In Contracts For Law, Forum, And Arbitration, William John Woodward
Finding The Contract In Contracts For Law, Forum, And Arbitration, William John Woodward
ExpressO
Contract provisions specifying the law or forum (either judicial or arbitration) have begun appearing in litigated cases, as businesses have pressed many courts for their enforcement against consumers. In at least some of the cases, enforcement of a choice of law provision results in the displacement of the consumer’s home state protection by the lesser consumer protection of the State of the form drafter’s choosing. This phenomenon raises serious problems of federalism and local control of consumer protection. But while considerable scholarly attention has been lavished on so-called “mandatory arbitration” in this context, much less has attempted to improve our …
Código Civil De 1936 Y Doctrina Peruana: Recepción De La Teoría Negocial Del Negocio Jurídico, Rómulo Morales
Código Civil De 1936 Y Doctrina Peruana: Recepción De La Teoría Negocial Del Negocio Jurídico, Rómulo Morales
Rómulo Morales Hervias
El Código Civil peruano de 1936 -la precedente normativa al vigente de 1984- tuvo una gran influencia de las doctrinas francesa y alemana a través de las categorías jurídicas del acto jurídico en la terminología francesa (acte juridique) y del negocio jurídico (Rechtsgeschäft) en la terminología alemana. Tales categorías son aparentemente idénticas pero en realidad son muy diferentes
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Yehuda Adar Dr.
Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …
El Fiduciario Como Accionista: A Propósito De La Resolución 820/2005 De La Inspección General De Justicia, Martin Paolantonio
El Fiduciario Como Accionista: A Propósito De La Resolución 820/2005 De La Inspección General De Justicia, Martin Paolantonio
Martin Paolantonio
Análisis crítico de la posición de la Inspección General de Justicia respecto del accionista fiduciario
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
William Mitchell Law Review
Warranty law is an important supplement to tort law principles governing liability for defective products. Warranties arise from promises or assertions associated with either the sale of a product or some other transfer of a product for value. Such promises or assertions about a product may be express, made in the form of the seller’s statements about the qualities or attributes of the product, or they may simply be implied as a matter of policy. Although warranty law is generally regarded today as part of the body of contract law, the origins of warranty lie in tort. Important developments in …
The Microfoundations Of Standard Form Contracts: Price Discrimination Vs. Behavioral Bias, Jonathan Klick
The Microfoundations Of Standard Form Contracts: Price Discrimination Vs. Behavioral Bias, Jonathan Klick
All Faculty Scholarship
Standard form contracts, or contracts of adhesion, appear to provide contradictory evidence for the operation of bargaining in the markets where they are common. Non-negotiated contract terms that seemingly benefit sellers to the detriment of buyers call into question the efficiency implications of the Coase Theorem, which forms the foundation of positive law and economics. Proponents of the behavioral school of law and economics have suggested that behavioral biases, observed in experimental contexts, provide the most plausible explanation for standard form contracts. However, price discrimination might provide a more parsimonious explanation for abusive terms in contracts. If there is heterogeneity …
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
Adam Epstein
The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Adam Epstein
Review of the 2005 textbook authored by Matthew J. Mitten, Timothy Davis, Rodney K. Smith & Robert C. Berry. The four authors of this text all have credible status in the field of sports law as professors at the law school level, and the reader is reminded of their expertise throughout the book in numerous footnotes, notes and in other references. They present 12 chapters of a sport law smorgasbord in an interesting arrangement. The authors note that the book should be given multidisciplinary consideration among law students and upper-division undergraduate and graduate students. However, the authors provide that the …
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Adam Epstein
A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.
California Amusement Rides And Liability, Adam Epstein
California Amusement Rides And Liability, Adam Epstein
Adam Epstein
Discussion of the majority and minority California Supreme Court decision involving the unfortunate 2000 incident at Disneyland which resulted in the death of a woman on her honeymoon.
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Adam Epstein
Discussion of the valiant efforts of high school basketball coach Roderick Jackson (Birmingham, Alabama) and his complaint over inferior facilities for his girls basketball team. His claim went all the way to the United States Supreme Court.